Loading...
HomeMy WebLinkAbout1963-11-13-min 560 SELECTMEN'S MEETING November 13, 1963 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Wednesday, November 13, 1963, at 7:30 P.M. Chairman Cole, Messrs. Brown, Cataldo, Burnell 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 . Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate two poles on Pole Preston Road. locations Mr. Serverson, representing the Boston Edison Com- pany, and Mr. Dunn, representing the New England Tele- phone and Telegraph Company, were present at the hearing. Notice of the hearing was mailed to the petitioners, owners of property listed on the petitioners ' plans, and also filed withthe Superintendent of Public Works . Mr. Serverson stated that the pole on the westerly side is in need of replacement and the petitioners would like to move it away from its present location closer to the lot line. No one appeared in favor or in opposition. Mr. Serverson referred to the proposed location on the northerly side and said there is a span now of about 210 feet and the wires are low. They intend to pick up the slack and locate the pole on the property line. 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 i/o pole locations : Preston Road, westerly side, opposite Nichols Road, -- One (1) pole. Preston Road, northerly side, approximately 240 feet west of Blake Road, -- One (1 ) pole. - Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Pole Telegraph Company for permission to locate one pole on location Cedar Street. 564 C Mr. Serverson, representing the Boston Edison Com- pany, and Mr. Dunn, representing the New England Tele- phone and Telegraph Company, were present at the hearing. Notice of the hearing was mailed to the petitioners, owners of property listed on the petitioners ' plan and also filed withthe Superintendent of Public Works. Mr. Serverson explained that the intention is to move the pole about eighteen feet over to the lot line for better access to a driveway. No one spoke in opposition. One individual, who did not give his name, appeared to be in favor. The hearing was declared closed Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the fol- lowing j/o pole location: Cedar Street, easterly side, approximately 500 feet north of Massachusetts Avenue, -- One (1) pole (One existing JO pole to be removed. ) Hearing was declared open upon petition of the Boston Edison Company for permission to locate one pole, guy wire and anchor on Marrett Road. Notice of the hearing was mailed to the peti- tioner, owners of the property as listed on the peti- tioners plan and also filed with the Superintendent of Public Works . Pole Mr . Serverson explained the proposed location is location on the other side of Route 128 to service a yellow flashing beacon in the middle of the dividing strip. No one spoke in favor or in opposition, and the hearing was declared closed. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the fol- lowing pole, guy wire and anchor location: Marrett Road, southerly side, approximately 930 feet east of Massachusetts Avenue, -- One (1) pole, guy wire and anchor Hearing was declared open upon petition of the Boston Edison Company for permission to locate one pole on Massachusetts Avenue Notice of the hearing was mailed to the petitioner, owners of the property as listed on the petitioner's plan and also filed with the Superintendent of Public Works . 5135 Mr. Serverson explained the proposed locatinn is for a light opposite the Fire Station No one spoke in favor or in opposition, and the hearing was declared closed. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the fol- lowing pole location Massachusetts Avenue , easterly side, opposite Locust Avenue, -- One (1) pole Messrs. Serverson and Dunn retired. Mr. Carroll reported that he received today verbal approvement from the Federal govern ment relative to awarding the contract for the Woodhaven sewer to J. D'Amico in the amount of $530,810, and he recommended that the con- tract be awarded. The Chairman asked if the award could be made before receiving a letter of approval. Woodhaven Mr. Carroll replied he has the approval and the Sewer contract has to be awarded this evening because the Contract thirty day period has expired However, the Chairman pointed out that the Board has until its next meeting, November 18, and suggested that the Board make the award subject to receipt of written approval. Upon motion duly made and seconded, it was voted to award the Woodhaven Trunk Sewer contract to J. D'Amico Incorporated in the amount of $530,810.00, subject to receipt of written approval from the Federal Government. At 7:50 P.M. , Mr. Robert Rushton met with the Board. Water - Mr. Carroll presented a plan and stated that Mr. Rushton Rushton had purchased the Cronier place approximately Marrett Street 1,000 feet off Marrett Street . There is no water, and the well has run dry. Mr. Huai-ton is rebuilding the 4t• house and the nearest water main is located on Wood Street and that is about 200 or 300 feet away from Mr. Rushton's property. Mr. Rushton has asked to connect to this main. He went to the United States Government and Mr. Carroll received a call last week and was told they would be willing to allow Mr. Rushton to connect, with the understanding that the Town would bill him for the water and would deduct the amount of his bills from the amount of the Air r'orce bills. He said this is where the matter stands now. The Chairman said there would be a meter installed between Mr. Rushton's