HomeMy WebLinkAbout1960-05-23-min dot)
SELEC TMEN'S MEETING
May 23, 1960
A regular meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building,
on Monday, May 23, 1960, at 7:30 P.M. Chairman Morey,
Messrs . Adams, Ferguson and Richards were present
Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent
of Public Works, and the Executive Clerk were also pre-
sent . Mr. Cole arrived at 7:40 P.M.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen' s Meeting held Minutes
on May 16, 1960
Mr. Stevens explained that he had an option for
the Board to exercise to acquire a parcel of land from Option
Mr. Mark Moore which will provide for the extension of
Emerson Road. Mr. Moore has not yet taken title but
expects to pass papers early in June .
Upon motion duly made and seconded, it was voted
to exercise the option to acquire a parcel of land
from Mr. Mark Moore .
Mr. Stevens referred to the option to acquire a
parcel of land situated on Grove Street and owned by
Mr. Irwin. He explained that the option was prepared
April 11 and papers were to be passed within forty-five
days after that . This property is land courted and
the plan has not been prepared by Mr. Nylander but Ext.of Time
should be ready within a few days
Upon motion duly made and seconded, it was voted
to sign an instrument extending the time for passing
papers to July 1, 1960
Mr. Stevens referred to land to be acquired from
the Towers Trust and located on Follen Hill . He re-
ported that the Land Court is requiring a plan, and Mr. Ext .of Time
Carroll has made arrangements with Mr. Brooks, who has
done work for the Towers, to do the surveying. He said
it is necessary to have the plan and know where the
boundaries are and additional time is required.
Upon motion duly made and seconded, it was voted
to sign an instrument extending the time for passing
papers to August 1, 1960.
Mr. Stevens presented Engineering Contract 1960-1
for street construction and contract 1960-2 for sewer
construction.
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Mr. Carroll explained that the street contract
is straight forward The sewer contract provides for
Street and a lump sum deduction of $4,000 which represents the
Sewer Eng. amount of work done by the Town Engineering Depart-
Contracts ment The engineers ' time was charged out at Whitman
& Howard' s rate and the figure arrived at by mutual
agreement
Upon motion duly made and seconded, it was voted
to sign contract No 1960-1 for Street Construction
Engineering Services and Contract No. 1960-2 for Sewer
Construction Engineering Services with Whitman &
Howard, Inc .
Mr. Stevens reported on an accident, involving a
Town truck, that happened May 9, 1960 on Spring Street
The truck was being used in connection with installation
of a sewer service and was parked along the side of
Claim Spring Street. After about half an hour, the truck
commenced to roll and hit a parked car and then struck
a tree on a man' s lawn. The car is owned by Mabel E.
Maloney and the estimated damage is $101.00. The
amount has been checked by Mr Carroll and is , in his
opinion, a reasonable estimate .
Upon motion duly made and seconded, it was voted
to authorize settlement of the claim in the amount of
$101.00.
Mr. Carroll reported that in connection with this,
there is the further problem of what to do about the
tree owned by Mr. Appleyard, 98 Spring Street . The
truck damaged the bark of the tree quite severely. He
said a piece of the tree bark should be cut out about
a foot wide and up approximately three feet, painted
with shellac and tar covered. Mr. Appleyard is not
satisfied with just repairing the tree , but wants to
make sure it will live . He has checked with two or three
tree companies who have told him that they think the
damage can be repaled However, none of them will
guarantee that it will live and the Town Tree Warden
will not guarantee it either.
Mr. Appleyard obtained a price from a tree company
of $20 to replace the fifteen inch white oak tree with
a six inch tree In checking with Frost & Higgins today,
Mr. Carroll was quoted a price of between $275 and 4300.
Mr. Carroll suggested to Mr . Appleyard that the Town repair
the tree and in return for a release of damages signed by
him, the Town would agree that if in the next two years
the tree died, it would be replaced with a sum of money.
The amount informally agreed upon was $250.00. However,
Mr Appleyard wants something for the loss of the aesthetic
value of the tree and suggested 650.
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Mr. Carroll reported thatthe foreman did not put
the truck in gear, and it wa,_ standing for about twenty
minutes, then started to roll. In checking, the spring
in the emergency brake was found to be broken, but when
the truck was inspected for a sticker, the brake was
found to be all right . Mr Appleyard said the brake
was defective, but the Town mechanic disagreed.
Mr. Carroll said he would prefer to pay $250 rather
than plant a tree .
Mr. Stevens explained that the best solution would
be to have Mr. Mazerall or a tree expert do what he
thinks necessary to repair the tree . He advised that
the owner has two years in which to bring a claim for
damage .
