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HomeMy WebLinkAbout1963-07-15-min 4k2.0 SELECTMEN'S N1 TING July 15, 1963 A regular meeting of the Board of Selectmen was held in the Selectmen ' s Room, Town Office Building, on Monday, July 15, 1963, at 7:30 P.M. Chairman Cole, Messrs. Brown, Cataldo and Sheldon were present . Mr. Legro, Town Counsel, Mr. Gray, Execut ve 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 Peacock Farm Road. Mr. Serverson, representing the Boston Edison Company, and Mr. Dunne, representing the New England Telephone and Telegraph Company, were the only persons present at the hearing. Pole Notice of the hearing was mailed to the peti- location tioners, owners of the property as listed on the peti- tioners' plans and also filed with the Superintendent of Public Works. Mr. Serverson explained that a clearance problem is involved. There is a service to the house at the corner of Compton Circle and the service wire is much too low. Mr. Carroll had no objection and the hearing was declared cloasd. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the fol- lowing Vo pole location: Peacock Farm Road, northeasterly side, approximately 47 feet southeast of Compton Circle, -- One pole Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen 's Meeting held on July 1, 1963. Report of progress was received from the Committee Report on revision of the General By-Laws, read by the Chair- man and placed on file. 421 The Chairman read a report from Mr. Irwin, Build- ing Inspector, relative to the status of the barn lo- cated on North Street and owned by Mr. Castoldi. Mr Gray was instructed to find out whether or not Mr Irwin had established a specific time for removal of the building. At 7:35 P.M. , hearing was declared open upon peti- tion of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate one pole on Blossom Street . Mr. Serverson, representing the Boston Edison Company and Mr. Dunne, representing the New England Telephone and Telegraph Company, were the only persons present at the hearing. Notice of the hearing was mailed to the peti- tioners, owners of the property as listed on the peti- tioners ' plans and also filed withthe Superintendent of Public Works . Pole Mr. Carroll had no objection to the proposed lo- location cation and ;he 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 Blossom Street, southwesterly side, approximately 74 feet southeast of Allen Street, -- One pole . (One existing j/o pole to be removed. ) Messrs. Serverson and Dunne retired at 7:40 P.M. Mr. Legro presented sewer Contract #1 with C. DiMartino & Sons, Inc . , which the Board of Selectmen Sewer voted to execute on July 1, 1963. He said he would re_ Contract #1 tain all copies until one or two minor items are clari- fied. Upon motion duly made and seconded, it was voted to sign the contract, prepared by Town Counsel, for sewer work, contract #1, with C. DiMartino & Sons, Inc . , in the amount of $147,425. Mr. Legro reported that he had discussed Mr Anthony DiRocco ' s petition before the Board of Appeals with his counsel and alsowith the Chairman of the Board of Appeals . He stated that, in his opinion, at least to the point of a few moments ago, when Mr. Conroy, attorney for Dunham Mr. DiRocco, presented a plan , Dunham Street is not a Street way or street under the definition of the Zoning By-Law 422 He said he thought it was a matter properly before the Board of Appeals and he has so discussed it with Mr. Nickerson, Chairman of that Board. The Chairman asked if Mr. Nickerson was aware of the facts, and Mr. Legro replied in the affirmative . He said they viewed the premises and not having been in on the discussions previous to the hearing, he thought they were not aware of it The Chairman asked if it was Mr. Legro ' s opinion then that this should go before the Board of Appeals . Mr. Legro replied that any matter of a denial of the Building Inspector is a subject for the Board of Appeals . He said Mr. Conroy, who was present this evening with Mr. DiRocco, presented a plan approved by Board of Survey, September 15, 1925, the fact of which would be sufficient if this was constructed according to the plan, but he said he has no evidence that it has been so he was not going to change his opinion on it. Mr. Conroy said, suppose he goes back to the Board of Appeals. Mr. Legro explained that it is not a matter that is before the Board of Selectmen except as to the accept- ance of Dunham Street. Mr . Conroy said the Board of Appeals should not have sent it to the Selectmen at all and should have made a decision either that they could grant relief or would not grant relief. He said the question may go a little