Loading...
HomeMy WebLinkAbout1963-08-26-min 457 SELECTMEN'S MEETING August 26, 1963 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, August 26, 1963, at 7:30 P.M. Messrs . Burnell, Brown, Cataldo and Sheldon were pre- sent. Mr. Legro, Town Counsel, Mr. Grayly Executive Assistant, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present. Mr. Burnell acted as Chairman in the absence of Mr. Cole, hating been elected at a previous meeting. Miss Mary R. McDonough, Assistant TownClerk, met with the Board for the drawing of three jurors . The following individuals were drawn for jury duty: Jurors Robert S. Bernstein, 27 Sanderson Road; Emerton M. CalWert, 87 North Street; Albert W. Hanlon, Jr. , 22 Fletcher Avenue. Miss McDonough retired. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate pole, Pole, guy four guy wires and anchors on Robinson Road. wires and Mr. Stickney, representing the Boston Edison anchors Company, and Mr . Cooley, representing the New England Telephone and Telegraph Company, were the only persons present interested in the hearing. Notice of the hearing was mailed to the peti- tioners, owners of the property as listed on the peti- tioners ' plans and alsofiled with the Superintendent of Public Works. Mr. Stickney explained the petition has been pre- sented due to the reconstruction of Grove Street and Robinson Road at Route 128. He said the first item on the petition is a temporary pole while construction is going on. There will be two poles to replace this which cannot be set until the construction has been completed. The second item is relocation of the exist- ing pole where Robinson Road is being widened. Mr. Higgins, Assistant Town Engineer, had approved the proposed locations. The hearing was declared closed and upon motion duly made and seconded, it was voted to grant the peti- tion and sign the order for the following pole, guy wires and anchors on Robinson Road : 1 45$ st Robinson Road, southerly side, at Grove Street, -- Onerpole . Four guy wires and anchors Robinson Road, northerly side, approximately 545 feet east of Grove Street, -- One pole (One existing JO pole to be removed. ) At 7 :35 P.M., hearing was declared open upon petition of the Boston Edison Company for permission to locate seven poles on Concord Avenue . Mr. Stickney, representing the Boston Edison Company, and Mr. Charles Tenney, representing radio station WCOP, were the only persons present interested Pole in the hearing. location Notice of the hearing was mailed to the petitioner, owners of the property as listed on the petitioner's plans and also filed with the Superintendent of Public Works. Mr. Stickney explained that a request had been made by the Belmont Country Club to supply service to a pumping station. He stated that Mr. Tenney had questioned him before the hearing on the proposed lo- cations. Mr. Stickney requested that the Board table the petition for the time being and thereby give Mr. Tenney an opportunity to discuss the locations withthe petitioner's engineering department . Upon motion duly made and seconded, it was voted to table the petition and the hearing was declared closed at 7 :39 P.M. Messrs. Stickney, Cooley and Tenney retired. Upon motion duly made and seconded, it was voted to grant petitions and sign orders for the following V/o pole locations in Carville Avenue and Eastern Avenue : Carville Avenue, southeasterly side, at Ames Avenue, -- One pole (One existing JO pole to be removed. ) Eastern Avenue, southerly side, easterly from a point approximately 99 feet east of School Street, -- Two poles . Eastern Avenue, Northerly side, easterly from a point approximately 303 feet east of School Street, -- Six poles. 459 Mr. Legro reported that he had Contract #3, for sewer work in the Town, between the Town of Lexington and the Charles and Louis Construction Co. , Inc . , which he found to be in satisfactory form except for a typo- graphical error which he has arranged to have corrected by Whitman & Howard. Sewer Upon motion duly made and seconded, it was voted Contract #3 to sign the contract, with the understanding all copies would be retained by Mr. Legro until the correction has been made. W. John H. Devine 's letter of July 23, 1963 with reference to a sewer betterment assessment levied against so-called tennis court lot, Slocum Road, in the amount of $1,055.25, was held over. Devine 's The Chairpian stated the subject had been referred sewer to Mr. Gray and Mr. Carroll assessment Mr. Gray reported that he and Mr. Carroll had met with Mr. Devine last Thursday morning. He stated that the lot in question is a separate lot, a separate deed, and a separate piece of property that could be used for a building lot. He said Mr. Devine feels there are four parcels involved and he feels this is all one lot, but the recorded deeds are separate deeds. He stated that both he and Mr. Carroll recommend that the betterment stand as it is . Mr. Carroll stated that Mr. Devine feels the Town has treated this as one lot