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HomeMy WebLinkAbout1964-09-21-min i3 8 3 SELECTMEN'S MEETING September 21, 1964 A regular meeting of the Board of Selectmen was held in the Selectmen 's Room, Town Office Building, on Monday, September 21, 1964, at 7 :30 P.M. Chairman Cole, Messrs. Brown, Cataldo and Sheldon were present Mr. Legro, Town Counsel, r. 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 one pole on Spring Street Mr. Serverson, representing the Boston Edison Company and Mr. Robert Dunn, representing the New England Telephone and Telegraph Company, were the only persons present at the hearing Notices of the hearing were mailed to the peti- tioners, owners of the property as listed on the peti- Pole tioners ' plans and also filed with the Superintendent location of Public Works . Mr. Serverson explained this proposed location and the locations proposed in the petition to be heard at 7 :33 P.M. are actually tied in together to get ser- vice down to the new Burroughs Building He indicated the proposed locations on the plan. Mr. Carroll approved the proposed location. The hearing was declared closed and upon motion duly made and seconded, it was voted to grant the peti- tion and sign the odder for the following J/o pole lo- cation: Spring Street, northwesterly side, opposite Frontage Road A -- One (1) pole. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and %'elegraph Company for permission to locate six poles, guy wire and anchor on the sixth pole, on Frontage Road A. Pole, guy Mr. Serverson, representing the Boston Edison Com- wire and pany, and Mr. Robert Dunn, representing the telephone anchor company, were the only persons present at the hearing Notices of the hearing were mailed to the petitioners, owners of the property as listed on the petitioners ' plan 384 Cr' Crgle and also filed with the Superintendent of Public Works. Mr. Serversoh stated these proposed locations tie in with the previous pole location hearing on Spring Street . Mr. Carroll approved the proposed locations . The Hearing was declared closed and upon motion duly made and seconded, it was voted to grant the petition and sign the order for the following i/o pole location, guy wire and anchor locations : Frontage Road A, southwesterly side, southeasterly from a point approximately 56 feet southeast of Spring Street, -- Six (6) poles. Guy wire and anchor on 6th pole. Hearing was declared open upon petition of the New England Telephone and Telegraph Company for permission to locate approximately 70 feet of underground conduit in Hartwell Avenue. Mr. Dunn, representing the petitioner, was the only person present at the hearing. Conduit Notices of the hearing were mailed to the petitioner, location owners of the property as listed on the petitioner's plan and also filed with the Superintendent of Public Works. Mr. Carroll approved the proposed location. The hearing was declared closed and upon motion duly made and seconded, it was voted to grant the petition and sign the order for the following conduit location in Hartwell Avenue : Hartwell Avenue : From M H 54/117 westerly, approxi- mately 70' feet of underground conduit Messrs . Dunn and Serverson retired at 7:38 P.M. Mr. Legro stated he had the contract between the Town of Lexington and the T . D. Sullivan & Sons Company for sewer work, which the Board voted to award last Monday. He explained it has the usual problem in that the insurance certificates are not complete, but if the Board was agreeable, he would recommend that the contract be signed by the Board to be held by him until the cor- rected insurance certificates are received Upon motion duly made and seconded, it was voted to sign a contract, presented by Mr. Legro, Town Counsel, between the Town and T. D. Sullivan & Sons Company for sewer work, all copies to be retained by Mr. Legro until the satisfactory insurance certificates have been received. Mr. Legro reported that he had a 1964 contract between the Town of Lexington and Whitman & Howard for engineering 6 services. He explained the contract has been signed by Whitman & Howard, and he thought it was in proper form for the Board to sign. Engineer- Upon motion duly made and seconded, it was voted ing to sign a contract, presented by Mr. Legro, Town Counsel, contract between the Town of Lexington and Whitman & Howard for engineering services . Mr. Carroll said he had a plan of proposed slope easements on Massachusetts Avenue between the Arlington line and Marrett Road . He stated these easements are very minor and involve takings of five to six feet only and the changes of grade is only a matter of a few inches. However, the State insists that the Town make a taking. He explained that in one case, at the corner of Joseph Road on property of William Madden, there will have to be a :.retaining wall built. He said he has not discussed Mass Ave. this with Mr. Madden yet. slope Upon motion duly made and seconded, it was voted easements to take slope easements in the lots as shown on a plan presented by Mr. Carroll entitled "Plan of Slope Ease- ments, Massachusetts Avenue, Lexington, Mass. Sept . 