deeper as whether any of the Board of Survey streets are going to be giveia building permit. Mr. Cataldo asked if the Board didn' t think there should be a joint meeting with the Planning Board, Board of Appeals and Mr. Irwin. The Chairman said there probably would have to be, Mr. Brown mentioned that each case is different. Mr. Cataldo said he thought there should be a joint meetin,, and a policy established. The Chairman stated that the Board has counsel 's opinion of what constitutes a way. Mr. Cataldo said the Board came up with a decision when these people were here before and here it is back again. Mr. Legro explained that this does not belong with the Board of Selectmen . Mr. Conroy said sending people to the Selectmen is a waste of time for everyone concerned as the Board could not issue a building permit if it wanted to . Mr. Legro explained that neither could the Board of Selectmen grant a variance. The Chairman asked if, for the moment, it would not be good to inform the Board of Appeals that in Town 423 Counsel's opinion, this is within the Board of Appeals ' jurisdiction. Mr. Legro said he would be willing to discuss this further with the Board of Appeals, but it is not the directive of any Board to establish a policy of any Board especially one governed by the statute. Mr. Cataldo said the Selectmen were not establishing policy for them. He said he was not questioning the Board of Appeals' jurisdiction, just talking about an overall problem The Chairman said it may be an overall problem, but it does come down to specific cases, each one a little different. Mr. Conroy said the Board could have an ov .rall policy and asked about this particular case Mr. Sheldon asked if the Selectmen would write the Board of Appeals a letter stating that in this Board' s opinion, this is within the Board of Appeals ' jurisdiction. The Chairman said he would write Mr. Nickerson and advise him that the subject has been discussed with Town Counsel who has advised the Board that in his opinion, Dunham Street is not a way or street under the definition of the Zoning By-Law and is a matter properly before the Board of Appeals. Messrs . Conroy and DiRocco retired at 7:50 P.M. Mr. Legro referred to a letter received by the Board from the Minute Man National Historical Park asking the Board to consider making available tax title lots 178-180 located on Massachusetts Avenue, and lots 185-189 located on Hayward Avenue He advised that it is his opinion that the Board of Selectmen has no right to conveythe land on either pro- position, without charge or for 1. 00. Tax title The Chairman said the only way would be through an article to be acted on by a Town Meeting. Mr. Legro stated that land held for taxes is under the same terms as for municipal purposes. He said the re was a Town Meeting vote on March 16, 1953, giving the Selectmen the authority to sell and convey any real estate now or hereafter acquired by the Town by taking or sale for nonpayment of taxes, the right of redemption of which has been or shall be foreclosed or dbherwis$ terminated, upon such terms and conditions as they may approve. He said he did not think this was broad enough to authorize the Selectmen to give land away or give it away for $1.00 He said he thought the Selectmen' s responsibility is to get fair value for the land. Upon motion duly made and seconded, it was voted 4114 Mi to insert an article in the warrant for the next Town Meeting for a decision by the Town Meeting Members. The Chairman reads statement of claim filed by the Massachusetts Broken Stone Company with the Town Clerk against N. Pandelena & Son, Inc. Mr. Legro explained that this is a courtesy notice to the Board of Selectmen and normally would not come to its attention. He stated it is a notice given by an unpaid subcontractor on a contract between the Town and N. Pandelena & Son. He reported that he has written to the Town Clerk and suggested that the amount of the claim be held from any funds he now holds . He said he has sent a notice of the filing of the claim to Pandalena with a copy to the insurance company, the Massachusetts Department of Public Works and Mr . John Carroll. He said there is nothing for the Town to do under the circumstances except hold funds. Mr. Carroll reported on bids he received for a compressor and tools and has looked in the equipment of the three low bidders . The low bidder was Con- tractor ' s Equipment Rental, $4,998.77. Chicago Pneu- matic Tool Co. was the second low bidder, $5,089.70, Compressor and Parker-Danner was third, $5,239.47. bid Mr. Carroll reported that in his opinion it would be to the Town' s best interest to award the contract to the