Loading...
HomeMy WebLinkAbout1963-06-17-min X84 , it SET,FCTMEN S METING June 17, 1963 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, June 17, 1963, at 7 30 P.M. Chairman Cole, Messrs. Brown and Catfildo were present. Mr. Gray, Executive Assistant, and Miss Murray, Executive Clerk, were also present. Mr. Kenneth P. Kelley, 49 Earl Street, met with the Board relative to tax title lots 20 and 21, Hbck 16, located at the corner of Earl and Orchard Streets. He said he could not see buying the lots with the re- striction that they be combined with property now ex- isting and owned by him to make one lot only. He said where the lots abut his land, if at some time he wanted to subdivide it for building purposes, the restriction would make it impossible. Mr. Gray stated that the Board voted to advertise Tax title that an offer for the lots had been received but Mr Kelley felt the conditions were not acceptable to him so the advertising was held up. He recalled that the Planning Board agreed that the land could be sold, but recommended that the forty-nine feet be combined with Mr. Kelley's existing lot and made into one house lot. Mr. Kelley said his frontage is seventy-five feet and he does not want these two lots to build on, but he did not want the restrictions. Mr. Cataldo asked about the lot sizes where houses are already built, and Mr. Kelley said they are fifty feet. Mr. Cataldo asked if all the lots were built on, and Mr. Kelley replied that almost every lot was. Mr. Gray explained that a good portion of this Meagher property is part of what the Town will be ac- quiring. Mr. Brown said if Mr . Kelley purchased the lots without the restriction, he would still have to obtain permission to build from the Board of Appeals. Mr. Gray doubted if the Board of Appeals would grant permission to build on a forty-nine foot lot. Mr. Kelley said he would not build on the lot the way it is, but would add it to his land. The Chairman said Mr. Kelley objected to the re- striction because without it, he would have more latitude later on. Mr. Kelley said he would leave it to his children. tt��ae ��w, e : J The Chairman asked if it would be agreeable with the Board to have Mr. Gray check with the Planning Board again. He said he would like to know the Planning Board' s reason for recommending the restriction . The matter was held over, Mr. Gray to obtain the desired information from the Planning board. Mr. Kelley retired at 7 :40 P.M. Three men met with the Board, relative to a barn on North Street, but neglected to give their names or addresses. Mr. Gray reported that the Board wrote to John W. Castoldi, Inc . on April 16, 1963, and gave him thirty days to make the building safe . He went to look at it today and nothing has been done to the building . Mr. Brown asked if those present had checked into the possibility that the barn is located on separate Castoldi barn parcels. on North Mr. Gray replied he had checked with Mr. Irwin, Street Building Inspector, and without a survey, it is his im- pression that about eight feet of it is on someone else ' s property. Mr. Brown said this creates the problem of who is responsible for removing it . One of the men said he did not see any problem when only eight feet is on one parcel. Another of the men said tj.ere are a great many holes in the floor, the front and rear of the barn and side wall are fairly gone so that small children can find their way in. He said it is possible that a small child might fall into the cellar and not be able to make itself heard. Mr. Cataldo asked if this was the building set back off the street, and the Chairman replied in the affirma- tive. Mr. Cataldo said the Board was limited in what it could do. The Chairman reported that he has discussed similar cases with Town Counsel and the way the statute reads, it has to be a danger to the public, and in this instance, it is a danger to trespassers . One of the men asked if the Carriage House was a menace to the public, and Mr. Cataldo said that was different in that it was set right on the street . The man said it was closer by degree, but to be injured, one would have to be a trespasser He said there are any- where from six to eight children who could go in The Chairman said it did not appear to him that it would take much to seal it off from the public, and Mr. Brown said it would not take much to tear it down. 386 One of the men said he lives one house away and there 11is no possibility of burning it as it is too close to a garage and there are trees also involved. He said there must be two precedents, the Carriage House and the nuisance house in Winchester. The Chairman asked if the Board would have any ob- jection to Mr. Gray getting in touch with Mr. Legro to find out what legal steps can be taken. Mr. Gray said the owner of the Carriage House tore the building down voluntarily, and it was not through legal action. Mr. Brown