9, 1964, John J. Carroll, Town Engineer ". 11Upon motion duly made and seconded, it was voted to establish the date of October 5, 1964 as the closing Closing date for ceceiving articles to be inserted in the warrant warrant for the Special Town Meeting to be held November 16, 1964. Mr. Carroll stated that th, re is a chance that the Woodhaven Sewer job mightsp over the appropriation and he may have to ask for more funds at the Special Town Woodhaven Meeting. The contractor is now getting into forty feet Sewer ap- of peat. The original borings went down thirty-two feet propriation and there is about 600 feet of this real treacherous con- dition. He said a meeting had been scheduled for to- morrow morning to determine what course of action should be taken A form notice was received from the County Commissioners relative to a hearing to be held on Wednesday, September 23, 1964 at 10100 A.M. , at which time a representative from the Eminent Attorney General 's office will explain the new laws pertain- domain ing to eminent domain procedures hearing Mr. Legro said he wanted to go to the hearing if he could. Mr. Gray and Mr. Carroll agreed to attend 386 The Chairman referred to Miss Ruth Ryan' s meeting with the Board last Monday, at which time she discussed conditions of her property at 21 Revere Street which she claimed were caused by a brook Mr. Carroll said someone mentioned this to him today, but he has not talked to Miss Ryan for over two years about the brook The Chairman asked if there was anything the Town Revere has to do or can do to relieve the situation. He said Street three members of the Board had viewed the area. Brook Mr. Carroll stated the Town could always go in and restore the fence. Mr. Cataldo said restoring the fence would not solve the problem. Mr. Carroll said he was quite sure there is a 148" pipe involved there The Chairman asked if Mr. Carroll could look at the property and come up with some recommendation of what the Board can do to help Miss Ryan. Mr. Cataldo asked if the Town had an easement Mr. Carroll replied in the negative. He explained that the Town is dumping water in Hancock Avenue and Worthen Road comes down this brook The pipe in Worthen Road is 42" Mr. Legro said the Town had no problems as far as it had gone. The Chairman reported on Mr. Bradford Giddings ' meet- ing with the BoErd last week relative to his water bill in the amount of $112.19. Giddings ' Mr. Carroll stated thkt the card was left on December water bill 30 and was returned the 5th or 6th of January and in that respect, Mr. Giddings has some justification. Mr. Sheldon said that would nave affected one-third of the bill The Chairman said there have been similar situations where people have had leaks and the Board has said it had no liability. He said Mr. Giddings had a better chance to determine the loss than the Board had and it should be very careful in setting any precedent. Mr. Sheldon pointed out that in this case, the man has an argument He said he felt Mr. Giddings had a legi- timate complaint and that one day does not give him much time to get a card back Mr. Sheldon said he would agree to one third Mr. Cataldo said he did not think this bill was too far out of line for eighteen monthla. Hon motion duly made and seconded, it was voted to abate $35.00 for the final six months only because notice was too late to permit a proper response and had proper111 response been made, he would have had an opportunity to repair the leak. 387 The Chairman read a letter from Mrs Norman B. Hale, 4 Blinn Road, opp$sing closing of the dump on Sundays The Chairman reported that he had received some Dump calls and also that he had been stopped by citizens about closing the dump. He said that the Board last week did say, in fairness, it should be given a try. Mr. Carroll said he thought very definitely it should be given a fair trial. He explained that he realized when he made the recommendations, that some people would be affected and even if there had been 100 complaints, which there hasn't, that is a small number of the people in Town. He said he would go up to the dump