second low bidder. Upon motion duly made and seconded, it was voted to accept the bid of $5,089.70 submitted by the Chicago Pneumatic Tool Company Mr. Carroll reported that he took bids today on resurfacing various streets and sidewalks and said a portion of the work would be Chapter 90. He re- Resurfacing commended that the contract be awarded to the Warren contract Bros. Upon motion duly made and seconded, it was voted to award the contract to warren Bros . Roads Company at its bid of $44,975. Mr. Carroll referred to the sewers in Scotland and Blodgett Roads, presented a plan and reported that the first six houses in from Appletree Lane wanted the sewer but people beyond that did not want the sewer . He explained two alternatives and stated that at one time he told the Board the difference in the cost between the two was low. Now the field work is being done and he finds the difference is greater He said he did feel 425 it is going to be considerably cheaper too with the sewer through Scotland Road and through an easement to service Blodgett Road. The cost of sewering through the easement is $38,000, a difference of $8,000, and he felt this difference in cost could not be disregarded He explained that Mrs. Hagedorn' s mother, Mrs. Kirlin, who lives at 8 Scotland noad, is present and does not want the sewer and the easement going through her pro- perty. Mr. Homer Hagedorn asked what the figures really meant in the terms of the number of people served. Mr. Carroll replied that one more house could be served by using the less expensive method Mr. Hagedorn said his in-laws are opposed to any easement and asked what would happen to the people on the other side of Woburn Street in the area called the Glen and asked what would happen if Scotland Road was drained over that way. Mr. Carroll said it would not be feasible, in his opinion, to sewer Scotland Road over toward the Glen as it would be going against the flow. He said he did not think this had anything to do with that and he is trying to find a way of sewering Blodgett Road. He said the people on Scotland Road wanted to put the sewer in at the same time and he could not see any better solution. He explained that betterments would be assessed against only one additional lot, his mother-in-law' s house. Mr. Hagedorn asked about surface drainage, and Mr. Carroll said there gould be no problem Mr. Hagedorn asked if the Town could guarantee that there would be no change in surface drainage, that the basements in the area would not get wet . He said the basements in the area re dry and if they get wet in years to come , it is a direct result of selecting this route Mr. Carroll said he could see no problem. Mr. Nesbitt wanted to see the layout of the ease- ment . Mr. Carroll said he knew it was going to run along the lot lines . Mr. Nesbitt said a pumping station would solve the entire area and they are being advertised for $3500. Mr. Carroll explained the proposed location of the sewer on the wall plan. Mr. Nesbitt expressed concern for his tennis court. Mr. Carroll said there would be no damage to the tennis court . Mr. Nesbitt said someone would have to pay for re- surfacing his tennis court every year Mr. Hagedorn said his purpose is to register an 4.CA!6 C- objection to the easement on behalf of the Kirlins. He asked if the Kirlins could defer connecting to the sewer if this easement goes through. Mr. Carroll replied that where there is no health menace, the Board of Health does not insist on connecting to the sewer. Mr. Hagedorn said, ausuming that the Board is going to take Mr. Carroll' s recommendation, he would like to know the method of requesting deferment of the better- ment . The Chairman explained that a deferment is not re- quested until the betterment has been assessed. The Chairman said the Board would take the matter under advisement and let Mr. Hagedorn know its decision . The Kirlins and Hagedorns retired at 8:20 P.M. Mr. Carroll said he would like a decision because bids have to be taken in August Upon motion duly made and seconded, it was voted to authorize Mr. Carroll to p roceed with the sewer con- struction in Blodgett and Scotland Roads through an easement , as he recommended. Mr. Carroll reported that a couple of months ago, the telephone company made a request to take out the pay 'phone in the Town Office Building because it is doing no business. They are realizing $7.00 a month from this booth and should average $25. He said one Telephone night Mr. Cataldo asked about installing another pay Cary Bldg booth in Cary building The District Manager of the company, Mr. Lester Coit1 said it would cost $900 to $1,000 to put a 'phone in Cary building