service and the Air Force. which is 700 or 800 feet away He explained that the Air Force 8" water main comes in from Wood Street and 566 �a MC C- Mr. Rushton said he had the equipment to do all the digging, but he would have to hire the Town or someone in the business to tap the main. He said the house is old and he is plastering and bricking it. Mr. Sheldon asked if it was occupied, and Mr. Rushton replied in the negative. He said he is renting and has to have permission before the frost gets into the ground Mr. Rushton mentioned an easement for utilities and said there is a stone wall and ledge cropping up. The Government wanted to build a driveway along the wall but Mr Schumaker refused to sell He said he personally talked to him, but he refused He said he would try to connect up when the development is in there . He said he was under the impression the well was adequate, but it is not The Chairman said the Board would take the matter under advisement . Mr. Burnell asked if there wa, any objection to Mr. Rushton doing part of the work, and Mr. Carroll replied that if the Board agrees, he had no objection. Mr. Rushton said he would put in whatever the Town requires and there will be no cost to the Town. Mr. Rushton retired at 8:45 P.M. The subject was discussed further later in the evening in Executive Session i? , d A.L , . .i .Mr. and Mrs. Semonian, Lowell Street, met with the Board. Mr. Carroll reported that he had talked to Mr. Legro on the subject of Lowell Street drainage. Mr. Legro said he had no comment. Mr. Carroll said he did not think the Board had suf- ficient information at the present time to arrive at a decision. He reported that he had talked to Mr. Semonian today and told him he thought something could be worked out between him and the Town to determine the most effect- ive place to put the drain. Mr. Carroll explained that Mr. Legro and he have been so busy on other problems they have not been able to get together. The Chairman asked if Mr . Carroll was suggesting that the Board hold the subject over until he had an opportunity to discuss it with Mr.Legro. Lowell Mr. Semonian said he thought the subject would come Street up this evening in greater detail, but not knowing what drainage the details are, he would wait until further information is obtained. Mr. and Mrs. Semonian retired at 8:S3 P.M. The subject was discussed further later in the evening in Executive Session 567 Memo received from Mrs . Rose E. Steinhauser, 9 Lex- ington Avenue, relative to a street betterment assess- ment in the amount of 4762.30, was held over from the last meeting. Mr. Carroll reported that he had looked at the street and could not see anything radically wrong, but would be glad to contact Mrs. Steinhauser and see ex- actly what her problem is . It was agreed to have Mr Carroll contact Mrs . Steinhauser. The Chairman read a letter from Mr. Anthony Sperduto, 8 Diana Lane, inquiring about rates charged for con- struction of Diana Lane . Mr. Carroll said the problem here is unusual. He drew a rough sketch of Diana Lane and said that one section of Diana Lane was supposed to be the access onto Hill Street from the subdivision that Mr . McConchie built. He came in from Hill .treet and found out that the gentleman who lived in the corner house owned the fee to the center of the street and actually stopped Mr. McConchie from building on his half of the street. Mr. Carroll said this went to court and the subdivision was stopped. He explained tilat water and drainage was put in the other side of the street and the pavement was put in on that side. When it came to accepting the street, there was a pavement not wide enough. He said it was necessary to do full construction for a section of the street and partial construction for the remainder of the street This accounts for the differential in Diana Lane the assessments . He said at the time it was felt, in fairness to all the owners, some distinguishment should be made between the various property owners. The Chairman asked if Mr. Sperdutp was living there at the time, and Mr. Carroll replied in the negative. The Chairman asked if Mr. Carroll had explained this to Mr . Sperdutp, and he replied that Mr. Higgins had talked to him, but apparently he was not satisfied with Mr. Higgins ' explanation. Mr. Cataldo asked if Mr. Sperdutg purchased the house, and Mr. Brown stated the road was put in after he purchased the house. Mr. Cataldo asked if he knew the amount of work done, and Mr. Brown replied in the affirmative . Mr. Carroll said he would contact Mr. Sperdutp personally and try to explain the situation. Upon motion duly made and seconded, it was voted to execute an Agreement with the State Department of 1 568 iNn 3c C- Public Works relative to the construction of Massachu- setts Avenue under Chapter 90. Mr. Carroll had explained to the Board that in effect the agreement holds the Town's Chapter 90 al- lotment with the State Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen's Meeting held on November 4, 1963. Letter was received from the Planning Board with reference to the property at 334 Woburn Street, about which Mr. Jack Mitchell, 16 Peachtree Road, wrote to the Board. Mr. Cataldo, referring to a difference of opinions as expressed by the Building Inspector and the Planning Board, asked whose opinion the Board was going to abide by. He stated that the Building Inspector is the en- forcing officer, and, of the two, he thought the Board should abide by his decision. The Chairman said to send a