said the Town tried this many years ago and it was unsuccessful. The Chairman explained there is a way of appointing a committee, but they are subject to suit. Mr. Adams, an observer at the meeting, stated that those on the committee were all sued and lost. The Chairman said the Board would do whatever it can, and whatever legal steps can be taken, it will take, He said Mr. Gray would check with Mr. Legro, Town Counsel, to determine what the Town' s next legal step is . The Chairman read a letter from Mr. Legro in reference to Worthen `._pad sewer and water mains - Raymond F. boudreau. Since the conditions of the agreement entered into with Mr Boudreau have been met, he recommended that this. Town Clerk be authorized to return the bank book, assignment and with- Boudreau drawal slip to Mr. Boudreau forthwith, and that he, Mr. water & Legro, be authorized to notify the bank that the Town 's sewer interest has been satisfied Worthen Rd Upon motion duly made and seconded, it was voted to authorize Mr. James J. Carroll, Town Clerk, to return the bank book, assignment and withdrawal slip to Mr. Boudreau and to authorize Mr. Legro to notify the bank that the Town ' s interest has been satisfied. Letter was received from the School Committee rela- Development tine to the total development of the athletic fields and of athletic recreation area along Worthen Road and adjacent to the & recreation expansion of the senior high school. area, Worthen It was agreed to invite the School Committee and the Road Recreation Committee tomeet with the Board next Monday at8 00 P.M. in an effort to arrive at some final deter- mination as to the proceedings from here on. Upon motion duly made and seconded, it was voted to grant permission to the Mystic Valley Gas Company to Gas main locate a 2" welded steel gas main extension in Suzanne Road and Millbrook Road, providing the extension conforms to Mr. John Carroll's specifications. The Chairman read a letter from John F. Batter, 5 Rogers Road, in regard to acceptance of the road Rogers Road Mr. Gray was instructed to follow this through with Mr. Carroll, Superintendent of Public Works, to see what can be done. Notice was received from the MDC relative to an application received by the Commission from the Town of Weston for membership into the Metropolitan Water Dis- trict. Water Dis- The Board felt this would not affect the Town and trict that it was not necessary to be represented at the hear- ing scheduled for June 20. Notice was received from Concaissioner Jack P. Ricciardi, State Department of Public Works, of a con- ference on urban transportation planning to be held in Urban trans- Albany, N.Y. on July 1. poration The Board did not think it was in a position at the planning moment to attend, but agreed to ask that it be kept ad- vised and as the program progresses, probably participate. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meeting held Minutes on June 10. Request from the Fire Commissioners for a transfer of $2,708 was held over. Mr. Gray reported that he has been unsuccessful in Transfer arranging a meeting when all the Commissioners could attend, but as soon as possible, a meeting would be held to discuss the subject with them. Request from the Lexington Choral Society for per- mission to store certain equipment in Cary Hall on an Choral annual basis was held over. Society Mr. Gray reported that a representative from the equipment Society is going to meet with him and look over the building to see what room is available. Mr. Gray stated that the Town took some land from Cabot1 Cabot & Forbes for a dump site and there was a question of resolving damages. One possibility was an Exchange of exchange of land. Mr. Carroll is anxious to complete land with this because in a short period of time he plans to use Cabot, Cabot the site. He stated that there was an original pro- & Forbes posal to exchange a parcel of land, which he indicated on a plan, for another parcel, which he also indicated on a plan. He explained that a counter proposal was I/ 3E3E3 0, C- made by Cabot, Cabot & Forbes to add a triangular parcel 11 in the rear. He said Cabot, Cabot & Forbes is also anxious to have this settled as it will give them a site where they can locate a building. He reported that some discussion was held relative to the possibility of the Town filling in certain areas of their land and they had no objection except on land where the building might be located. He said he thought this exchange would have to be approved by Town Meeting, and if it is agreeable with the Board, Mr. Carroll will make up a new plan and present it to Mr.Legro for his action Mr. Brown said he thought this was the first time he heard any discussion about the small additional parcel, and asked if it would adversely affect the remaining land. Mr. Gray replied that it would not make any differ- ence at all. No one on the