and he felt sure the business would be less than $7.00 a month on that 'phone . Mr. Carroll and Mr Coit thought it might be possible to combine both booths into one by putting a telephone booth outside the Town Office Building. Mr. Carroll suggested the sidewalk on Massachusetts Avenue ossibly near the mail box. He explained that if the Doard does not want an outside booth, the company will leave the booth in the Town Office Building. The Board was not receptive to the suggestion of a booth outside the building on the sidewalk, but no definite action was taken. Mr. Carroll referred to the mix used on Wortaen Worthen Road Road and reported that Trimouiit Bituminous Products Co. has agreed to resurface without cost to the Town. Mr. Carroll reported that Mr. Burrell, Director of Civil Defense, asked him to look at a track at the 427 Bedford Air Base last week. He said he did look at it and it is in excellent condition and could be pur- chased for less than $100. However, today Mr. Burrell told him he was not sure he could get it . He told about an International Stake truck with 16,000 miles which is down at the Navy Yard. Because of the fact Mr. Burrell Civil Defens4 has a good Civil Defense program, the Town has an op- trucks portunity to acquire some of this equipment. He said he felt the Town could cut down on hired trucks for snow removal if it had a few more trucks of its own. He said Mr. Burrell has to know tomorrow whether or not he can purchase this one Mr Cataldo asked how much it would cost to attach a plow to the truck, and Mr. Carroll replied about $1,000 to make it ready to plow Mr. Sheldon asked where the funds would come from, and Mr. Carroll replied he has sufficient funds in the Road Machinery Account. Upon motion duly made and seconded, it was voted to purchase the International Stake truck The Chairman read a letter from John M. Devine in reference to a sewer betterment assessment levied an his tennis court lot, Slocum Road, in the amount of $1,055.25. Mr. Carroll presented a plan of the sewer which was Devine sewer to serve Mr. Craig' s property and indicated the location assessment stating a betterment was assessed against property owned by Mr. Devine. He explained that if a lot were laid out, and it could be done , it would be serviced by this sewer . He said, however, that the house on the lot is definitely not bettered Mr. Sheldon said there would be no betterments until there is a lot and asked if it were laid out on a plan. Mr. Carroll replied in the affirmative, and explained once a betterment is abated, the Town can never collect it, but could make a connection charge in lieu of better- ments. He agreed to draft a reply to Mr. Devine 's letter. The Chairman read a let,er from James H. Fitzpatrick, 6 Green Lane, complaining about a sewer betterment as- sessment of $630. Mr. Carroll presented a Ilan and stated that when the sewer was put through, he thought everyone would want to connect, but it seems no one is interested. He said Fitzpatrick most of the houses are close to Green Lane and have the Sewer septic tanks out in front so there is some cost to re- Assessment versing them. He said at the time Town Counsel said the lots were definitely bettered and that betterments could be assessed on a trunk sewer. Mrs. Fitzpatrick called last week before this letter was written and was concerned because three people had brought suit against 428 3t the Town and had settled. When Mr. Carroll advised her that she had received thesame notice of taking, she admitted it and said perhaps they should have done something about it. He said the Fitzpatricks know the legal time within which to file suit has expired and he thought they wanted something off the sewer connection or betterment. However, he warned that if this is done for one individual, all the others involved will expect the same consideration. The Chairman asked if Mr. Carroll had a recommendation, and he replied that he did not think there was anything the Board could do unless it decides to make abatements on all of them; they all received the notices. Mr. Cataldo asked how many people are involved, and Mr. Carroll replied six, in the same category as Mr. Fitzpatrick The Chairman suggested, and the Board agreed, that Mr. Fitzpatrick' s letter be acknowledged and to tell him that the Board has taken the matter uncer advisement; further consideration to be given the subject at the next meeting The Chairman read a letter from Mrs Carl Sweeney requesting permission to move a house at 42 Blossom Street to a vacant lot between 12 and 22 Bloesomcrest hoad, Permit the mover Porter & Desmond. Mr. Carroll reported that he has looked at the location and