and assessed it as one lot for many years, but there is a plan on file that shows it as a separate lot on which Mr. Devine could build a house tomorrow if he so wished. He said he was under the impression Mr. Devine was going to submit information that the Town was incorrect in its assumption that this was a separate lot, but he did not do that. Mr. Carroll said in his opinion the betterment is valid. He said Mr. Devine may request a meeting with the Board on this. Mr. Legro said he was acquainted with Mr. Devine 's contention, but not with the title record. He said he agreed with Mr. Carroll and Mr. Gray that this is a new construction for which he believed the Town is entitled to assess a betterment . Mr. Cataldo said this has been the Town's policy for years . The Chairman said Mr. Gray should write Mr. Devine and convey this information to him. Mr. Legro said he understood Mr. Devine wants the assessment abated and is hot looking for a deferment. Mr. Gray referred to a letter, dated August 15, 1963, received from the Boston and Maine Railroad 460 and explained that the railroad is requesting the Town to purchase rock salt so that it could be transported by rail. Mr. Carroll explained that a railroad representa- tive has been in to see him, and at the time, he told B & M trans- him the salt was purchased from the lowest bidder and portation of the freight is part of the bid. He said the railroad rock salt has an agreement with one supplier. The Chairman referred the communication to Mr Carroll and suggested that he give it the proper con- sideration. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen's Meeting held on August 12. The Planning Board's letter of July 26, 1963 with reference to a conservation commission was held over, The Planning Board recommended that the Selectmen place the matter on the warrant for the next Town Meeting to Conservation see if the Town would vote to accept Section 8, Chapter !Commission 40 of the General Laws. The Chairman said Mr. Gray had submitted a report on the subject. Mr. Cataldo said he thought the establishment of a conservation commission had some merit. Mr. Sheldon said he was in favor of a commission and felt there was something to be gained by having one. Mr. Gray said he felt there is nothing to lose, but there may be something to be gained. Mr. Sheldon said this would require an article in the warrant for the Annual Town Meeting and he presumed the Planning Board would prepare the article. The Chairman said the Board should refer this back to the Planning Board. Mr. Sheldon suggested that the Planning Board be told the Selectmen are in favor and would like an article in the warrant for the spring Town Meeting. Upon motion duly made and seconded, it was voted to refer the subject to the Planning Board with the request that it draw the necessary article or articles f for the Annual Town Meeting and to advise that the Selectmen are in favor. The Chairman read a letter from Mr. Karl Nyren, Director of Cary Memorial Library, advising that he had discovered that the amount of $7,000 from the State Aid to Libraries Program was not submitted in the warrant and he cannot possibly get through 461 the year without this amount in the expense budget. He requested a transfer of $7,000. Library Mr. Gray said he discussed this with Mr. White, expenses The article passed by Town Meeting did not include transfer this $7,000. He recommended that the Board defer action and said he would have a report on the matter for next week. It was agreed that Mr. Gray would submit his report in two weeks. Upon motion duly made and seconded, it was voted to grant permission to the Five Fields Hospitality Com- Permit mittee to conduct a square dance on August 30 at the corner of Barberry and Stonewall Roads. Letter was received fromJoseph D. Augustine, Jr. , 26Melrose Avenue, asking if lots 63-66, inclusive, on Rawson and Albemarle Avenue could be purchased Tax title It was agreed to ask Mr . Augustine to submit a bid. Upon motion duly made and seconded, it was voted to sign application of Certificate of Incorporation, on behalf of Albert E. Landers, 15 Constitution Road, Cert. of Inc satisfactory character reference having been received from Chief Rycroft Upon motion duly made and seconded, it was voted to appoint Mrs. Margaret B. Toomey, 183 Woburn Street, Appointment a Police Traffic Woman for school traffic duty. Letter was received from the Board of Selectmen, West Springfield, requesting information relative to building police department headquarters and/or utiliz- ing a police buzkding to combine other facilities. The Chairman referred the letter to Mr. Gray. He said if they were planning on a single building, he imagined there is very little help the Board can give them. Mr. Sheldon suggested that they may want to inspect the Police Building. Mr. Gray is to reply. Upon motion duly made and seconded, it was voted to grant the following uses of Cary Memorial Hall: Use of Hall Cary Hall Sept. 11 & 12 Antique show and sale Lex. Choral Society Dec. 13-lk.