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HomeMy WebLinkAbout1960-05-02-min 556 z 0.4 SFJECTMrEN'S MEETING , May 2, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, May 2, 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. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of two jurors . The following Jurors individuals were drawn for jury duty: Philip L. Gordon, 35 Peacock Farm Road and Melvin Labitt, 30 Tyler Road. Mr. Carroll retired. Letter was received from Walter E. Murray, re- questing permission, on behalf of St. Bri id' s Church, ng ehal � Paper Drive to conduct a paper drive on Sunday, May 8, 1960. Upon motion duly made and seconded, it was voted to grant the request. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting held on April 25, 1960 Mr . Stevens reported further on the Campobasso claim and upon motion duly made and seconded, it was Claim voted to authorize settlement of the land damage claim for $1200.004' Mr. Stevens reported that there are three other land damage claims in connection with the installation of the East Lexington sewer from the East Lexington Railroad station up to the intersection of Peacock Farm Road and Watertown Street . He stated that there will be a suit by Shea; Mr. McGirr, whose property ad- joins McKeen' s, Mr White and Mr. Fink, both on the Peacock Farm section. There are several other parcels on which the easement was taken . The easement was kept on the White and Fink properties because if Emerson Road is laid out as contemplated, those properties will be taken He said the Fink case can be settled on the basis of waiving any charge in lieu of betterments of $750. He will then have to pay a connection charge . The White case can be settled for $1,000. 557 The Chairman said that it would seem that both cases should be settled for the same amount, and Mr. Stevens reported that he had raised that question with Mr. Russian, attorney for both parties. Upon motion duly made and seconded, it was voted to authorize Mr. Stevens to proceed with the settlements as outlined. Mr. Stevens brought up the subject of insurance on the Town Dump situated on Lincoln Street. He explained that on occasions individuals have claimed damages to Dump their automobiles . Now that a charge is to be made for insurance the use of the dump, the Town might find itself involved in some responsibility He discussed the subject with Converse Hill who advised that coverage from $50,000 to $100,000, personal injuries will cost $36.50 and $5,000 property damage would cost $10. Upon motion duly made and seconded, it was voted to place $100,000 to $300,000 personal injuries cover- a-e and $20,000 property damage coverage on the dump. Further consideration was given to Mr. Harold J. Toole ' s letter of April 27, 1960, relative to an agree- ment between the Town and the Metropolitan District Commission concerning sharing the cost of constructing the new water facilities authorized by Chapter 590 of the Acts of 1959. Upon motion duly made and seconded, it was voted to request the Metropolitan District Commission to construct the water main to Watertown Street and to advise the Commission that the Board is prepared to enter promptly into an agreement for the Town to share in the cost of such construction. It was further voted that John J Carroll, Super- Termination intendent of Public Works, be and hereby is authorized of Air Force and directed to terminate the water service contract Water Con- with the United States, Contract No. AF 19 (604)-781, tract dated May 7, 1952, as amended by instrument dated January 1, 1954, effective November 1, 1960 and to execute and deliver a notice of such termination to the United States . Mr. Stevens retired at 8:25 P.M. Mr . Carroll reported that Kenneth Kelley, a Town employee, was struck on February 5, 1960 in the jaw by a sewer machine hose that knocked his denture into a sewer. He completed an accident report and the in- Accident surance company classified it as personal property. 111 The accident cost Mr. Kelley approximately $150. 553 cc Upon motion duly made and seconded, it was voted to authorize payment in an amount not exceeding $150. Mr. Carroll stated that for a number of years there has been the problem of burning trees and tree stumps infected with Dutch Elm disease During the Burning time Mr. Gayer was Superintendent, Mr. William Maloney diseased offered the use of the Lexington Nursery property for trees and burning the infected trees and stumps . He spoke to stumps Mr. Maloney last week and he said the Town could burn the trees that the Public Works Department took down or had taken down because they were diseased He said he would call the Fire Department when the trees were burned Mr. Adams said it was a very fine offer, but des- troying the trees is or could be quite a project, and he understood Mr. Maloney is not the only owner of that property. Mr. Carroll said that Mr Anthony Cataldo is part owne r The Chairman said the Board should press the pur- chase of another dump site and as soon as possible , move the activity to Town property Mr. Adams said he did not think the Town should use the property on a verbal offer . Mr. Ferguson asked why the stumps could not be burned at the Town dump. Mr. Carroll explained that there is no burning at the dump and as soon