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HomeMy WebLinkAbout1960-08-22-min 103 SETE C TMEN I S MEETING August 22, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, August 22, 1960, at 7:30 P.M. Chairman Morey, Gardner C . Ferguson and Norman J. Richards were present . Mr. John J. Car °oll, Superintendent of Public Works, and the Acting Clerk were also present . At 7:30 P.M. , Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of three Jurors . The following individuals were drawn for jury duty: Jurors William H. Balsor, 40 Winthrop Road, Irving Goldstein, 31 Peacock Farm Road and Arthur J. Pennell, 6 Upland Road. Mr. Carroll retired. At 7:35 P.M. , hearing was declared open upon the petition of the Boston Edison Company for permission to locate one pole on Muzzey Street, northwesterly side, approximately 10 feet southwest of Massachusetts Avenue Mr. Mahon, representing the Boston Edison Company and Mr. Consilvio, representing the New England Telephone and Telegraph Company, were the only persons present . No one appeared in favor or in opposition. Mr. Mahon reported that a few weeks ago he had re- ported on this particular pole, which is a Town-owned pole and carries a pplice spotlight at the present time . The company would like to take this pole and replace it with one of their own, put a street light on it and will Pole 10- still maintain the spotlight. cation Mr. Richards asked if the location of the pole with the street light would interfere with the spotlight, and Mr. Mahon replied in the negative . Mr. Mahon said they would be very glad to work with Mr. Carroll and deliver the pole to whatever location he wished and see that it is done according to his specifications . The 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 pole location: Muzzey Street, northwesterly side, approxi- mately 10 feet southwest of Massachu- setts Avenue , -- One (1) pole . 104 N Jim CJ Hearing was declared open upon petition of the Boston Edison Company for a manhole , conduit and cable on Westview Street at Maguire Road. Mr. Mahon stated that after a brief discussion with Mr. Carroll who has something he would like changed which will make a slight difference, the company would like to make certain changes and resubmit this petition. The Board had no objection. Upon motion duly made and seconded, it was voted to withdraw the following petition: Westview Street, at Maguire Road a distance Manhole , of about 15 feet, - Manhole conduit & Westview Street, at Maguire Road, a distance cable of about 20 feet, Conduit, and armored buried cable . Maguire Road, southerly from Westview Street , a distance of about 90 feet, Conduit and armored buried cable . Hearing was declared open at 7:45 P.M. on the peti- tion .of theBoston Edison Company and the New England Telephone and Telegraph Company for permission to lo- cate four poles on Maguire Road, northeasterly side , southeasterly from a point approximately 310' south- Pole lo- east of Lexington-Bedford Town Line, guy wire and anchor cations on the 2nd and 4th pole . 111 Mr. Mahon, representing the Boston Edison Company and Mr . Frank Consilvio, representing the New England Telephone and Telegraph Company, were the only persons present. No one appeared in favor or in opposition. Mr. Mahon reported that those are four proposed poles which are to be used for dial phone use , but the Boston Edison Company may share in the requisition of the poles as they will be in a position to run a street circuit . Mr. Richards asked if these poles were all in front of Itek, and Mr. Mahon replied in the affirmative . The Chairman stated that this concluded the pole &earings. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the fol- lowing j/o pole locations: Maguire Road, northeasterly side, south- easterly from a point approximately 310 ' southeast of Lexington-Bedford Line , -- Four (4) pies . Guy wire and anchor on the 2nd and 4th poles. 1. 5 The question was asked what happened to the power line for the Grove Street School, and Mr. Mahon replied that there is a plan under way, but it is still in the planning stage , nothing definite has been decided as yet, but he will be very glad to 1st the Board know. Mr. Mahon and Mr. Consilvio retired at 8:145 P.M. Mr. Carroll reported on the Millyan property on Massachusetts Avenue . The porch on the front and side is in very bad shape and should be repaired or torn down. The tenants would like only the left side taken down, but Mr. Carroll feels it is dangerous as it is . Millyan The Chairman stated that once you start totear property the porch, there will be a lot of other things to do. That side is very bleak, but there is no sense in fix- ing it to its original condition. The house is in need of paint and the floor is really dangerous. Mr. Richards stated that the Town is not responsible if anyone is hurt. Mr. Carroll said the Town had done a lot of repair work