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HomeMy WebLinkAbout1960-11-21-min 238 SELECTMEN'S MT,3TING November 21, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, November 21, 1960, at 7:30 P.M. Chairman Morey, Messrs Adams, Ferguson, Cole , and Richards were present . Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present. The Chairman read a letter from Mr Arthur E. Civil Defense Burrell, Director of Civil Defense, expressing con- Control Room cern with the lack of progress in the renovation of the Control Room in Cary Memorial Building. The Clerk was instructed to send a copy of the letter to Mr. Stevens and to advise Mr. Burrell that Town Counsel would give the subject his attention as soon as possible Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen ' s Meeting held on November 7, 1960. Upon motion duly made and seconded, it was voted to approve the minutes ofthe Selectmen' s Meeting held on November ]1}, 1960 . The subject of Busa Bros . Retail Package Goods Store license was held over from the last meeting of the Board, held on November 11., 1960 . Mr. Stevens reported that he has not heard any- thing further from Mr. Viola, attorney for Manuel 3. Aruda and Ethel Aruda . On Saturday morning, ]je re- ceived a call from a Mr. Brown, an attorney on Tremont Busa license Street, who said he was going to act for some of the people in the area and would file a Bill in Equiby en- joining the Board of Selectmen as well as the Alcoholic Beverages Commission and would seek a restraining order. Mr. Stevens told him if he would advise what happened at the hearing, the information would be relayed to the Board of Selectmen tonight. He said he did not hear from Mr. Brown but did receive a call today from Mr. Draper who told him Mr. Brown had withdrawn. Mr. Draper was then in the office of Mr. Rider, his attorney. Mr . Stevens called Mr. Rider and he said he had not been retained. He told Mr. Stevens that Mr. Draper would attend the Selectmen' s Meeting this evening to tell his story. Mr. Stevens stated that he saw Mr. Draper 239 this evening and was told by him that Mr. Brown now agreed to proceed. The Chairman reported that Mr. Aruda called and stated that his attorney had advised him not to go ahead and he said he was going to withdraw his appli- cation for a Retail Package Goods Store License . Messrs . Draper and Pierpont met with the Board. Mr. Draper said he wanted to confirm his state- ment to Mr. Stevens and reported that Mr. Brown has been engaged as their attorney. He said their argu- ment is not with the Board of Selectmen but with the unseemly action of the Alcoholic Beverages Commission in reversing its decision made on March 29. He said out of a clear sky the Commission gave the Board one notice and a week later, reversed its decision. He said the people did not realize there was not going to be a hearing. He said he wanted to state to the Board that Mr Brown has been engaged as their attorney and the necessary papers will be served both to the Selectmen and to the Alcoholic Beverages Commission. He said that, on that basis, he thought it would be jumping the gun to issue the license to anyone tonight The Chairman asked if the people were represented at the Alcoholic Beverages Commission hearing in Boston. Mr. Stevens explained people attended the hearing but were not represented by an attorney and opposed the approval of the license . The Chairman stated that the Selectmen had re- ceived a letter from the Commission stating that it .had reconsidered and reversed its decision but the attorney for the people opposing took no action today. Mr. Draper said that was correct, that it takes them a little time to find out what their legal rights are and what it is going to cost. Mr. Stevens asked when Mr. Brown said he would file court proceedings and Mr. Draper replied that it would probably be today. Mr Stevens asked when Mr. Brown agreed to do this and Mr. Draper replied this afternoon after he , Mr. Draper, talked with Mr. Stevens. Mr . Pierpont said he could not add anything to what Mr. Draper had said. The Chairman said that when the Board met a week ago, at the request of the attorney for Mr. Aruda, it deferred action on the Busa application for a week The week is up tonight and it is on the agenda tonight Mr. Draper said if the Board grants one license, there will be two and in a few years , another one . 240 0.0 He said his section of Town will be an East Somerville , and the people do not want that . He said at this point they were not arguing another Package Goods Store but are arguing the validity of the action of the Alcoholic Beverages Commission. Messrs . Draper and Pierpont retired at 7:50 P.M. Mr. Adams moved that the license granted by the Board and approved by the Alcoholic Beverages Commis- sion be released as of Wednesday unless enjoined by order of the court . Mr. Ferguson said that inasmuch as the license was granted and approved by the Commission he was in favor of releasing it and collecting the fee . Mr. Richards said he was not in favor of holding the license up pending appeals, thought it should be issued and could not see any reason for waiting twenty- four hours more . The Chairman said it seemed to her that the license could be released tomorrow andthe Busas told it is their responsibility if they want to take a chance on any court proceedings that might be instigated by the people in the area. Mr. Cole seconded Mr. Adams ' motion that the license, granted by the Board and approved by the Alcoholic Beverages Commission, be released as of Wednesday unless enjoined by order of the Court. The other three members