there are no problems. The house will be on Waltham Street for a very short distance. Upon motion duly made and seconded, it was voted to grant the permit subject to the usual provisions . Mr. James Green and Mr. John Rudd, representing the Stanley Hill Post of the American Legion, met with the Board. Mr. Green stated that the Post is mow working on a Lexington Agriculture Fair and the admission would be fifty cents for children under twelve, those ac- companied by parents would be admitted free. He said the location they are applying for is the enclosed high school field as first choice and Parker Field as second choice. The dates are Friday, September 13, from 6:00 P.M. until 11:00 P.M. , Saturday, September 14, from 10:00 A.M. until 11:00 P.M. , and Sunday from 1:00 P.M. until 11:00 P.M. The Chairman said the Board would have to contact the School Committee on this and he thought there would be objection on the Sunday program. Mr. Hayes, a member of the Recreation Committee, 42 was present and said that the enclosed field wculd be out he thought because the football season is approach- ing that time . He said the group wants pretty much of the Parker Field and the football practice is also held on this field. The Chairman said this is something that could work out . Mr. Hayes said as far as Parker Field is concerned, something might be worked out. Mr. Carroll said he was surd Mr. Mazerall would object to the use of the enclosed field. The Chairman said he thought the number one choice was out Mr. Hayes stated that a considerable amount of money has been spent on the diamond. Mr. Green said this area would not be included Mr. Carroll said the area across from what used to be Park Drive has been freshly seeded and should not be used. Mr. Brown asked how the program compared in size to the July 4th affair. Mr. Green said there would be three major rides and two kiddie rides and between ten and twenty booths . He also read a list of proposed activities which he gave to the Chairman. The Chairman said the Board would take the matter under advisement. Messrs Green and Rudd retired at 9:05 P.M. Mr. Hayes explained that he was representing Mr Kelly and would convey the information to him. Mr. Hayes retired. It was agreed to advise Mr. Green that no admission can be charged to the enclosed field, approval for Sun- day will not be given and more specific information must be presented particularly to the area for the proposed horse show, and to suggest that if a school site were used, possibly admission could be charged. Mr. Francis X. Morse, attorney for Alfred Iodise, met with the Board relative to Mr. Iodice 's offer of $1,000 for tax title lots 22-28, inclusive, on Marvin Street. Mr. Gray reported that the Board approved the sale of the land upon recommendations of the Planning Board and the original proposal of the bidder is dif- ferent now. He referred Mr. Morse to the Planning Board and they do not seem to have any objection. Tax title Mr. Morse presented a plan entitled Lot #1 Plan of Land in Lexington #1003 recorded July 11, 1963 Middlesex South District Registry of Deeds. He said 430 C- the deed should be drawn in the names Alfred Iodice and Lena E. Iodice, t by e. Upon motion duly made and seconded, it was voted to sell and con vey lots 22-28, inclusive, on Marvin Street to Alfred Iodice and Lena E. Iodice, t by e, for $1,000, subject to formal approval being received from the Planning board Mr. Gray read a memo pertaining to his meeting with the board of Fire Commissioners relative to the Commissioners' request for a transfer of $2,708 for the maintenance of the fire alarm system. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $2,708 from the Reserve Fund to the Fire Depart- ment Expenses Account for the Maintenance of the Fire Alarm item. Mr. Legro said the fire alarm system damage is a strange situation. It occurred on March Li., 19b2 and he received a letter dated February 5 which he read to the Board. He reported information he had obtained and said he did not think from the reports that the oston Edison Company is liable Mr. Gray referred to Mr. John Bellizia' s letter of June 19 regarding the possibility of acquiring approxi- mately thirty acres of land in the Meagherville section Tax title He reported that the Planning Board will discuss this subject at its meeting tonight and he was advised by Mr. Snow that the Town voted to acquire 90% of this land for its own use The Chairman read a letter from Gordon E. Steele, Chairman of the School Sites Committee, recommending that a record be made, wherever advisable, of the determination of the Town to purchase or take by Record of eminent domain or otherwise