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HomeMy WebLinkAbout1963-09-03-min 467 SELECTMEN'S MEETING September 3, 1963 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Tuesday, September 3, 1963, at 7 :30 P.M. Messrs Burnell, Brown, Cataldo and Sheldon were present Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Carroll,cSuperintendeit of Public Works, and Miss Murray, Executive Clerk, were also present. Mr. Burnell acted as Chairman in the absence of Mr. Cole, having been elected at a previous meeting. Hearing was, declared open upon petition of the New England Telephone and Telegraph Company for per- mission to locate conduits and manholes under various public ways. Mr. Robert J. Dunn, Right of Way Agent, repre- senting the petitioner, Mrs. Sanborn Brown, Mr. and Mrs. Willis cousins, 16 Parker Street, and Mr. Reynolds, representing the Lexington Arts and Crafts Society, were present. Notices of the hearing were mailed to the peti- tioner, owners of the property as listed on the peti- tioner 's plans and also filed with the Superintendent of Public Works. Mr. Dunn explained that the petition is to pro- vide carrying plant for the divergency of trunk circuits throughout the northeast section of the State.. It will also reinforce the existing conduits to provi1e more and better service to local customers. He explained that the route was taken so that Massachusetts Avenue in the Center wil not be disturbed He also explained that the conduit from Marrett hoed to the Arlington line is being reinforced to co-ordinate with the contemplated street resurfacing of that area Mrs. Sanborn Brown, representing the Pollen Church, asked how far 7,1+89 feet is. Mr. Dunn replied about a mile and a half and is from the Arlington line to Marrett Road. Mrs. Brown asked when the work would begin. Mr. Dunn replied that if approved this evening, work will start next Monday Mrs. Brown said the Pollen Church is having a Fair on Saturday, September 14, and she would not like to have this proposed work interfere. Mr. Dunn said they will never be up that far by the fourteenth, but he would make a note of it anyway. *for present and future facilities that will provide 468 me 06 C- The Chairman said the church has a parking area across the street which it will be using as well as the front lawn of the church. Mr. Dunn explained that driveways are usually get immediately or a steel plate is put on. He said he doubted very much if the work would be up that far, as they won't do a mile in six days . Mrs. Brown also mentioned access to the church and parking area during church services. Mr. Dunn assured her that anyone would be able to get in. Mrs. Brown said she would like it so people can walk from the parking lot directly across the street to the church on Sundays. Mr. Dunn also made a note of this. Mr. Cousins, 16 Parker Street, asked how the trench would affect his property. Mr. Dunn explained th.t it will be backfilled and showed him the plan. Mr. Cousins asked if the trench would be in the street, and Mr. Dunn replied that it may be in the side- walk but that it would not be on Mr. Cousins $ property. He stated that the driveway would not be blocked. Mr. Cousins asked if the manhole would be service to the cables, and Mr. Dunn replied in the affirmative. Mr. Cousins asked about landscaping after the job is completed, and Mr. Dunn stated that there will not be any change other than what is there now. Mr . Reynolds asked if the conduit was to be lo- cated in the street. Mr. Dunn replied that it is out in the middle of the street and no manholes are involved in this area. Mr. Cataldo reported that Mr. Hoxie came in at 7:15 P.M. and asked if this was just a trunk line with no services going into the houses. Mr. Dunn stated it is to provide more and better service. Mr. Bataldo said Mr. Hoxie wanted to go on record as being opposed only if it was going over his private property and wanted to be assured it would be properly resurfaced. The Chairman asked for a spew of hands of those in favor. Two raised their hands and no one opposed. The hearing was declared closed and the group retired. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the fol- lowing manhole and conduit locations : Massachusetts Avenue : Westerly side, approximately two hundred and twenty-two (222) feet northerly from Marrett Road, one (1) manhole 469 Massachusetts Avenue : From Arlington line : northwesterly, then northerly approximatelyseven thousand four hundred and eighty nine (7,49) feet of underground conduit, also five (5) manholes . Massachusetts Avenue : Approximately two hundred and fifty- six (256) feet southerly from M H 54/6 at Woburn Street one (1) manhole . Waltham Street : Southwesterly, then westerly from M H 54/73 approximately four hundred and fifty (450) feet of underground conduit Forest Street : Westerly, from Waltham Street, approxi- mately nine hundred and three (903) feet of under- ground conduit also one (1) manhole. Forest Street : From M H 54/76, southerly, approximately thirty seven (37) feet of undergi'und conduit. Clarke Street : Southwesterly, from Forest Street, approxi- mately four hundred and ninety four (494) feet of underground conduit, also one (1) manhole 54/77 Clarke Street : Northerly, from M H 54/77, approximately thirty nine (39) feet of underground conduit. Parker Street : Northerly, from Clarke Street, approxi- mately Thirteen hundred and seventy two (1372) feet of underground conduit : also two (2) man- holes . Massachusetts Avenue : Northerly, then westerly, from Parker Street, approximately one hundred and sevebty- fdpr (174) feet of underground conduit. Massachusetts Avenue : From M H 54/81 easterly, approxi- mately twenty five (25) feet of underground conduit. Massachusetts Avenue : Westerly, approximately twenty-five (25) feet of underground conduit . Mr. Legro said he had prepared a deed conveying lot 4, block 88 Reed Street to Teresa Delfino. The deed stated that the lot was conveyed subject to ease- ments, if any of record, so far as now in force and applicable, and subject also, for a period of 99 years from the date of the deed, to the restriction that, for purposes of building, said lot 4 and lots 1, 2,and 3 are to be combined into one lot, and that only one building, 470 together with customary accessory buildings, shall be erected, placed or maintained on the combined lot. Upon motion duly made and seconded, it was voted to execute the deed as presented by Mr. Legro. (Mr. Legro took the original. ) Mr. Legro stated that he received a letter from attorney Donald Sleeper in regard to property owned by Elsie Miller, 134 Burlington Street, next to Colonel Keith's property. Some time ago, the Board voted to Miller abate the sewer betterment assessment on the Keith sewer property and received from him a confirmatory deed and betterment release of damages. He explained that Mr. Sleeper's letter was directed to him because Mr Sleeper had met him in court at various times and mentioned the matter to him. The betterment assessment is $850.42, and Mr. Sleeper said the matter could be disposed of if it is abated and the Town connect the Miller property to the trunk line. Mr. Legro slid the normal procedure would be to apply to the Board of Selectmen for an abatement. The Board authorized Mr . Legro to suggest that Mr. Bleeper follow the usual procedure of applying to the Board for an abatement. Mr. Legro reported that Raytheon petitioned for an assessment of damages against the L'ommonwealth which involves a taking on Route 2 under which the Town has Raytheon a drain easement. In bringing the action, Raytheon named the Town of Lexington as an interested party He said as far as he could see, from discussing this with Mr. Carroll, the Town has no interest in the druin easement and will not be affected by it . He said he felt he did not have the authority to with- draw the Town from any action and stated this case may come up next Monday or Tuesday. Mr. Carroll said he did not see how the Town is involved because the taking was made from Raytheon's property along Route 2. The Town has drainage in Spring Street that ties into the Route 2 drainage. Mr. Cataldo said the