in the past few years. Mr. Richards said he felt they should do as little as possible . If the house is going to be moved, it shoal be maintained structurally. To decorate is another matter. Mr. Carroll reported on the MacKeen property. This house has eight rooms, six of which are finished rooms . There is one completely unfinished room. The house is in very bad shape . The big drawback is the heat, which is hot air, with coal, and only one register in the house in the livingroom. He asked Mr. Berglund about renting MacKeen it, and he said the Town could probably get $100 to property $110 per month. If oil heat were installed, it would cost no more than $300, and possibly it would rent for $125 per month. Mr. Carroll said this would amortize the payment to them and return the money lost in taxes. He felt it would be worthwhile to install the oil heat Mr. Richards asked if the same boiler could be used for the oil, and Mr. Carroll replied in the af- firmative . The Chairman said Mr. MacKeen had a fan beside the register to direct the heat. She stated that the Board had received a letter from Mrs. J. Meadows, 536 Massachusetts Avenue, relative to renting the house, and suggested that Mr. Carroll find out what she would pay and leave it heated with coal if it seemed reasonable . However, most people prefer oil . Mr. Richards said to tell her $110 a month with coal, and if they installed oil heat, to charge $125. 106 -1.4 ' Mt,. Ferguson suggested that the Town not bother to put in oil. Mr. Carroll said that they would try to rent it as it is , with coal, and if by October, they have been unsuccessful, they could give it to a Real Estate sealer. The Chairman referred back to the Millyan pro- Millyan perty. She suggested to maintain it structurally, property fix it as little as possible . The tenants do absolutely nothing to keep the place in order. This was approved. Petition was received from residents -and land- Sewer owners of Bridge and Sunnyfield Streets for the in- Bridge & stallation of a sewer. Sunnyfield St. Mr. Carroll said it could not be installed for at least three years. That area will be an extension of the Minute Man Highlands sewer, and that will not be for some time . He reported that there is no sewer in Allen Street. Mr. Carroll was requested to write them and ex- plain the situation to them. The Chairman read a letter from Mrs . J. Meadows, 536 Massachusetts Avenue , relative torenting the MacKeen MacKeen property at 572 Massachusetts Avenue , which 111 property has been taken by the Town. Mr. Richards suggested that Mr. Carroll talk to her The Chairman read a report from Donald K. Irwin, Building Inspector, relative to the complaint received Report with the use of the dwelling at 6 Raymond Street. It was suggested that Mr. Irwin be thanked for his report and asked for a follow-up report for the September 6, 1960 meeting of the Board of Selectmen. The Chairman read a letter from the Mystic Valley Gas Company requesting permission to install a 4 inch welded steel high pressure gas main in Fern Street. Gas Main The Chairman asked if this would upset Fern Fern Street Street while it was being put in, also how far it was going, as this street she felt must be kept open as it is a large area to have only one access. Mr. Carroll replied that he planned to cooperate with them, have a Police Officer there and traffic would move slowly. The Chairman asked if gas should go it, and Mr. Richards replied that it is a public service, a utility 107 M1' ' Mr. Carroll stated that the Town has to allow them to do it, they have a right to put a utility in, and it is a good time of year. Upon motion duly made and seconded, it was voted to grant permission to the Mystic Valley Gas Company to install a 4 inch welded steel high pressure gas main in Fern Street, all to conform to Mr. Carroll' s speci- fications The Chairman read a letter from Sears, Roebuck and Company, with regard to parking a trailer on September 22, 23 and 2t , in the parking lot in the rear of their store on Massachusetts Avenue . She said it would take at least four parking spaces to conduct a sale . She suggested that they park their trailer by their loading platform; also to find out if they are parking for the purpose of unloading or for the purpose of sales, which the Board does not condone . Mr. Ferguson asked if it was necessary to give them permission to use the parking area for a salesroom. He also did not approve of giving them permission to park a trailer on Town property; on their own property they could. The Chairman took the letter and will investigate . Mr. Carroll left the meeting at 8:20 P.M. Mr. and Mrs. George Libby 33 Ridge Street, Arling- ton, came into the meeting at 8:20 P.M. Mrs. Libby stated that they were registering a com- plaint against Officers Buse and Costello of the Lexing- ton Police Department for their attitude and also a hostile manner