of the Board were opposed and the motion was lost . Upon motion duly made and seconded, it was voted to release the license , issued by the Board of Selectmen and approved by the Alcoholic Beverages Commission, on Thesday, November 22, 1960. Three members of the Board voted in favor, two in opposition, and the vote was passed. Upon motion duly made and seconded, it was voted to sign a contract, approved by Mr. Stevens, with Brine Contract Tree Surgery, Inc . , for removal of trees in the amount of $1, 634.32 Upon motion duly made and second d, it was voted to Contract sign a contract with Fay, Spofford & Thorndikel Inc . for engineering services on the Study mf Refuse Collection and Disposal in the amount of $2,000 .00. The Chairman read a letter from Mr. Louis Carota, 24 Tarbell Avenue, requesting abatement of a $90 water betterment assessment levied against lots 144 and 145 Abatement Tarbell Avenue . These lots were purchased by Mr. Carota from the Town and there is a restriction in the deed running for ninety-nine years requiring the lots to be combined 241 for building purposes with lots 141, 142, and 143, owned by Mr. Carota. Upon motion duly made and seconded, it was voted to abate the water betterment assessment in the amount of $90 levied against lots 144 and 145, Tarbell Avenue , the Board having determined that the value of the water line does not better these two parcels of land . Messrs . Stevens and Carroll retired at 8:30 P.M. Mr. Toscani°, 385 Lowell Street, and Mr. Grano, 390 Lowell Street, met with the Board . Mr. Tosdanio said he moved to Lexington about five months ago when he purchased a house on Lowell Street next to the Countryside shopping center, and realized there was heavy traffic when he bought it . Complaint He said large trucks, cement mixers, steam shovels, and sand trucks all stop for coffee at the Early Bird Donut Shop. He said a curbing was installed, but it has not stopped the trucks from parking on the side of the street. He said he has called the police down on five or six occasions and all he wanted was "No Perking" signs on both sides of the street. The Chairman stated that it is unfortunate to have a neighborhood shopping center with houses right next to it and the matter could be referred to the Chief of Police to find out what he thinks about it. The Chairman explained that there is a Traffic Study Committee and this could be referred to that Committee and try to find out if something can be done from a traffic point of view. She explained that signs have to be approved by the State and un- less they are legal, they cannot be enforced. Mr. Ferguson asked if the parking bothered any- one else, and Mr. Toscani° replied that it bothers four houses, Barlo, Grano, and Perry. Mr. Grano said they block his driveway half the time but he does not bother them because they go in for coffee . Mr. Grano mentioned two Edison poles in front of his property that interfere with a drtteway he proposes to build to the rear of his store . Poles The Chairman said the Superintendent of Public Works would take a look at the poles and contact the Boston Edison. Messrs. Toscanio and Grano retired at 8:45 P.M. Messrs. Curran and Payne, Watertown Selectmen, and six other individuals, met with the Board for the purpose of obtaining information relative to the 242 losist Public Works Department setup in Lexington. Following a general discussion, the group retired at 9:40 P.M. and Mr. Stevens returned to the meeting . The questioh as to whether or not theBoard wished to have the expense of the Special Town Meeting to be held in December defrayed by MIT, the group that has an option to purchase the Maguire property on Wood Street. Expense of Upon motion duly made and seconded, it was voted 'town Meeting to accept the offer to defray the expense of the meet- ing as the only business to be presented concerns MIT. Mr. Adams wished to be recorded as not voting. Upon motion duly made and seconded, it was voted Town Meeting to sign the Warrant calling a Special Town Meeting for Monday, December 12, 1960, at 8:00 P.M. Mr. Stevens went over the motions covering the articles to be presented at the Special Town Meeting to be held Monday, November 28. He referred to A;ticle Article 6, relative to the installation of a water main from the end of the proposed new Metropolitan District Com- mission water main at about the intersection of Waltham Street and Concord Avenue to the Lexington Water stand- pipes, and said that another mrticle may be needed for the Annual Town Meeting in March. The Chairman reported that the Lexington Historical 111 Society was interested in the acquisition of the 1911 LaFrance fire truck and the question arose as to whether LaFrance or not the Society would amend the motion so that the truck truck could be purchased for 4.00. The Society also wanted to know if Mr. Carroll would have room enough at the Public Works ' barn to store it. Mr. Carroll said there would be room. Upon motion duly made and seconded, it was voted to hold the next regular meeting of the Board in the Meeting Selectmen' s Room, on Wednesday, November 30, 1960, at 7:30 P.M. Mr. Stevens referred to the so-called Cataldo parking area land and reported that he had received papers, including a release by the railroad, of rights in parcel number three . He has not had an opportunity to check it . He also received a proposed deed to the Town from the railroad which contains some provisions he does not like . Upon motion duly made and seconded, it was voted to acquire parcel 3 as shown on plan entitled "Land in 243 Lexington, Mass . Boston & Maine Railroad to Anthony