Commonwealth has to accept the easement . Mr. Legro said the trial would take a week or ten days and he would not advise the Town sitting in on a trial of that length when, according to the Town Engineer, the Town has suffered no damages. It was agreed that Mr. Legro should appear at the call of the list and leave it to the Attorney General 's office to defend the case. Mr. Sheldon asked if the Attorney general would protect the Town's interest, and Mr. Legro replied in the negative. He said he would stay long enough to 411 find out what the expert 's appraisal is, and then leave. Mr. Carroll reported that bids on the Woodhaven Trunk Sewer will be opened October 7. Woodhaven sewer bids Mr. Carroll said he was asked to contact the State about Route 2 and Spring Street. He said the takings have not been made and he was unable to find out when they will be made. Mr. Cataldo asked if it would be of any help to contact someone in the State and advise that the Town is going ahead with a Town Meeting. Mr. Carroll replied that he did not think it would i/ makd any difference. Mr. Cataldo said the State wanted the Town to Route 2 hold up because of the difference in the value of the takings land. Mr. Carroll said he did not think the Planning Board would Done the land the State is planning to take. He said however that it might be a good idea for the Board to write the Chief Engineer and he thought just a letter of explanation would be sufficient. Mr. Carroll agreed to work with Mr. Gray in pre- paring a statement for the Chairman's signature, a copy of the letter to be sent to the members of the Board. Mr. Carroll informed the Board that he is working on the Grove Street sidewalk plans and has run into a Unusual situation. On the westerly side line of Grove Street is a distance back of the stonewall which people Grove Street may consider to be their property. There are trees sidewalk behind the stonewall and in some instances, the property line is ten feet behind these trees He stated that Clifford Birch, a Town Meeting Member, told him the people wanted to save the trees and will give the Town an easement for the sidewalk. He said he could save the trees without taking any private property but the people are going to be shocked when they see where it is proposed to construct the sidewalk He explained that he has written to all involved and invited them to attend a meeting on September 11 at 10:30 A.M. to explain the plans. Letter was received from Mr. Paul Nesbeda, 10 Blodgett Road, protesting the proposed construction of a sanitary dewer in Blodgett and Scotland Roads with an easement Blodgett Road between the two roads ing with the Board. Mr Nesbeda requested a meet- sewer 472 Mr. Carroll presented a plan and indicated the lo- cation of the easement and stated that it is proposed to take a twenty foot easement through Mr. Nesbeda 's property. He explained that it will run parallel with Mr.Nesbeda's trees and will not disturb the tennis court. He reported that Mr. Higgins had contacted Mr. Nesbeda and showed him the plan and went over the entire layout with him. He said some small shrubs would be removed from the property and he plans to have them re- planted. The large trees will be saved but some of the scrubby growth along the tennis court will have to be removed. He explained it is no more than underbrush. Mr. Carroll stated that very definitely there will be no damage to the tennis court. Mr. Sheldon asked if the Town had any agreement with Mr. Nesbeda, and Mr. Carroll replied in the nega- tive. Mr. Catsldo suggested that a list be made of the shrubs to be removed. Mr. Carroll said they are all marked on the plan and he would also make a list of them. It was agreed to invite Mr. Nesbeda to meet with the Board next Monday. Mr. Karl Myren, Director of Cary Memorial Library, met with the Board. The Chairman explained that Mr. Brown had invited Mr. Myren in to discuss the $7,000 transfer requested last week. Transfer Mr. Gray said in talking with Miss Murray and Mr. White it appeared that the Appropriation Committee in- tended to appropriate