as it was started, people would complain. Mr Richards suggested using the nursery pro- perty on a temporary basis . Mr. Adams asked if Mr. Carroll had discussed the subject with the Fire Department, and he replied in the negative . He said he knew he couldn' t burn them without obtaining a permit from the Fire Department. Mr. Ferguson said he thought the stumps should be burned at the Town dump. He said there wouldn' t be burning every day a tree is taken down. The Chairman suggested that a letter be sent to Mr. Maloney, stating that the Board understood from Mr. Carroll that the diseased elm trees could be burned at the nurser'y, that the offer is appreciated and it is hoped it will work. out . Mr. Ferguson said he was inclined to agree with Mr. Adams and use the Town dump. Mr. Adams said he thought the Fire Department should also be contacted The Chairman suggested that Mr. Carroll ask the Fire Department to check it and after checking, the Board could write and thank Mr. Maloney for the use of the property and advise him that the activity will 559 be stopped any time it is found to be a nuisance . Mr. Richards and Mr . Cole agf3eed with the sug- gestion. Mr. Ferguson said he preferred to burn the stumps on Town land, and he said he did not think it was vital to burn them. Mr. Adams said the letter should not be sent to Mr. Maloney but should be addressed to the Lexington Nursery. The majority of the Board was in favor of proceed- ing as theChairman suggested. Mr. Carroll reported that he talked to Mr. Leonard Foster, Mr. Tarbox and Robert Custance relative to plant- Trees ing trees in the Center . They were impressed and will re- commend favorable action by the Chamber of Commerce . Mr. Carroll reported that he has two contracts coming out on May 16; one for all the streets and the other one for the trunk sewer down on Watertown Street . He intends to have two sewer contracts, one in late May or early June and one in June . He plans tentatively to have his .,own department do ttrrengineering work on Projects some of the sidewalks and also write the specifications . The more difficult sidewalks, involving walls, etc . , will be on another contract . He expects to have a substantial amount of thesidewalk work done before school opens in the fall. The Chairman said that when bids were opened for police cars, the question came up as to whether or not there would be any advantage to sending out bids for all Town cars at the same time . Mr. Carroll explained that they would not all have the same specifications and he did not think it would result in a saving of more than $50. He said he would Car bids have no objection, but he would want to write his own specifications . Mr. Carroll said that telephone calls are coming in relative to the $25.00 charge for dump permits . Some people have pickup trucks that are not used com- mercially. Mr. Ferguson said that any vehicle with an A, B, or C plate should be charged Mr. Cole said he did not understand that was the original intent . The Chairman read a letter from Joseph McDonough, 94 Grove Street, advising that he has used a company 560 pm truck to carry rubbish from his home to the dump be- cause he cannot carry it in his car, a Volkswagen. Dump The Chairman reported that Locke ' s Window Clean- permits ing Company from Concord had inquired about obtaining a license . Mr. Carroll said he thought the Board should con- sider every individual who applies for a yearly permit because the object is to keep outsiders frzimusing the dump; otherwise there will be so many permits it will be impossible to check them. Mr. Ferguson agreed, and said that every individual with a commerdial plate on the truck should pay the fee . The Chairman said that the Board voted to charge $25,00 for a yearly permit and asked if the permit ran from January to January or from May to May. If it is from Janu- ary 1st, $25.00 should not be charged now. Mr. Carroll strongly disagreed. Mr. Ferguson said it was agreed that it was unfair to charge $25.00 for the first year if the individuals were not going to get a full year. Mr. Carroll said that if it was agreed, it was not incorporated in the rules and regulations . Upon motion duly made and seconded, it was voted to charge $25.00 for yearly permits from the effective date , May 9, 1960, until June 30, and $15.00 thereafter. It was also agreed that residents of Lexington will be issued a permit automatically, but any oat-of-town individual or concern' s application will be viewed by the Board. Letter was received from Mr. Mitchell Spirts, ad- vising that for some time he has been having a problem School with garbage collection at some of the schools . Garbage Mr. Carroll reported that he and Mr. Spirts met Collection with the Contractor about a month ago, and it was agreed at that time that the problem would be solved, but ap- parently it hasn't been. He said his only solution would be to fine the contractor $5.00 for each collection he misses . very time he is fined, he threatens to leave . The Chairman said that apparently the only solution is to enforce the $5.00 fine . Yr. Carroll retired at 9:20 P.M. Chief Rycroft met with the Board to discuss Taxi Rules and Regulations. Taxi Rules He said there is no question but that the regu- & Regu- lations are good ones , and many times