copy of the Planning Board's letter to Mr. Irwin and then resolve it . Letter from the Fire Commissioners relative to medical bills was held over from the last meeting. Mr. Gray reported that one of the men is required to take treatments at the hospital periodically for a considerable period of time. The other is in a brace Fire Dept . of some type. medical Mr . Cataldo said if the Board intends to take any bills action in regard to paying the bills, a request will have to be made to have the funds transferred The Chairman said the Commissioners should request a transfer and have some idea of how much they will need for the balance of the year Mr. Gray reported that he checked with Mr. James Carroll, who handles the Blue Cross and Blue Shieli, and the Boston office advised that it does not cover the men on duty. It does cover them off duty The con- tract the Town has excludes employees injured while on duty. He said the State statute excludes police and firemen from Workmen's compensation. The Chairman said in this the Board has no choice than to have the Fire Commissioners request a transfer. Further discussion was held on the subject later in the evening. Letter was received from Mr. Norman Stolz, Brewer & Lord, in regard to packaging the Town's fire and liability insurance. Mr. Stolz urged that consideration be given 561) to placing the Town's insurance on a Replacement Cost basis at this time. Insurance Mr. Cataldo moved that the insurance be placed on a Replacement Cost basis. Mr. Brown suggested that the Board consider van- dalism and malicious mischief He said under this plan, the rate would be reduced The Chairman suggested that the Board find out how much it would cost to include vandalism and malicious mischief. He said the Board would not give Mr. Stolz a decision this evening, but would give it next week It was agreed that Mr. Gray should find out what it would cost to include this coverage. Letter was received from Mr. Norman Stolz, Brewer & Lord, at Mr. Brown's request, relative to insuring the Town's fire apparatus and placing all the Town's vehicles under the new package policy outlined in his letter of November 5, 1963 Mr. Carroll said he thought this was an excellent Insurance idea. Mr. Brown said it might be worthwhile to make the 3 Driver-Training Autos $100 which would save about $80. Upon motion duly made and seconded, it was voted to adopt the collision schedule as listed by Mr. Stolz including the fire apparatus and $100 deductible on 3 Driver-Training Autos providing there are sufficient funds in the account . The Chairman read a letter from Richard D. Gilman, 17 Rumford Road, complaining about a dog owned by Murray Herscott, 12 Rumford Road. He also read a detailed re- port of an investigation made by the Dog Officer. Complaint re Upon motion duly made and seconded it was voted Dog to hold a hearing on Monday, November 18, 1963. Letter was received from the Board of Assessors requesting a transfer of $500 from the Reserve Fund to their Personal Services ' budget to enable them to get the second group of real estate tax bills out and to Transfer transfer information from the old street card file set to the new property record cards The Chairman stated he had contacted two members of the Board during the week and forwarded a request to the Appropriation Committee for a transfer. He said he understood it will be acted on favorably. Mr Gray reported that the balance of the real estate bills should be out this week 570 AC C Upon motion. duly made and seconded,__ it was voted Cert. of Inc. to certify the character of Leon Leach, 12 Sanderson Road, who has applied to the State for a Certificate of Incorporation. The Chairman read a letter from the Board of Fire Commissioners, in reply to the Boardts letter of October 28, advising that burning permits are given Burning only to burn leaves in private yards and incinerators leaves and never to burn on the street The Commissioners recommended that the Police Department assist in the enforcement of no burning leaves in the streets . The Chairman asked Mr. Gray to contact Chief Rycroft and advise him that the Board would appreciate his co-operation in enforcement. The Chairman read a letter from Theodore Atkinson, 1351 Massachusetts Avenue, on the subject of hunting Mr. Gray reported that Mr. Brown had called him about issuing hunting permits He said November 20 is the expiration date of the existing permits and he presumed the Chief would receive requests for permits Hunting to hunt in the new season. The Chairman said home owners were being endangered whether legal or illegal, and asked what positioh the Board was going to be in if, after the 20th, permits are issued again Mr. Cataldo stated that if the Board is going to make a change, it should be made now Mr. Sheldon reported he had received a call from a man who did not apply early enough Then he wanted a permit for the balance of the time. Had he applied earlier, he would hive been in a better position. He said those individuals who applied earlier and were granted permits, can hunt. Mr.Burnell reported that he was approached by a fellow who was most concerned, but ik not a resident of Lexington. Mr. Sheldon said the man to whom he referred was penalized because he had not applied earlier . Mr. Cataldo said there are many individuals in the same situation. Mr. Brown said he was in sympathy with the local people and understood that about 200 permits were given out by the Chief and of that number, only about 20 were given to