Saturday make sure the traffic can be handled. At 8:00 P.M. , Mr. Carrig and his son, Robert, met with the Board. Mr. Carrig said he wanted to speak about the trunk sewer assessment placed on his land on Worthen Road, He stated that he had this job figured and the cost, if he did it, would be $13,000 and something. He said under the regulations he was supposed to pay 50% of the cost of this job which he understood is figured on the cost for the pant five years of all sewers put in the Town. He said this includes putting sewers in streets that are finished He said this is a piece of open land and he did not think the assessment was right and he could put it in a lot less to start with. Hessid then there was another matter . The Town took an easement of 70 x 2,000 feet through this whole pieee of land on which he expects to collect damages. He said he would be glad to swap his suit on this taking if the Board would cancel out this sewer assessment . Mr. Sheldon asked if Mr. Carrig meant to have the complete assessment cancelled or just the difference. Carrig Mr. Carroll replied cancelled completely. sewer Mr. Cataldo asked about the normal footage . and Mr. Carrig replied 50 feet Mr. Cataldo said the Town is taking twenty feet. Mr. Carrig said he has been fighting this since 1964 and close to $15,000 has been spent on plans due ti changes. Mr. Robert Carrig said even if the cost would be $13,700, he would be able to install the sewer when they wanted it and if they wanted it , but now they don't have a street. He said this development is still on paper. The State, this year, made another taking so this plan is out . The Chairman asked if Mr. Carrig was suggesting that he has a pending law suit against the Town which he would forego as a swap for an abatement. 388 Mr. Carrig replied in the affirmative and stated he has to leave this road the way it is now. The Chairman said the Board would take the matter under advisement. The Carrigs retired at $:10 P.M. Mr. Carroll explained the $19,000 betterment assess- ment and stated that he does not go back any further than 100 feet but does follow the formula he had just read and explained. The Chairman stated that, where a lawsuit is involved, the Board would discuss the subject further in Executive Session with Town Counsel The Chairman read a letter from Mr. James J. Carroll, advising that the Voting Machine Account is short $101.93, Transfer because at the time the appropriation was requested, the expense involved in truciting was overlooked Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $101.93 from the Reserve Fund to the Voting Machine Account. The Chairman read a letter from Mr. James J. Carroll, advising that the Board of Registrars ' account is short $1,400 due to the fact it will be necessary to print a Transfer new voting list for the November election because of the numerous changes and new registrations Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $1,400 from the Reserve Fund to the Board of Registrars ' Expens€s Account. John Wetmore, a teenager, met with the Board and stated he wanted to speak about the condition of the Statue on the Common. He read a letter,addressed to the Editor of the Lexington Minute-man, and stated that Minute Man the surface of the statue is discolored and gives the Statue appearance of having been neglected. He said other statues have been cleaned, and asked if the condition is such that nothing could be done. He asked if it could be pairied and suggested that it be washed to at least get the dirt and grime off. Mr. Adams explained that this statue is cast bronze and he has heard sculptors advise that it is supposed to take on a patina He said when it was painted by vandals it had to be steam cleaned which ruined the patina and he sug_ested that the Board contact someone who knows about this before any cleaning is started. Mr. Sheldon asked what department had jurisdiction over this , and Mr. Carroll replied probably his The Chairman asked Mr. Carroll to look into the matter 3 and find out what, if anything, can be done and how much it will cost Mr. Wetmore retired at 8:22 P.M. Appointment to the Board of Registrars to fill the vacancy caused by the death of Mr. Malcolm Clifford was Registrars held over. Mr. Gray was requested to discuss the subject with Mr. dames J. Carroll, Clerk to that Board. Upon motion duly made and seconded, it was voted to certify the character of Robert E. Powers, 201 Waltham Cert. of Street, who has applied to the State for a Certificate Inc. of Incorporation, satisfactory cnaracter reference having been received from the Chief of Police Upon