on the part of the Chief of Police . Their son had been involved in an accident at the corner of Complaint Waltham Street and Marrett Road, for which his license was suspended Recently in another incident with the same Police Officers, he was accused of using profanity. After a very length account of the accident and the charge of faulty equipment in the second incident, Mr. and Mrs. Libby retired at 9:20 P.M. The Board decided to confer with Chief Rycroft as to the final disposition of the case At 9:20 P.M. , the Policy Committee, Mr. John J. Carroll, Mr. Cornelius Cronin and Mr. Edward A. Palmer, met with the Board relatige to the Vacationand Sick Leave Report . Policy Com- Mr. Adams arrived at the meeting at 10:25 P.M. mittee After discussing amendments and additions to the report for an hour and a half, it was decided that 108 0.6 011 ra the Committee would make the necessary corrections and resubmit the report to the Board for its approval. Mr. Stevens had prepared an Order of Taking on Burlington Street for the Board' s signatures . Mr. Richards read a letter, which he had received Burlington from Laierne E. Woods, 21 Burlington Street, setting Street forth the following recommendations to preserve , as Sidewalk much as possible , the quality of the neighborhood. 1. That a change order be initiated immediately with the contractor to revise the width of the Burlington Street sidewalk from five to three feet, and that the extra two feet either be reallocated to the home owners or that they be devoted to a grass strip between the street and sidewalk . Given the situation we are now faced with, these two feet have a significance out of all proportion to the physical width they represent. A five foot sidewalk immedi- ately abutting the street announces in bold letters that this is a crowded neighborhood in process of decline ; a three-foot walk with a grass strip between the street powerfully connotes to an extent not fully appreciated that here is a quiet suburban neighborhood. 2. That a second change order be initiated with the contractor cancelling the construction of the stretch of walk before 9, 17 and 21 Burlington Street . If at the time of the widening of the street itself, such a side- walk has beaneh +wh. to bd. necessary, then thin etratch of walk can be constructed at a greatly reduced cost since its construction will be done concurrently with the widening of the street . Mr. Richards feels the Town will be involved in litigation. Mr Adams stated that the people knew what the plans were , and at the hearing, didn' t have any questions Mr. Carroll stated that Mr. Woods is unreasonable . His big argument is that he doesn' t feel the sidewalk should be built there . He asked why the taking couldn't be equally divided between both sides of the street . j Walls would have to be built but that was no concern of his. Mr. Carroll stated that there is no other way to lay out the street . 109 Mr. Richards stated that the widening of Burlington Street is necessary and asked if there wasn' t sons realistic note in taking into account what could be done to satisfy the people . He also said if Mr . Darden is losing a sub- stantial amount in this taking, he is getting paid for it . Mr. Carroll said if he could give Mr. Darden a couple of f , he would . He said the Town can get a 2L.' pave- r ent7j sidewalk without getting into walls. By Mr. Darden' s house, they have a couple of extra feet, but couldn' t go any further to the left facing Grove Street than the edge of the pavement as it now exists . The Chairmaistated that as far as far as Ives / matter of settlement of land is concerned, it is being held up until Burlington Street deal was through. Mr. Ferguson said he would prefer to wait until it has been studied with the Engineering. Upon motion duly made and seconded, it was voted to sign the Order of Taking on Burlington Street in fhe following form: Mr. Richards was opposed. COMMONWEALTH OF MASSACHUSETTS Middlesex, ss Town of Lexington At a meeting of the Board of Selectmen of the Town of Lexington held on the 22nd day of August, 1960, it is ORDERED: Whereas at a Town Meeting duly called, warned and held on March 7, 1960, namely at an adjourned session thereof held on March 28, 1960, it was duly "VOTED: To accept the alteration and relocation as a town way of Burlington Street from Hancock Street 2150 feet, more or less, northerly to Grove Street as altered and relocated by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated Janua' y 12, 1960, and to authorize the Select- men to take by eminent domain, purchase or otherwise acquire any fee, easement, or other interest in land necessary therefor ; and to raise and appropriate for land acquisition and construction the sum of $500.00.", and WHEREAS the Selectmen have determined that it is necessary in the construction of said Burlington Street, a public way in said Lexington, to