this $7,000. The motion included an item of some $3,000 additional received from dog licenses, but the $7,000 State Aid was lot included. He said he alsootalked to Mr. Noyes, Chairman of the Appropriation Committee, but he did not know how the committee would handle this. Their meeting is next Monday. He said the committee is concerned about the Reserve Fund which is now $28,000. Mr. Sheldon asked how certain it is that there will be a fall Town Meeting, and the Chairman replied that it is not certain and that the Board is waiting to hear from the Planning Board. Mr. Gray suggested that the Board request a transfer of $7,000 from the Reserve Fund. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $7,000 from the Reserve Fund to the Cary Memorial Library Expenses Account . 1 473 Mr. Nyren said unless this amount is made available, he will have to stop buying and binding books. Mr. Nyren retired at 8:25 P.M. Upon motion duly made and seconded, it was voted toant permission to Porter & Desmond to move a house 8Y' from Blossom Street to h new location on Blossomerest Permit Road, Mr. Carroll having reported that he and the Chief had been over the proposed route and he had no objection. The Chairman read a letter from Alvin Y. York, 104 Pleasant Street, offering $300 for tax title lot 7A. Tax title Mr. Gray indicated the lot on a plan and also showed the Board the location of a sewer easement . He stated the only way for Mr . York to connect to the sewer is over this parcel and said both he and Mr. Carroll recommend that the betterment be part of the cost of the lot. Mr. Cataldo said if Mr. York paid the betterment, which is $609 .58, the price of $300 is fair. Mr. Gray was instructed to talk to Mr. York and report to the board next week. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held Minutes on August 26. The Chairman read a letter from the Boston Regional Planning Project relative to home interviews for traffic studies. Mr. Gray was instructed to ask the Planning Project Director to furnish the .k'olice Department with a list of names of individuals who will be making the inter- Traffic views. study Mr. Brown suggested that Mr. Gray also ask to have a copy of the survey when it is available. Upon motion duly made and seconded, it was voted Uses of to grant the following uses of halls : halls Cary Hall Knights of Columbus April 11, 1964 Cary Hall Lex. Fire FigU rs Sept. , Oct. and Nov Estabrook Hall Bay Path Girl Scouts Sept. , Oct Mr. Carroll retired at 8 :40 P.M. Upon motion duly made and seconded, it was voted to grant the following licenses : David C. Dionne, 75A Outlook Drive Intelligence Office Robert W. Hawkins 2 Patricia Terrace Taxi Driver Brian J. Spencer 3 Stetson Street Taxi Driver William P. McKay 34 Grapevine Avenue Taxi Driver Charles F. Maguire 291 Wood Street Taxi Driver 474 .\9 3t Upon motion duly made and seconded, it was voted to appoint the following Police Officers for terms exII - piring March 31, 1964: SPECIAL POLICE COMMISSIONS Expiring March 31, 1964 Acheson, Eugene A. 2634. Massachusetts Avenue Adams, Alan G. 15 Somerset Road Allison, Howard D. 15 Utica Street Anderson, Carl 41 Ledgelawn Avenue Baker, Ramon C. 14 Stratham Road Ballou, Sidney R. 2013 Massachusetts Avenue Barrett, E1liett J. 15 Donald Street Bickford, Walter E. 82 Waltham Street Brunn, Ewart M. 40 Downing Road Butler, Lawrence M. 24 Woodland Road Cabral, Joseph E. 1.7 North Street Calhoon, Albert J. 104 Simonds Road Carroll, James J. 17 Muzzey Street Clifford, Malcolm H. 54 Chase Avenue Colbert, Edward P. 794 Massachusetts Avenue Dearborn, Horace N. 16 Stratham Road , Dearborn, Murray G. 16 Stratham Road Dooley, Henry W. 77 Baker Avenue Dreselly, Andrew 12 Patriots Drive Ericsson, E. Alden 41 Preston Road Fifield, Donald M. 25 Adams Street Finney, Charles A. 36 Albemarle Avenue Flack, Clifford F. 41 Outlook Drive Foster, George E. 10 Plainfield Street Gagne, Maurice A. 18 Middle Street Galvin, Russell P. 21 Crescent Hill Avenue Greening, Caywood _688 Marrett Road Gazan, Samuel E. 112 Bertwell Road Howie, Colin A. 14 Scotland Road