R. Cataldo" dated March, 1959, J. F. Kerwin, Engineer of Design, from Anthony R. Cataldo for 410,000 and to acquire an additional narrow strip of land between the southwesterly and sou. fp 1niafAd0; of parcel 3 and the Boston and Maine) ne shown on the plan submitted by the railroad entitled "Land in Lexington, Mass . Boston and Maine Railroad to the Town of Lexington" dated July, 1960 J. F. Kerwin Assistant Chief Engineer, from the Boston & Maine Railroad for 4700.00. Upon motion duly made ani seconded, it was voted to sign an Order of Layout of Worthen Road from Massa- Layout chusetts Avenue 3370 feet, more or less, southeasterly to Waltham Street Mr. Stevens retired at 10:15 P.M. Mrs . Wills ' letter, requesting removal of a tree at 98 Hancock Street, was held over until the next Tree removal meeting of the Board. The Chairman read a letter from Ralph H. Davis, Chairman, Boston of Trustees of the Pilgrim Congre- gational Church, relative to the enclosure of a brook in a culvert for a distance of about 4001 northerly from Coolidge Avenue . Mr. Carroll said to did not think mucknmoney was involved and something could be worked out . Mr. Ferguson said the t if any work is to be done on church property, necessary releases should be obtained. Drainage It was agreed to advise Mr. Davis that an engineering check will have to be made before any definite answer is given to the questions listed in his communication. Mr. Carroll referred to the water study made by Whitman & Howard a few years ago and said there were some meetings which occurred after the water study was made and which were beyond the scope of the study. He said that Mr. Edward Howard had meetings, conferences and other studies beyond the scope of the original study that he made for the Town. From what Mr. Howard told Mr. Carroll today, he had been instructed by Yr. Gayer to continue with these various meetings, etc . , and that he would be paid for them. Mr. Carroll said that he now has a bill for $1500. Mr. Ferguson asked how long ago this happened, and Mr. Carroll replied about two and a half years. 244 cn It was agreed to have Mr. Carroll obtain an item- ized bill. Letter was received from Mr. Jtihn A. Bellizia, to- gether with plan of Pine Meadows Country Club, showing the land which he desires to purchase from the Town on behalf of Vincent N. Bellizia The subject was held over until the next meeting of the Board. The Chairman reported that skindivers, connected with Civil Defense, wanted permission to use the North Street pit and were told by the Recreation Committee that such permission should be obtained from the Board Skin Divers of Selectmen. The Board had no objection and it was suggested that they be instructed to notify the Chief of Police before using the pit. The Chairman reported that the sponsor of the family living in the MacKeen house suggested that a MacKeen reduction from $110 per month to $100 per month in property the rent would be appreciated. She stated that the man is working in Arlington for $60 a week and also has other jobs evenings and weekends. Mr. Ferguson mentioned that the tenantsare not Lexington people and as far as he knows, the present rate is fair, and that the Bo€r d did them a favor by letting them rent the house . Mr. Richards said there is no question but that the Town could get $110 per month. Upon motion duly made and seconded, it was voted to reduce the rent from $110 to $100, effective Decem- ber 1, 1960 . Mr. Carroll retired at 11:10 P.M. The Chairman read a letter from the Chamber of Commerce requesting permission to conduct a Santa Parade Claus parade , December 10 at 10:00 A.M. and also permission to park a Santamobile 30 feet long on Massachusetts Avenue beside Emery Park. Upon motion duly made and seconded, it was voted to grant permission for the parade, subject to working the details out with the Chief of Police Permission was not granted to park the Santaiobile on Massachusetts Avenue inasmuch as the Board felt the traffic congestion would be a hazard It was suggested that the group contact the Depositors * Trust for per- mission to locate it on bank property. 245 Letter was received from Mrs. Rich, Collector of Taxes, advising that she needs an additional $100 for metered mail expenses Transfer Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $100 from the Reserve Fund to the Metered Mail Expenses Account Letter was received from Mr Carl E. Bryant, ad- vising that he would accept the appointment to the Com- Committee mittee to review and revise, if necessary, the precinct boundaries. It was agreed to request the Department heads to submit budgets for 1961 on or before December 12, 1960 . Budgets Upon motion duly made and seconded, it was voted to grant the following licenses : Thomas F. Cunningham 15 Calvin Street Taxi Diver Licenses Robert M. Payne 15 Chase Avenue Taxi Driver Lexington Cab Company 11 Depot Square Add'l Cab Lexington Liquor Mart Mass. Avenue Package Goods Store Application for a Yearly Dump permit was received from Nathaniel Sage, Jr., 29 Oakland Street . Mr. Sage owns the property on Oakland Street as well as a home Permit in New Hampshire . He will maintain residence in New Hampshire until December 31 and his truck is registered there , but he would like to use it to remove rubbish from his house in Lexington. Upon motion duly made and seconded, it was voted to grant the permit . Invitation was received from the Middlesex County Selectmen' s Association to attend a dinner meeting to be held on Wednesday, December 7, at AVCO Plant in Wilming- ton. The meeting adjourned at 11:30 P.M. A true record, Attest: �y � ec tine' Cler , Sole toren I