Board objected and upon motion duly made and secondad, it was voted to insert an article in the warrant for the Town Meeting to be held in the fall. Letter was received from the Planning Board with reference to tax title lots on Freemont and Asbury Streets for which an offer to purchase had been received from Mr. Milton Hodgdon. Mr. Gray stated that the Boards have received many offers over a period of years anywhere from $100 to $2300, and the Planning Board at one time was consider- ing putting a street through this area. However, it has been determined that it would not be economically feasible and that Board now has no objection to selling the lots subject to restrictions outlihed in the letter, which it felt would make a transition between larger lots and smaller lots. The Chairman said this is a counter proposal and suggested that Mr. Gray discuss it with Mr. Hodgdon to find out whether or not it is acceptable to him. Upon motion duly made and seconded, it was voted to grant permission to the Lexington Fi_a Fighters to Use of hall hold a record hop in Cary Memorial Hall on Friday, June 21, from 8:00 P.M. until 11 00 P.M. subject to a deposit of $50, rental charge of $35 and a fee of $3.00 per hour for janitor' s overtime services Upon motion duly made and seconded, it was voted Licenses to grant Taxi Driver licenses to Frank S. Wilkins and Robert J. Swajian, satisfactory character references having been received from Chief Rycroft 1 ji4 The Board gave further conside, ation to Mr Francis X. Morse's offer, on behalf of Alfred Iodice, of $1,000 for tax title lots on Marvin Street. A proposal to sell the lots was advertised in the June 6, 1963issue of the Lex- ington Minute-man. No persons contacted the Selectmen' s office as a result of the advertisement. Upon motion duly made and seconded, it was voted to accept the offer of $1,000 and to sell and convey tax title lots 22 - 28, inclusive, on Marvin Street to Mr. Alfred Iodice, Winter Street, Lexington, subject to re- strictions recommended by the Planning Board. Upon motion duly made and seconded, it was voted go into executive session for the purpose of discussing, Executive deliberating, or voting on a matter which, if made public, Session might adversely affect the public security, the financial interest of the Town, or the reputation of any person. Following discussion pertaining to water rates, Fire Department procedure and executive sessions, it was voted to resume the open meeting. At 9:07 P.M , Mr. Converse Hill, of Brewer & Lord, met with the Board. Mr. Hill asked, if the Boad pinned him down to something he could not answer, for an opportunity of getting something written out. The Chairman said the Lexington Association of Indepengent Insurance Agents, did conduct a minor survey of the own' s insurance and from a preliminary study has stated they can imwediitely save the Town $4,000 or $5,000 annually on the current policies; on Town buildings and contents, $2,849.30; on boiler insurance, at leant $399.61, on Workmen' s Compensation about $1,000, and on public liability $132. He explained that at the present time, the Association is interested in going to Part Two, which would mean they would have to be made brokers of record. He said Mr. Brown was originally a member of the group and probably knew how the savings could be made. Mr. Brown stated that he was not too involved. Mr. Hill asked the d. te of the report, and the Chairman replied May 27, 1963. He said there are cover- ages which the Board does not have by vote of the Board of Selectmen such as vandalism. Mr. Hill said the Town could not afford it . Mr. Brown said the group' s review at the moment is a review of all existing policies, and based on what is now written. He stated that a full study may involve additional lines of insurance and the savings here are only on policies now written. He said he thought, on the Fire 390 sc wt Insurance program, the method of savings is probably through SIR Mr. Hill said he always thought the Selectmen were trustees, and as such, should get the best possible market at a fair cost that they could get, and when they go into that, they do not have the best market . He said if they are shopping for price, there is nothing that can't be purchased cheaper. He said he could go to London or Rhode p Island. He said the committee does not want anything on which they won't get a commission . Mr. Brown asked if SIR is something that would not be beneficial to the Town. Mr. Hill said he did not think it could be put into a mutual. He said the Town voted to put the insurance in stock companies, and he thought the vote still stood. He said, as he recalled, it was when Mr . Philip Clark was on the Board in the late 30' s Mr. Brown said at that time, most of the mutuals were assessable. Mr. Hill said it was not a question of being assess- able; that is available to anyone. He said he