motion duly made and seconded, it was voted to grant a Taxi Driver license to Joseph W. Miller, License 7 Amsden Street, Arlington, satisfactory character references having been received from Chief Rycroft. Upon motion duly made and seconded, it was voted to grant a Yearly Dump Permit to Mike Bozzuto, 176 AftPermit Street, Melrose. The truck will be used by Robert J. Burns, 37 Cliffe Avenue, to take his house refuse to the ' dump. Upon motion duly made and seconded, it was voted to approve the application of the Premiere Performance Use of for permission to conduct a Workshop Performance in hall Estabrook Hall on Saturday, October lu, 1964, free of charge, subject to a fee of $3.46 per hour for custodian's overtime services. Upon motion duly made and seconded, it was voted to approve the application of John Anderson of the John Anderson Designs, for permission to conduct a demonstration of Christmas decorations in CaryvHall on December 1, 1964, Use of subject to a charge of $100, plus $3.46 per hour for hall custodian's overtime services. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held Minutes September 14, 1964. Upon motion duly made and seconded, it was voted to hold a Selectmen' s Meeting on Wednesday, October 114., Meeting 1964, at 7 :30 P.M. , Monday, October 12 being a legal holiday. 39 0 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 with Mr . William Mason, Mr. Carrig 's sewer betterment assessment, matters pertaining to the Law Department, it was voted to resume the open meeting. At 10 :10 P.M. , the Planning Board met with the Selectmen. The Chairman asked what articles the Planning Board would have for the Special Town Meeting in November Mr. Meyer said his Board was talking about people talking a change of CM 1 to go into warehousing. Then Planning the so-called nursing home . The Board is planning to Board come up with an amendment to that section that would be articles in land uses restrictions. Then there is renaming of streets on Route 2. Then possibly one or more subdivisions where easements should be required. The Chairman asked if, at this moment in regard to nursing homes, the Planning Board would be coming in unanimous. Mr. Meyer replied they have to have a hearing first and the Board would allow residential areas to put in special requirements, etc. The Chairman asked if the Planning Board would have anything on Spring Street. Mr. Meyer replied in the negative and said his Board 's attitude is that it has been voted down. He said they were sure someone would bring this up again. The Chairman said the Lyon property would be brought up again; the Selectmen having been in cor_tact with them. Mr. Greeley said a good case should be prepared on this. Mr. Meyer said there may also be a parcel on Muzzey Street to change from an R 1 to a C 2 zone. Mr. Cataldo said he went over the majority report on Spring Street and could see no substantial stand for being against it especially with the financial con- ditions ahead of the Town. There are eight new school buildings and a relief sewer station in the millions, an addition to the Town Office Building, an addition to to the Public Works Building and something has to be done. Mr. Meyer said the Planning Board is redoing the land use map and redoing the population projections. The Planning retired at 10 :35 P.M 1 3 9 1 Mr. Uray read a letter from George F. McCormack, 32 Hayes Lane, requesting the Board to consider extension of a sewer main from Fletcher Avenue to his boundary line. Mr. Gray reported that Mr. McCormack saw Mr. Carroll who suggested that he petition the Board. He also saw Sewer Mr. Finneran, Executive Health Officer, who stated this houseAs about 95 ' from the sewer and has reached the limit cf what Mr. McCormack can do with the land It was agreed to have Mr. Ca, roll send out a formal petition for signatures of the abutters. Mr. Gray reported a telephone call from Mr. Bretton, Christian High School, who said the Board 's offer for the lots on Bartlett Avenue is acceptable and there will be a letter in the mail tomorrow. Mr. Gray reported that he checked with the Police Department and there are funds available in the Police Radios Department budget expenses that can be used for radios . Mr. Gray stated that in talking to Mr. Legro, he found that he has some questions about the Circle Road lots which Mr. Busa wishes to acquire . Mr. Legro would like to sit down and discuss every question with Mr. Busa and submit the matter to the Board again next week with a definite recommendation. The meeting adjourned at 10 :53 P.M. A true record, Attest Ii / - 0 Exec ve ler. Select •n Ao 1