acquire for school, play- Town land ground, or other public purposes, all or any part of land as voted by Town Meeting. He said records should be made available so planners or prospective buyers will know in advance of major expenditures that the Town intends to acquire these parcels . Mr. Gray reported that the Committee feels that the Board of Assessors, Town Clerk, or some department, should have a record of the land the Town intends to acquire. Mr. Legro pointed out that most of the discussions on Town acquired land have been with the Planning Board and the land voted to be taken is on record with the Selectmen, Town Clerk, Planning Board and Board of Assessors 4111 When the Town Report comes out, it is also there. He said he thought from what he had seen that the Planning Board has all the records Mr. Gray agreed to check with the Planning Board and if they have a record, to so advise Mr. Steele The Chairman read a letter from the American Broad- casting Company reque-ting permission to make f_lms of the Lexington Battleground, Buckman Tavern, Munroe Tavern, Hancock-Clarke Housd and Cary Memorial Bu_lding. The Chairman suggested that the Company be asked American for more specific information and that a letter be sent Broadcasting to the Lexington Historical Society forwarding this re- request quest as it pertains to the three taverns Mr. Brown suggested that Mr. Gray handle this by telephone and to find out what the Company proposes to do. Letter was received from the Lexington Methodist Church stating that the governing body of the church voted to encourage the Selectmen to act upon the Presidentts request that every local government ap- point a bi-racial council to insure the civil rights of all its citizens . Mr. Cataldo asked if there were any actual problems that would warrant such a committee. Mr Sheldon said by appointing a committee, a situ- ation may be created where none now exists He said he was inclined to agree with Mr. Cataldo and questioned if there are any situations that call for the creation of such a committee. Mr. Legro asked if there were such problems if it was a municipal problem The Chairman said he would like to discuss the sub- ject with Mr. London Lindsay, i'astor of the Church No action was taken by the Board A request from the Lions Club for the use of the enclosed field for July 3 and 4, 1964, was referred to July 4 the Recreation Committee. Letters from the Animal Rescue League and the Massachusetts B.P.0 A. , referring to the Pound Bill, Pound Bill were received andcopies sent to the Dog Officer The Clerk was instructed to send copies to the members of the board Upon motion duly m. de and seconded, it was voted to appoint the following Election Officers for l9, 3-1964 432 mc ELECTION OFFICERS 1963 - - 1964 D Edna F. Marshall R Agnes Heimlich 110 Woburn Street 796 Massachusetts Avenue D Michael Lovezzola R Marjorie E. Wirpio 242 Waltham Street 22 Bartlett Avenue R Mary E. Clifford R Helene L. Ignico 54 Chase Avenue 18 Outlook Drive A Alice G. Marshall D John McDonough 9 Independence Avenue 54 Woburn Street R Sally S. Hooper D Randall W. Richards 282 Bedford Street 67 Farmcrest Avenue R Edna R. Anderson D Mary G. Oliver 21 Leonard Road 610 Waltham Street D Eileen J. Fradette D Elizabeth F. Downey 35 Grapevine Avenue 4 Farmcrest Avenue D Joseph 0. Rooney D Henry P.Meade 51 Grant Street 50 Percy Road R Hazel G. Nickerson R Nellie I. Batstone 19 Hillcrest Avenue 49 Bartlett Avenue D Mary J. Ferry R Ida B. Fiske 50 Downing Road 10 Spencer Street D Ann L. Ford R Florenne M. Boone 1989 Massachusetts Avenue 112 Bedford Street D Marjorie Modoono R Mary G. McCauley 285 Woburn Street 75 Spring Street D Mary A. Spellman R Ilda J. Field 24 Shirley Street 30 Chase Avenue i` 433 The Chairman read a letter from the 3245th Air Base Wing, Hanscom Field, requesting permission to place a mobile display within the center of the Town on aly 27 and August 3, to obtain donations in sup- port of the annual L. G. Hanscom Field Summer Festival Program. Mobile Upon motion duly made and seconded, it was voted display to grant the request subject to the location being determined by Chief Rycroft Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- cussing, deliberating or voting on a matter which, if Executive made public , might adversely affect the public security, Session the financial interest of the Town, or the reputation of any person . Discussion was held on settlement of a claim pre- sented by Mr. Legro, Town-owned house, employee 's sick leave and vacation and water, it was voted to resume the open meeting. The meeting adjourned at 10:35 P.M. A true record, Attest n / / 7 ExicutIve er Selectm