Mr. Carroll reported that Mr. Mazerall said that
something should be done to the tree immediately.
The Chairman suggested that the tree be repaired,
and if it lives , do nothing further.
Upon motion duly made and seconded, it was voted
to authorize Mr. Carroll to offer to repair the tree
Mr. James E. Day, 36 Vaille Avenue , met with the
Board, relative to lots 3A and LA located on Grant
Street, adjoining the Boy Scout property. He stated
that he does not own these lots. He is a real estate
agent and the owner has offered them to him at a Grant Street
price . However, due to the topography of the land lots
and the relocation of Grant Street, he cannot do any-
thing with them The lots have no street frontage ,
and Mr. Irwin, Building Inspector, informed him that
he cannot issue a building permit until the necessary
street frontage is acquired
Mr. Stevens asked if Mr. Day had checked the
title to the lots, and he replied in the negative
Mr. Stevens said he thought the Boy Scouts ' land
is bounded by the sideline of the street, and all the
Town had was a little piece in between. He said he
thought Mr Taylor looked this up for the Boy Scouts .
Mr. Stevens explained that this is a situation
where someone must do some title work and it is not
an encumberment to the Town to do it .
Mr. Day stated that as it stands now, there is
no value to the property and he would like some as-
surance from the Town as to who owns this land.
Mr. Stevens explained that he would have to obtain
his information from the Registry.
The Chairman said that Mr Day needed to have
the title searched on the property, and he said he
thought he would discuss the subject further with
Mn Taylor
Mr. Day retired at 8 07 P M.
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The Chairman read a letter from Mr. Irwin, Building
Inspector, advising tha he has received an application
for a permit to build an addition to a dwelling at 763
Building Marrett Road which is within the Minute Man National
permits - Historical Park area He has ten days in which to
Park area act on the application, but the Selectmen have the power
to grant an extension of time beyond the ten days .
Mr. Stevens reported that Mr. Snow has been work-
ing with the Park group and someone should set up a
procedure so that when an application for a building
permit comes in, the Board will be notified and some-
one at the Commission level will be notified in order
to give it an opportunity to step in and acquire the
land .
Upon motion duly made and seconded, it was voted
to extend the time within which Mr Irwin has to act
upon the application for fourteen days, and to apprize
the Commission of the situation and see what the answer
is .
Upon motion duly made and seconded, it was voted
to go into executive session for the purpose of discus-
sing, 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 11person .
The Board discussed the subject of acquisition, for
the purpose of establishing an off-street parking area,
of a parcel of land situated on Mariam Street and abut-
ting the Boston & Maim Railroad, shown as Parcel #3 on
a plan entitled "Land in Lexington, Mass . Boston & Maine
Railroad to Anthony R. Cataldo" .
Upon motion duly made and seconded, it was voted
to resume the open meeting.
Mr. Stevens retired at 8:40 P.M.
Messrs Michelson, Baker, Belcastro and Oppenheim,
representatives from the Lexington Chamber of Commerce ,
met with the Board.
Mr. Belcastro explained that they had requested
an appointment to discuss the parking meter problem
in the Center and the installation of meters in the
municipal parking areas . They asked the Board to defer
action on the installation until they could obtain a
full report from the Chamber of Commerce and meet with
the Board of Directors . He stated that the plea was
based on the fact of the new shopping center in Bedford
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which will open May 25 and will affect business in Lex-
ington Center.
Mr. Michelson said he believed the meters should be
left on the streets, but in order to safeguard the Town' s
own future, they should not be installed in the parking
areas . He said the fines on all day parking would offset
the cost of the parking meters.
The Chairman explained that the Chief of Police has
maintained that it is difficult to enforce parking re-
strictions when there are no meters to enforce them by. Parking
Mr. Michelson said that if thethird parking area Meters
was free and the others restricted, it might be a ab-
lution. He said the merchants have all abused the
parking, including himself, but asked where they were
to go
The Chairman replied that there is available space
in the rear of the Town Office buildings .
Mr. Michelson said that if a merchant has to use
a car for delivery, it should be nearer to his business .
He said he would like the Chamber of Commerce members
not to violate the parking and leave the places for
customers, hoping the meters will not be installed.
The Chairman explained that the reason the meters
came up was to have a healthy business center, and it
seemed that with parking meters, people would be able
to find a place to park.
Mr. Adams asked if this wai not a question of giv-
ing the subject further study and finding out more in-
formation from other towns .
Mr. Michelson said that if there is any way to en-
force the parking after the new lot is in without in-
stalling meters, he thought it would be to everyone ' s
advantage He said the Chamber has a meeting scheduled
for June 8 if the Board could give some facts.