-15 Cary Hall Upon motion duly made and seconded, it was voted 462 MC to grant the following licenses : ' Licenses M. G. Luby Public Carriage through Lexington Ray Feeley Theatre Harvey Adams Taxi Driver John Thompson Taxi Driver Application for a p :blic carriage license was received from Mr. M. G. Luby, 153 Hartwell Road, Bedford. Letter was received from Thomas E. Kneeland, Jr. , Public attorney, representing the Bedford G. I. Cab Company, Carriage stating that the company desires to go before the License Massachusetts Department of Public Utilities and request permission to operate a limousine service between Logan International Airport and Hanscom Field. The route contemplated will be from the Bedford Line beginning at Bedford Road to Massachusetts Avenue to Pleasant Street to Route 2 to the Arlington line. No stop for passengers is contemplated. There will be two runs daily, 6:00 A.M. and 6:00 P.M. Mr. Legro advised there is no question but that the Town can regulate the use of its highways by vehicles for hire. He explained that the statute specifies that no persons shall operate a vehicle for hire on ways in the Town without a license from the licensing authority even though it may not be picking up and discharging passengers . He said he thought this, to some degree, is to control competition with other common carriers. He said as he recalled it, the license must specify the routes and may specify the number of vehicles to be used. He said he was in some doubt as to whether the Board could authorize the use of Route 2. The Chairman said the license would be granted only to Route 2. Mr. Brown said it would include Massachusetts Avenue. Upon motion duly made and seconded, it was voted to grant a Public Carriage license to M. G. Luby, d.b.a. the Bedford G. I. Cab Service in the following form: LICENSE A license is hereby granted, under the provisions of Chapter 40, Section 22, of the General Laws and also under Article 20, Sections 1, 2 and 3 of the General By- Laws of the Town of Lexington, to M. G. Luby, 153 Hartwell Drive, Bedford, Massachusetts, d.b.a. the BEDFORD G.I. CAB SERVICE, to operate two vehicles for this carriage of passengers for hire upon certain ways or streets in 463 the Town of Lexington as follows : From the Bedford Line beginning at Bedford Street to Massachusetts Avenue to Pleasant Street to Route 2. Dated this twenty-sixth day of August, 1963 By order of the Board of Selectmen. /s/ Robert Cataldo Otis S. Brown, Jr. George C. Sheldon The Clerk reported that Mr. McQuillan, Chairman of the Board of Health, had inquired about a meeting Board of with the Selectmen to discuss the subject of garbage. Health It was agreed to have the Board of Health in two weeks from tonight. Mr. Carroll reported that he took bids on light- ing the Public Works garage. Only one bid was re- ceived and that was from Northeastern Sales Corpo- ration, 250 Broadway, Boston, in the amount of $2, 278. Contract He reported that the financial records and experience award records are good, and he recommended that the contract he awarded to them. Upon motion duly made and seconded, it was voted to award the contract for lighting the Public Works Building to Northeastern Sales Corporation at its bid price of $2,278. Mr. Carroll reported that the flag pole on the Common is painted every year, and this year the painter found there was some rot in the top of the first section tf the pole which was deep and extended from the top of the first mast down about twenty-seven inches . The damage is so extensive that it should be repaired immedi- ately. He said rot was also found at the bottom of the pole, but this is not an emergency condition. He reported recommendations received from Roy O.Leonard, Inc ., paint- ing contractor and steeplejack from Framingham. To repair the top section will cost $1,000 and to repair the bottom section would be an additional $880. Flag pole Mr. Carroll said he had talked with Mr. George P. Morey, Chairman of the Trustees of Public Trusts, as to what funds would be available. The amount available 464 c. in the George W. Taylor Flag Fund is $4.90.42, and the amount available in the Orin W. Fiske Battle Green Fund is $653.91. The Trustees will meet shortly and Mr. Morey feels this would be an appropriate use of the money but could not speak for the other Trustees. Mr . Carroll said he could wait a week or two, but he was very concerned about the top section. Mr. Brown asked if the figure of $1,000 included a cap. Mr. Carroll replied in the affirmative and read a communication from Mr. Leonard. Mr. Cataldo said he understood it would coat $1,000 to fix the top of the bottom section, $880 to cut the section off the bhtom and $690 to sleeve it. He asked if this was not done all at once, would it cost more. Mr. Carroll replied that it would if the pole was not out. Mr. Cataldo asked if these figures were doing it all at once, and Mr. Carroll replied in the affirm; ive. He