local people. He said these people would like to put on a campaign to close the Town to all hunters who are not local people. He said before 571 the Board restricts it so no one can hunt, he would rather see it opened until this group has an opportunity to consider the subject. He said he would be in favor of issuing permits for the extended period. The Chairman said he was in sympathy with the local hunters Mr. Cataldo pointed out that these hunters are not the problem. The Chairman said the problem is enforcement, people hunting illegally Mr. Cataldo said if the Town had a police force that was up to full capacity and had the men to enforce these things, he could see it . Mr Brown said there are patrol cars in Town and hunting is done in daylight hours. If some of the property owners called, the police could get them out of the woods and into the car. Mr. Brown asked if the Town could be closed to all hunters. Mr. Legro advised that the Board has the power under the Town By-Law. He said the Board has the right to deny permits where the public safety is endangered. He also explained that the permits specify the area in which the hunter can hunt. He said if the area is dangerous, the Chief or the Selectmen should not issue the permit. He said he would have some doubt as to whether prior permis- sion of the owner being required and hunting being other- wise lawful, the Board could prevent the owner from so using his property The Chairman said if it is the Board 's opinion that it is dangerous, it not only has the right but should exercise it . Mr. Legro said he should think the Board would get co-operation from the property owners . The Chairman said the Board did not have to act this evening. Mr. Cataldo repeated, that if the Board intends to make a change, it should be made now. Motion was made to instruct the Chief of Police to again issue permits for the extended hunting season. The motion was not seconded, and therefore lost. Mr. Cataldo expressed concern over the possibility of some child being hurt The Chairman asked Mr. Grey if this was something he could work out Mr. Gray replied that he could find out who owns the land in the Woodhaven area, but he did not think the property owners could be persuaded C Mr. Legro asked why the Board was interested in pre- venting hunting on this property Mr. Sheldon replied that houses in the area are being hit by bird shot . Mr. Legro asked if it wasn't then a question of being dangerous. Mr. Sheldon replied in the affirmative. Mr. Legro said he, therefore, could not see the problem. He said each permit stands on its own merits, and no permit should be given to hunt where it is dangerous The Chairman said the Board could instruct the Chief not to issue permits in the areas where it is dangerous. Mr. Sheldon said if the Board feels certain areas are dangerous, it could deny a hunting permit regardless of the owners. Mr. Brown moved that the Board notify Chief Rycroft to again issue huntirg permits for the extended hunting season in those areas not determined to be dangerous The motion was not seconded, and was, therefore, lost. Invitation was received from the Knights of Columbus Invitation to attend the Council 's 70th Anniversary Dinner on April 11, 1964. Upon motion duly made and seconded, it was voted License to grant, subject to the approval of the Alcoholic Beverages Control Commission, a Package Goods Store license to Berman's Market, Inc . , 55 Massachusetts Avenue. At 8:45 P.M. , Messrs. Oppenheim and Michelson, re- presenting the Retail Division of the Chamber of Commerce, met with the Board. The Chairman read a letter signed by Mr. Michelson C of C requeting permission to have a Santa Claus arrive by Christmas helicopter at the enclosed field on December 1; a Santa requests Claus parade on December 1; loud speakers broadcasting Christmas music during business hours from December 2 through the 24th; hold a drawing for prizes, to be drawn at the intersection of Waltham Street and Massachusetts Avenue each Wednesday and Saturday evening from December 4 through the 21st. Upon motion duly made and seconded, it was voted to grant the requests Messrs. Oppenheim and Michelson retired at 8:55 P.M. Mr. Gray referred to the insurance matter discussed earlier in theevening relative to the Fire Department and reported that he called Mr. Stolz and asked if he could submit a quotation for covering the police and firemen. He quoted figures, submitted by Mr . Stolz, of what it would 5e ' cost to cover all members of the Fire Department and all members of the Police Department while on duty. The two plans presented would involve for Plan #1, $9,212.25; and for Plan #2, $7,778.65. He said there may be other plans and he would like to look into this further . He said the fact that employees have sick leave should also be considered, as he was more cone.