never put the insurance into mutual because of that vote, and there is no secret about it, someone has it all set up to take it over. Mr. Brown asked when Mr. Hill made a complete survey for the Town, and Mr. Hill replied that they had never done it Mr. Brown asked if it were advisable, and Mr. Hill replied that the company is so close to the -Town, he knows what it doesn't want . He said the Town has never wanted to carry property damage. Mr. Brown asked if Mr.Hill thought a change should be made, and said he has seen the Town involved in property damage and wondered if it would be wise to consider property damage. The Chairman said Mr. Hill had been laboring under the thought the Town could not use mutual companies, and Mr. Hill replied in the affirmative, and said it was a vote of the Town . Mr. Cataldo asked if the savings were based on plac- ing the insurance in a mutual company, and Mr. Brown replied, the committee, yes Mr. Cataldo asked what would be the objection of placing the insurance in a mutual company and what was the Town ' s objection at that time. Mr. Hill replied they always felt the best was none too good. He asked if the Town wasn 't better off having five companies with an equal share of the large piece, up in the millions, than it would be to have it in one piece. Mr. Cataldo said his question was what is the ob- jection to placing it in a mutual company. 1 L _ 891 Mr. Hill said the stock companies make the rates and to watch out you are not paying your own dividend. He said he has an engineering department that hammers and hammers to get these rates down. He said he got the plans on the new high school worked on. Mr. Cataldo asked if Mr. Hill thought the rate would be cheaper in a stock company. Mr. Hill said if it is not engineered by someone and someone good, the tendency is to let it go. Por. Cataldo asked if Mr. Hill would do the same engi- neering with a mutual company and he replied in the nega- tive. Mr. Brown said he had good engineering service. Mr. Hill said at the present time they probably have as good an adjua,teer_ as there is in the business jiffs company got him started and helped helped him years ago. Mr. Cataldo asked if Mr. Hill would at this time, twenty-five years later, recommend that the Board go to a stock company and Mr Hill replied in the affirma- tive. Mr. Cataldo said, pay a higher premium Mr. Hill said he certainly would as the Town would know what it is buying. He asked how he was able to run a big office with engineers, 75 employees and seven partners; most of the business is with big stock companies. Mr. Brown said from a point of view of stock vs mutual with regard to casualty type of insurance, a stock company could not be beaten. When it comes to fire insurance he thought the situation was different. He said he thought the mutuals can be equally as good as the stocks can be Mr. Hill said he has seen times in the past when it was difficult to get a loss out of anyone. He said when working with millions, someone will get out a sharp pencil. Mr. Brown asked if Mr. Hill would recommend a restudy of the Town' s program, including what it does and does not insure, every five years or something of this nature . Mr. Hill said the last insurance committee to go over it was five years ago. Mr. Brown said he meant a comprehensive survey every five years. Mr. Hill replied that there is no question but that it would be a good idea Mr. Brown said it may be determined that the vote in the 30 's should be rescinded. He said a survey would take a great deal of time and the fellows involved here have offered to make this survey but don't want to unless they have some assurance that they will get some cooperation from the Town. He said the Board could not ask them to do it knowing the information would be passed on to Mr. Hill . 399 3t C- Mr. Cataldo asked, as far as the fire insurance is con- cerned, if the Board went to a mutual company, if Mr. Hill was in a position to place it, and he replied in the affirma- tive but said he prefers not to. He said he thought there should be 60/L0 control in a stock company. Mr. Cataldo asked if Mr. Hill's company was in a position to place the insurance in a mutual company and he replied in the affirmative. The Chairman asked if Mr. Hill had an engineer, and he replied in the affirmative, stating he is full time and they have five loss clerks. Mr. Hill referred to savings mentioned on the liability insurance and said this year they changed and rewrote the liability insurance, changed companies and saved $1,000. He said he was always trying to make a saving and hoped everyone appreciated it . The Chairman said the Board has the entire matter under study and Mr. Hill would hear from it. Mr. Hill retired at 9 33P.M. Decision relative to the insurance program was held over. The meeting adjourned at 9:35 P.M. A true record, Attest: Y }fik ive le F , Select