acquire slope easements in certain land abut- ting on said way that is hereinafter described. NOW, THEREFORE, we, the undersigned, being a majority of the Board of Selectmen of said Town of Lexington, duly elected and qualified and acting as such, do hereby ander and by virtue of 110 y raP.m g the provisions of Chapter 79 and of Section 32B of Chapter 82 of u G of the General Laws, and all acts in amendment thereof and in addition thereto, and of any and every other power and authority us hereto in any way enabling, take in the name and on behalf of said Town of Lexington the perpetual rights and easements to enter upon, remove, deposit, slope , bank and maintain upon the parcels of land hereinafter described situated on Burlington Street in Lexington whatever material, filling or support may be deemed necessary for theconstruction and maintenance of said Burlington Street ; said parcels of land being situated and abutting on the easterly side line of Burlington Street in said Lexington (as altered and relocated and by order of the Board of Selectmen, dated April 11, 1960, recorded in Middlesex South District Deeds, Book 9583, Page 367) , and bounded and described as follows: Parcel 1. A strip of land commencing at Hancock Street, at land of the Town of Lexington, and ex- tending through lots Cl, B and A, as indicated on plan hereinafter mentioned, to land of the Town of Lexington, said strip varying in width from a - minimum of three (3)feet, more or less, to a maxi- mum of nine (9) feet, more or less, all as shown and marked "Slope Easement" on plan entitled "Plan of Slope Easements In Burlington Street Lexington, Mess:', dated July 20, 1960, John J. Carroll, Town Engineer, to be recorded herewith; Parcel 2. A strip of land commencing at land of the Town of Lexington and extending through an unnumbered lot, lot 60, and two unnumbered lots to the southerly side line of Red Coat Lane , said strip varying in width from a minimum of six (6) feet, more or less, to a maximum of seventeen (17) feet, more or less, all as shown and marked "Slope Easement" on said plan; and Parcel 3 A - strip of land commencing at the north- erly side line of Red Coat Lane and extending through an unnumbered lot, lot 1, and an unnumbered lot to land of the Town of Lexington known as Kineen Park, said strip varying in width from a minimum of five (5) feet, more or less, to a maximum of thirteen (13) feet, more or less, all as shown and marked "Slope Easement" on said plan; and reference to said plan is made and said plan is incorpo- rated herein for complete and detailed descriptions of said parcels of land. Said rights and easements in the above described parcels 111 l of land are taken without interference with or prejudice to the rights of the owners, except so far as is reasonably necessary in the exercise of the rights and easements hereby taken, and there is reserved to the owners and their heirs, successors and assigns, all their rights in and to the use of their land lying within said above described parcels for all lawful purposes not inconsistent with the use thereof for all of the purposes hereinabove mentioned. On each occasion that the Town enters upon the land in which the aforesaid rights and easements are taken and performs any work thereon, it shall be the obligation of the Town to remove all surplus material and to leave the surface of the premises in reasonably as good condition as when the entry was made . Any trees upon the land included within the above described strips of land are included within the taking. The land in which the aforesaid rights and easements are taken is believed to be owned by the following named persons, but if the name of the owner of any of said land or of any interest therein is not stated or is not correctly stated, it is to be understood that such land or interest is owned by an owner or owners unknown to us : Lots as shown on Owner aforesaid plan Parcel 1. Robert S. Ives and Arne Ives, husband and wife Lot C 1 John J. Cox and Josephine G. Cox, husband and wife Lot B Laverne E. Woods and Onie P. Woods, husband and wife Lot A Parcel 2. Dorothy J. Pihl Unnumbered Lot Marshall A. Porter and Eleanor Porter, husband and wife Lot 60 William Gedritis and Maxine Gedritis, husband and wife Unnumbered Lot Universal Builders Inc . Unnumbered Lot Parcel 3. Universal Builders Inc . Unnumbered Lot Warren E. Padelford and Mark P. Neubauer Lot 1 Dow H. Darden, Jr. , and Diana K. Darden, husband and wife Unnumbered Lot 112 lune No betterments are to be assessed for the construction of Burlington Street, except that betterments will be assessed for the construction of sidewalks in the street. And said Board, having considered the question of damages, hereby determines that no damages have been sustained and none are awarded. WITNESS our hands at Lexington aforesaid this 22nd day of August, 1960. /s/ Ruth Morey /s/ Alan G. Adams /s/ Gardner C . Ferguson Majority of the Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss August 22, 1960 Then personally appeared Ruth Morey, Alan G. Adams, and Gardner C . Ferguson, known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lex- ington, and acknowledged the foregoing instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me /s/ James J. Carroll My commission expires 2/26,166 Mr. Carroll presented an Agreement for engineering services (Contract No. 5 1960) between the Town of Lex- ington and Whitman and Howard, for the plan of the Pro- Agreement posed Parking Area abutting on Meriam Street and the rear Parking of Depot Square . Area Mr. Carroll will have 8i" x 11" plans prepared which can be held by the Town Meeting Members while this is being discussed at Town Meeting. Upon motion duly made and seconded, it was voted to sign Contract 1960 No.5 for engineering services between the Town of Lexington and Whitman & Howard, for the Pro- posed Parking Area bbutting on Mariam Street and the rear of Depot Square . I 113 Letter received frau Marine Corps League , Depart- ment of Massachusetts, for a room large enough to ac- commodate a group of 25 to 30 people for one evening Marine Corps a month Detachment Meetings, was held over. Leaga.e Mr. Adams had discussed the matter with Mr. Healy and it was decided to offer a room, at the easterly end of Cary Hall, formerly used by the American Legion, for these meetings, should it prove suitable for their needs. Invitation was received from the Stanley Hill Post 38 American Legion and Stanley Hill Unit 38 Legion Auxiliary to attend their joint installation of Officers on Tuesday, September 13, 1960, at 8:00 P.M. The Clerk was instructed to write them that the Board would be represented. Application was received for the use of Estabrook Hall by the Lexington Junior Chamber of Commerce for a group of foreign students' discussion to be held on September 1, 1960. Estabrook Upon motion duly made and seconded, it was voted Hall to grant the request . Application was received for the use of Estabrook Hall for business and public meetings of the Lexington Estabrook Civil Rights Committee to be held on September 15, 1960, Hall October 27, 1960, January 24, 1961, March 23, 1961 and May 16, 1961 . Upon motion duly made and seconded, it was voted to approve the application. The following applications were received for taxi drivers' licenses : William H. Spiers 185 Lowell Street Taxi Drivers ) Gerald Paul Connor 7 Carville Avenue licenses Paul T. Sullivan 20 Forest Street Donald F. MacElroy 17 Hayes Avenue Upon motion duly made and seconded, it was voted to grant the above licenses. Application for a Yearly Dump Permit from F. J. Hopwood, 21di Bedford Street, was held over. Upon motion duly made aril seconded, it was voted Dump Permit to grant the permit, the truck being registered in Lexington. 1 /4 y CD Application for Yearly Dump Permits from Davey Dump Tree Expert Company, Arlington, Mass . , was discussed Permit Upon motion duly made and seconded, it was voted to advise them that they would be eligible for a Daily Permit Letter was received by Mr. Richards and read by the Chairman, requesting permission for a Block Dance on Dane & Foster Roads for the resident s of the same , to be held on September 3, 1960, from 5:00 P.M. until Block Dance midnight. Upon motion duly made and seconded, it was voted to grant the request, subject tothe advice of the Chief of Police . Application for a Yearly Dump Permit was received from Eugene C . Roberts, 73 Woodridge Road, Wayland, Dump Permit Mass. He is building approximately fifty houses on Turning Mill Road. Upon motion duly made and seconded, it was voted to grant the permit. Application for a Public Carriage License for an additional cab was received from the Minute Man Cab, Public Car- Inc. , 1833A Massachusetts Avenue , Lexington. Before riage Lie. granting the license , the Board would like to be as- sured that the Company has parking space other than around metered areas of Depot Square . Application for the renewal of a Guide License was received from James P. Connell, 55 Forest Street, Guide License Lexington. Upon motion duly made and seconded, it was voted to grant the license . Upon motion duly made and seconded, it was voted to sign Sidewalk Order for Burlington Street. This order may be found in the Selectmen' s Files for 1960, under Sidewalks. Upon motion duly made and seconded, it was voted to sign Street hearing notices on the following streets: Alcott Road Graham Road Thoreau Road Chadbourne Road Hastings Road Whitman Circle Childs Road Lawrence Lane Whittier Road Diana Lane Leeland Terrace Wingate Road Emerson Road Minola Road Lillian Road Fulton Road Rolfe Road Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting held on August 8, 1960 . The meeting adjourned at 11:30 P.M. A true record, Attest: re:)4 Ac t ing p le rk a-r fi C