Jefferson, Charles E. 8 Alcott Road Jenson, Edmund M. 46 Fern Street Johnson, Joseph S. 51 Spring Street Jones, Cecil 36 Woburn Street Josephson, Harold W. 33 Liberty Avenue 1 47a SPECIAL POLICE COMMISSIONS (CONT'D. ) Kakas, Edward G. 144 Locust Avenue Kleinberg, Edward F. 41 Moreland Avenue Lannquist, Arthur 153 Shade Street Lewis, Raymond E. 11 Hancock Street MacDonald, Charles 24 Bernard Street Maloney, William T. 289 Bedford Street MacLean, Ralph D. 9 Spring Street Merz, William F. 252 Marrett Road Moretti, Joseph A. 8 Rindge Avenue Murphy, L. Francis 5 Bennett Avenue Myatt, Robert 9 Sunnyknoll Avenue Nickerson, Benjamin 81 Gleason Road Pierpont,, Wilfred D. Jr. 4 Taft Avenue Polley, John D. 189 Wood Street Prescott, Robert 6 Forest Street Redmond, James 7 Dunham Street Reed, Haskell W. 72 Lowell Street II Reilly, John F. 43 Downing Road nicharda, Randall W. 67 Farmcrest Avenue Richardson, Earl W. 18 Winter Street Ritter, Julius C. 13 Pine Knoll Road Rogerson, William G. 19 Homestead Street Rossi, Anthony J. 2 Wheeler Road Ruocco, Louis 28 Theresa Avenue Ryan, William J. 21 Grant Place Samuels, Frank T. Jr. 31 Grassland Street Saunders, Robert W. 295 Marrett Road Sellars, John A. 430 Concord Avenue Seymour, Cyril V. 6 Paul Revere Road Shaw, James C. 24 Homestead Street Slader, Frederick 23 North Hancock Street Smith, Edward C. 55 Taft Avenue Smith, Walter C. Jr. 17 Coolidge Avenue Sorenson, Axel 7A Revere Street Turner, Gerald C. 9 Hillside Terrace Walsh, James V. 152 Bedford Street Webb, Edmund A. 43 Hayes Avenue Wilson, David L. Jr. 24 Homestead Street Wright, Glenn 67 Simonds Road II 176 Cowl Special Police Commissions (Conttd ) ' Yewell, Paul G. 6 Leland Terrace Young, Stanley R. 86 Winter Street Zittell, George S. 306 Lowell Street MASSACHUSETTS INSTITUTE OF TECHNOLOGY Joseph E. Ewers Edward T. Gallagher 12 Old Coach Road, Weston 8 Spring Lane, Maynard John A. Carroll Howard D. Ryder 4 Roberts Road, Framingham 2 Wilson Road, Lexington Robert J. Vinsec Arthur L. Goodfellow 310 Boston Post Road, Wayland 12 Edge Street, Ipswich Bertram H. Adams, Jr. John E. Barnes 127 Wyoming Avenue, Malden 26 Kenmore Road, Malden William L. Spiers, Jr. William J. Clancy 185 Lowell Street, Lexington 91 Tyngsboro Road, N. Chelmsford ITEK CORPORATION , Lieutenant Charles E. Benedict 43 Oxford Avenue, Belmont Lincoln P. Cole, Jr. Selectman Otis S. Brown, Jr. tt Levi G. Burnell Robert Cataldo " George C. Sheldon " Bernard J. Belcastro Chief Engineer, Fire Dept. John J. Carroll Suptt. of Public Works Paul Mazerall Park Department Anthony Rochette Janitor, Town Offices CARY MEMORIAL LIBRARY Karl E. Nyren 17 Charles River Terrace, Newton Highlands William F. Buckley 612 Main Street, Stoneham Peter Simoglou 25 Berkeley Street, Watertown Wesley Doak 7 Stetson Street, Lexington Edward J. McDonnell, Janitor 4E MIDDLESEX COUNTY SANATORIUM Charles W. Varney William J. DiCicco Robert F. Ingram METROPOLITAN STATE HOSPITAL Henry Brown, Jr. Application was received from David C. Dionne 75A Outlook Drive, for a license to conduct an Intelli- gence Office, to do business at P.O. Box 2L3. License It was agreed to advise Mr. Dionne that this matter will not be considered by the Board of Selectmen until he has been before the Board of Appeals. The Chairman read a letter from the Lexington Association of Independent Insurance Agents with further Insurance reference to the Town's insurance It was agreed to acknowledge receipt of the letter . Mr. Cataldo said that two months ago, the Hoard asked the Fire Commissioners for reports and the request has been ignored. Mr. Gray reported that he spoke to Mr. Fitzgerald and he said he had not understood the Selectmen also Reports wanted a copy of the minutes of the Commissioners ' Meetings, and at that time, said he would see the in- formation was submitted. The Chairman said what the Board wants is a monthly report and a copy of the minutes. Mr. Cataldo said he also wanted a report of expendi- tures. The Chairman agreed to contact Mr. Fitzgerald. The meeting adjourned at 9 :22 P.M. A true record, Attest : -s • ecu ve er Select n . - L��