The Chairman said that no order has been placed
for the parking meters but the Board is fairly well
along in the discussion. She stated that if the Board
has any conclusion the group would be advised, but the
Board is not prepared to make any definite statement
at this time . She explained that the Board is trying
to do what is for thebest of the community .
Mr. Michelson reported that the Chamber of Com-
merce does not want trees planted in the Center and
a letter to that effect will be sent to the Board.
The group retired at 9:05 P.M.
It was agreed to advise the group that it is not
the intention of the Board to take any action regard-
ing installation of parking meters in the municipal
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parking areas immediately.
Mr. Carroll reported that he had received a letter
from Whitman & Howard advising that they had checked on
the street contract bids opened May 16, and recommending
Street that the contract be awarded to the low bidder.
Contract Upon motion duly made and seconded, it was voted
to award the contract for Street Work and Drains to the
low bidder, George Brox, for $109,437 .95
Mr. Carroll reported on bids for a 5 gang hydraulic
mower. He explained that the request in the budget was
for a seven gang, but Mr Mazerall has decided on a 5
gang. He stated that Sawtelle Company bid $4,847.50 and
Clapper Co. bid $5,150, less 2%, net 30 days
Upon motion duly made and seconded, it was voted
to accept the low bid of $4,8L7.50 submitted by Sawtelle
Company
Mr. Carroll reported on a drainage problem on Ames
Avenue and explained the situation by use of a plan.
Upon motion duly made and seconded, it was voted
that in return for drainage and sewer easements 72 feet
wide , the Town would give Mr. Antonelli, the builder,
the pipe to run the drain, under Mr. Carroll' s supervision .
It was further voted to authorize Mr. Carroll to
obtain an option from Mr. Sullivan to purchase Lot 46+
for $100.00.
Mr. Carroll referred to betterments assessed upon
the Monahan land and explained that the original estimated
sewer betterments put on record were $3,199.66 on Haskell
Street, $747 .59 on the opposite side of Haskell Street
Monahan and $1,061.81 on Lowell Street, totaling $5,009.06.
betterments Upon motion duly made and seconded, it was voted
to take the following action:
Lowell Street Sewer Betterment Acct. #5342 $1061.81
1. To be deferred, Chapter 159, Acts of 1950 730.00
2. Balance due 331.81
$1061.b1
Haskell Street Sewer Betterment Actt . #5327 $ 747 .59
1. To be abated 281.72
2. Balance due +�
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Haskell Street Sewer Betterment Acct #5332 $3199.66
1. To be deferred 2242.75
2. To be abated 514.48
3. Balance due 442.0
f3l99.66
Mr . Cole brought up the subject of street lights
for school driveways and it was agreed klauthorise
the Boston Edison Company to proceed with the instal- Street
lation of the lights on poles at the William Diamond lights
Junior High School
Mr. Adams brought up the subject of the dump per-
mits and asked why the Board could not issue a 54
permit for trucks going into thedunpwhen non-commercial
The Chairman asked if he meant to amend the regu-
lations .
Mr. Carroll raised the questioh of returning money Dump permits
already paid for approximately 86 permits
Mr. Richards suggested that definite written re-
commendations for a change of theregulations be brought
in at the next meeting in an effort to eliminate discus-
sing the subject every week.
Mr. Carroll retired at 9 50 P.M.
Letter was received from Mr. Stevens re Lot 11,
Holton Road, advising that acquisition of the lot has
been completed and ttE deed recorded May 20 as instrument
No. 135. He suggested that, since the land was acquired Lot 11
for playground and recreational purposes, the Board Holton Road
might want to advise the Recreation Committee of the ac-
quistion
Letter was received from the Mystic Valley Gas
Company for permission to install a gas main in Eldred
Street The proposed location was approved by Mr
Carroll.
Upon motion duly made and seconded, it was voted
to grant permission to the Mystic Valley Gas Company Gas Main
to install a 4-inch welded steel high pressure gas
main in Eldred Street providing the installation con-
forms with Mr C arroll (s specifications .
The Chairman reported that Mr. Proctor, a teacher,
has a group of children interested in becoming guides Guides
and have taken tests She said there is a question as
to how many guides the Town should have and some definite
policy should be established
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It was agreed to invite Mr Garrity to meet with
the Board next week to discuss the subject
The Chairman read a letter from the Mingtte Man
Highlands Association concerning traffic conditions
in the Minute Man Highlands area .
The Chairman said that possibly, in view of the
Traffic fact Concord Avenue is not going to be completed for
two years, it should be sp®ed zoned now. It was agreed
to ask Chief Rycroft what he can do about speed zoning
the avenue .