-rned about the medical end of this . Mr. Cataldo said that the Fire Department and the Police Department are the two departments with the greatest risk and he would like to have a quotation from an independent organization on covering the entire Town and questioned the advisability of remaining with Blue Cross and Blue Shield if the Police and Fire groups are not covered. The Chairman said at the present time, the life insurance is furnished by the Savings Bank and the hospital insurance is furnished by Blue Cross. Mr. Sheldon said a study should be made. Mr. Gray said that possibly within a month or six weeks, he could get proposals from some reputable com- panies. The Chairman said Blue Cross and Blue Shield should know about this . Mr. Gray explained that Blue Cross and Blue Shield will not cover the Police and Fire while they are on duty Mr. Legro reported thtt this has been a problem in a great many cities and towns and is one which should be resolved with Blue Cross and Blue Shield. They have avoided this on the grounds that towns and cities are authorized to reimburse police and firemen on vote of the Board of Selectmen. He said he thought the Board should do its share toward getting what is right . The Chairman said Mr Gray should follow this through and if he needs legal opinions, to contact Mr. Legro. Mr. Brown stated that during the past week, he received two or three complaints about the traffic problems on Worthen Road which probably should be Worthen Road considered by the Traffic Study Committee. He said lighting the question has come up as to whether or not there and side- should be a sidewalk and some lighting. walks Mr. Carroll stated he received an estimate from the Boston Edison Company for streetlighting, but it was very high because there are no poles in there. He said as soon as business goes in there, he thought there should be street lighting, and he recommended mercury vapor. He also said he thought it was an excellent suggestion to have a sidewalk installed. 574 r C- He thought he had sufficient funds, but it is a little late . Mr. Brown pointed out that many children use Worthen Road going to Hayden Recreation Mr. Burnell said there should be sidewalks on both sides of every major street . Mr. Carroll said the construction of a sidewalk this year or next year would be expensive because of the layout . He said he would not want to have a sidewalk without a grass plot . Mr. Burnell said if there are funds remaining in the budget , they should be used to construct a side- walk on the east side of School Street as the PTA was promised this would be done. Mr. Cataldo asked what it would cost to put the lighting on Worthen Road underground in comparison to overhead Mr. Carroll explained that this would involve under- ground services to the buildings, and cited as an example the Grace Chapel which would have to pay for the service which can be very expensive. However, if the Board is going to have underground lighting, it should be done at this time. He agreed to obtain more definite information and said he thought the installation of sidewalks should be postponed until next spring. Mr . Brown brought up the subject of peat in the sani- tary fill dump site and asked if Mr. Carroll had an esti- mate of what it would cost to remove the peat; what the Town would have in a stock pile, and what the Town would get for it . = Mr. Carroll replied that it is difficult to come up with numbers. He said first , the area under discussion is fairly heavily wooded, and peat from a heavily wooded area is not good. There are many trees which have to be stripped, all the roots removed before reaching peat that is worth anything. He said he did not think there is peat here worth salvaging. He said if he were wrong, then there is the problem of getting the peat out . It has to be excavated and it is under water . It comes out soupy and can't be loaded on the truck. It then has to be stocked and dried out . He said if the Town can get good peat from any place, it should, but the mechanics of doing this are not simple. He assured the Board that he has not rejected the idea and has an open mind. He also re- ported that in talking to Mr. Wheeler, of Cabot, Cabot & Forbes, he asked him what he thought about removing the peat, and Mr. Wheeler said he could not see any need for taking it out, and that it would not do any harm to the future development of the area. He also asked Mr. 55 Wheeler if, in the development of the area, special building sites should be selected and no rubbish dumped. Mr. Wheeler said that was completely out of the question because ten years from now, one company may come in and build ten buZdings instead of three. Mr. Carroll asked him if he thought what the Town was doing was a good idea, and Mr. Wheeler said as much as he is opposed, because he has to sell property across the street, he thought it was an excellent idea. Mr . Carroll said it would be an expensive operation to remove the pest . Mr . Cataldo said the tree roots could be removed with a clam shell . Mr. Carroll said the Town is trying to find out if it can save money by taking out the peat and his opinion is that it will not work, plus the fact there will be so much money spent, unless there is twenty feet below, it will not be economical. He said the whole area should be filled somewhere around five or six feet above the existing area. Mr. Cataldo asked if he would come tothe same grade if four feet of peat was taken out, and Mr. Carroll re- plied in the affirmative . He said because of the expense of removing the peat in the first place, it would be six of one and half a dozen of another . He said his own opinion is that it will not be economical to take the peat out. He explained that he is taking peat out of every area he can and has a good stock pile. The Chairman said some membm of the Board have a feeling in regard to excavating/peat, and asked Mr. Carroll to pursue the matter Upon motion duLy made and seconded, it was voted to go into Executive session for thepurpose 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 The meeting adjourned at 10:40 P.M. A true record, Attest : Exec ive jCler , Select n 1