said Mr. Leonard recommended strongly that the pole be cut . He said he would like to see the entire job done now and charge the balance to the Park appropri- ation, and if the account runs short at the end of the year, request a transfer. The Chairman suggested that Mr. Gray discuss this with the Appropriation Committee and report back to the Board next week. Mr. Cataldo suggested that the Board decide what it is going to do so that it will know exactly whbt is needed. Mr. Sheldon asked if the pole would stay together one more week. The Chairman said he thought it would be poor judgment not to have it done immediately. It was decided to follow Mr. Leonard's recommendation. Upon motion duly made and seconded, it was voted to cut the pole and to authorize Mr. Carroll to go ahead subject to the Appropriation Committee approving a transfer. A Letter is to be sent to the Trustees of Public Trusts requesting transfer of funds from the two accounts discussed by Mr. Carroll. Mr. Gray stated that the Board asked him to con- tact Mr. Richard Hamilton in regard to his bids for lots on Freemont and Asbury Streets. He said Mr. Hamilton was present and not interested in the lots under the provisions as laid out by the Planning Board. Tax title He would like to make seven lots, and the Planning Board recommended five lots. 465 Mr. Hamilton said he bid on the lots in 1959 and many times since. He also built 90% of the houses adjacent to the land. At the price these lots are offered now, it comes to $5,000 a lot and one portion of the area will not stand that price. He said the original Lexington Farm subdivision plan shows the lots across the street as being sixty feet. He said when he originally bid on the land, he figured on eight lots. The Town wants five lots, and he figured he could still leave his bid of $23,000 for seven lots if this would be acceptable to the Town. The bid is actually higher than p$23,000. Mr. Brown asked if Mr. Hamilton would be interested in a new bid. Mr. Hamilton said he would for six lots . Mr. Brown asked if he would rebid on the Planning Board 's proposal of five lots. Mr. aamilton said he would not care to but would be forced to, but the bid would not be as high as the one he has already submitted. Motion was made to reject all bids received for the purchase of tax title lots on Freemont and Asbury Streets, and ask for new bids on the basis of the Plan- ning Board's recommendation. Mr. Hamilton asked if he wanted to take the five lots whether or not he would have the right to take them at a higher bid now. Mr. Sheldon said he oould let his bid stand and agree to accept the Planning Board's restriction. Mr. Hamilton said he did not want to do that. Mr. Cataldo asked if he wanted to bid on the Planning Board 's basis and Mr. Hamilton replied in the affirmative. Mr. Legro said he thought the Board would want to take the matter under advisement. Mr. Hamilton said he had not withdrawn his bid. Mr. Legro agggested that the Board review the situation. The motion to reject all bids and ask for new bids was withdrawn. The Chairman said the Board would give the matter further study and would keep Mr. Hamilton advised of its action. Mr. Hamilton retired. Mr. Gray said the Board rejected the bids on lots 631-634 on Freemont Street and suggested that he con- tact Mrs. Cyril R. Pratt, 765 Marrett Rord, who bid on a part of the land presently under discussion. She has made an offer on this piece of property. 466 ir‘a MC wt 4.4 Mr. Gray reported that Mr. George Pisiello, Z1..8 Freemont Street, one of the bidders, said he meant ITax title to include the betterments in hib bid and it would have been high but Mr . Pisiello did not understand it . He is still interested in acquiring the lots. Mr. Legro said Mr. Hamilton made an offer to the Town back in 1959 and it was his feeling that his offer was still standing. The Board then advertised for bids andcertainbids came c me in He said if the Board Tax title gave Mr. Hamilton an opportunity to revise his bid, it was not giving everyine else an opportunity to rebid. Upon motion duly made and seconded, it was voted to reject all bids for the purchase of tax title lots on Freemont and Asbury Streets and to give everyone an opportunity to bid with the restriction that they must be based on the Planning Board's recommendation; all bids to be sealed. Mr. Gray agreed toprepare an invitation to bid. Upon motion duly made and seconded, it was voted Executive to go into Executive Session for the purpose of dis- Session cussing, deliberating or voting on a matter which, if made public, might adversely affect the public security, the financial interest of the Town or the reputation of any person. Following a discussion relative to the Scotland Road sewer, Kiln Brook, taking of a lot on Rockville Avenue, claim for damages, sewer easement on property of the Latter Day Saints, and the law department, the meeting adjourned at 9:55 P.M. A true record, Attest: -ec ve er= , Selectme.v kr t 4 t V � 1