The Chairman read a letter from Mr. Irwin advising
that he would like to take his vacation a day a week
Vacation throughout the summer months starting Friday, June 17.
This arrangement was followed last year and ap-
parently successfully. The Board had no objection.
Letter was received from Mr. Burrell, Director of
Civil Defense , submitting the name of Dr. Eric T
Appointment Clarke for appointment to position of Radiac Officer.
Upon motion dui made and seconded, it was voted
to appoint Dr. Eric T. Clarke , 29 Moon Hill Road, a
Radiac Officer for the Town.
The Chairman read a letter from Mr. Irwin, Build-
ing Inspector, relative to new homes signs and directional
signs about which the Central Middlesex Multiple Service
complained.
Enforcement It was agreed to invite Mr. Irwin to meet with the
of Sign By- Board on June 6, and in the meantime , to find out from
Laws Town Counsel who has the authority to remove illegal
signs; also to obtain ideas on the subject from the
Planning Board and Board of Appeals
Letter was received from the Lexington Coal Com-
pany requesting the appointment of Miss Jacqueline G.
Busa, an employee , as a Public Weigher
Appointment Upon motion duly made and seconded, it was voted
to appoint Miss Jacqueline G. Busa a Public Weigher
in the Town of Lexington for a term expiring March 31,
1961 .
Letter was received from Mr. Nickerson asking the
Board to appoint a fifth Associate Member as soon as
possible .
Upon motion duly made and seconded, it was voted
Appointment to appoint Mr. Ralph H. Tucker an Associate Member of
the Board of Appeals for a term expiring March 21,
1961, subject to his acceptance
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Following a discussion of the subject, upon motion
duly made and seconded, it wa- voted to re-appoint Mr.
George C . Sheldon, Forest Warden, subject to the ap- Appointment
proval of the Director of Forestry, for a term expiring
June , 1961.
Upon motion duly made and seconded, it was voted
to appoint Mr. Martin a Gilman a member of the Town Appointment
Celebrations Committee for a three-year term expiring
April 30, 1963 .
Application for a Yearly Dump Permit was received
from Franklin E. Farrar, 18 Wyman Street, Arlington,
who works for the Davy Tree Experts . Dump Permit
Upon motion duly made and seconded, it was voted
to issue a Yearly Dump Permit to Franklin E. Farrar.
Application was received from Richard Whipple, 1
Upland Road, fcr a license to operate or drive a taxi
for the purpose of conveying persons for hire in the
Town of Lexington. Taxi License
Chief Rycroft did not approve granting a license
because the applicant is only seventeen years of age .
Upon motion duly made and seconded, it was voted
not to grant a license .
Application was received from Robert R Keeney,
151 Charlton Street, Arlington, for a license to op-
erate or drive a taxi for thepurpose of conveying Taxi License
persons for hire in the Town of Lexington.
Report was received from the Chief of Police with
a recommendation that the application be denied.
Upon motion duly made and seconded, it was voted
not to grant a license .
Upon motion duly made and seconded, it was voted
to grant licenses to operate or drive taxis for the
purpose of conveying persons for hire in the Town of
Lexington to the following individuals, satisfactory
character references having been submitted by the
Chief of Police : Taxi License
Samuel L. Fardy David G. Warren
David B Whipple Angus W. McIver
William Belcher Douglas E. Hogan
Calvin K. Stokes Raymond E Dalrymple
Mark C Aldreich Caywood Greening, Jr.
Harold Sukeforth Charles A. Urbon
James A. Wessell John B. Clyde
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Upon motion duly made and seconded, it was voted
to sign an Order for bhe installation of a water main
Water Order in Laconia Street from Ridge Road 78A' , more or less,
northeast to Lowell Street The original and one copy
was submitted to Mr John J. Carroll . A copy of the
Order is on file in the Selectmen' s Office under Water
Orders, 1960 .
Upon motion duly made and seconded, it was voted
to sign an Order for the installation of a sewer main
in Grove Street from 130' north of Eldred Street 600 ' ,
fewer Order more or less, southeasterly to thesouth side of Lot 7
The original and one copy was submitted to Mr. John J.
Carroll. A copy of the Order is on file in the Select-
men' s Office under Sewer Orders, 1960.
Upon motion duly made and seconded, it was voted
Selectmen' s to meet on Wednesday, June 1, 1960, The meeting will
Meeting be held in the Town Accountant ' s Office due to the fact
that the Historic Districts Commission has engaged the
Selectmen' s Room for that evening
The meeting adjourned at 10:50 P.M.
A true record, Attest : ,
ec. tiv Jerk Selectin
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