regulations are lations made for a purpose and are good to have if an occasion arises, but they do not necessarily have to be enforced. He said he was concerned about the regulation requiring 561 drivers to be twenty-one years old, because the companies have good operators between the age of eighteen and twenty-one . They are boys working for a living and try- ing to help themselves through college . He said he did not think it would be a good policy to enforce that regu- lation, but thought it should be a regulation. He said the Town is growing and it is possible that at some time there may be a fleet of cabs, at which time the twenty-one year regulation would be desirable . He said he thought the regulation requiring a picture of the operator to be displayed in the taxi could be left out, as the majority of drivers are local. He did not oppose the *1.00 fee for a driver' s license but said requiring the drivers to wear caps was an expense . He said he thought the companies should be encouraged to install meters, the rates could be established and then there would be no question as to what the charges will be . The Chairman asked if he thought the zones have out- lived their usefulness, and the cabs should be metered The Chief replied in the affirmative . The Chairman asked if the Chief thought the owner of the taxi should be a Lexington resident, and he replied that the requirement should be kept in the regulations. Mr. Richards said that there should be some ;means of identification and the Chief stated that the drivers could be given a numbered badge . He said he did not think a photograph was necessary. The Chief said he has never had any trouble with the companies or the drivers . There have been occasional complaints about drivers and the companies let them go immediately He stated that the companies have been most cooperative The Chief said that the Federal Gun Act has been in existence for a number of years and when an individual applies for a permit, he is checked as to character and reputation During the last six or eight years, the Police Department has been asked to make a personal check on the applicants One applicant, Winston Markey, 11 Edgewood Road, identifies his business as the New England Gun Service and is a ecientist at M.I .T. He told the Chief that he does not have a place of business except his home which is in a residential area He does not Gun Permit carry on a business at his house , but if he receives a gun from another dealer, it is delivered by parcel post . He could have them delivered by American Express but that is more expensive and usually they arrived damaged The Chief told Mr. Markey he could not make a decision relative to issuing a permit, inasmuch as the 562 , "zJ address he uses is in a residential area, and he held it up. This is the first permit to be issued. Mr Markey formerly lived in Cambridge and had both a State and Federal license at that address The Chairman asked if the activity was more of a hobby than a business and the Chief replied in the affirmative . He said personally, he could see no objection to issuing the permit. The Board had no objection to the issuance of the permit and left the subject to the discretion of the Chief. Mr. Ferguson pointed out that a license would be issued to an individual in a residential zone which is contrary to the Zoning By-Law. Certification of the Board' s requisition was re- ceived from the Division of Civil Service . The Chairman reported that Mr. Ernest Avallone , whose name appears on the list, would like to defer being considered at this time but wants to keep his Civil name on the list for future consideration. Service The Chief pointed out that this applicant is List now thirty-five years old. Appointment of a police officer was held over until the next meeting of the Board, at which time the Chief will have a report on the men whose names have been submitted by Civil Service . The Chief reported that the Ford Company has a program established whereby a safety car is given to Towns, the only r quirement being that the car is used for safety purposes only and not for cruising. Dunn Ford Sales suggested making a car available to the Town last February but decided it would be better Safety Car to wait until after the bids were opened for the new cruisers . He does not want any lettering on the car that it is donated by Dunn Ford. The car will be painted any color and the Town has to pay the insurance and keep the car in repair. The car is replaced by the company each year . The Chairman asked how the Chief would use the car, and he replied that he would use it on radar, parades and water shortage . He explained that when the car is turned in, the Town is not expected to purchase one ; it is never owned by the Town. The Board had no objection. Chief Rycroft retired at 10:00 P.M Letter was received from Mr. Leslie C . Read, 2 Warren Street, relative to ripples on the curve of 563 Percy Road, storm sewer, widening Warren Street and an abatement on his taxes, because his house is not con- nected to a sanitary sewer. Complaint The complaints, with the exception of the tax abatement, were referred to Mr. Carroll, Superintendent of Public Works . Letter was received from Della M. McCarthy, 1 Great Rock Road, asking to have sand removed from the area of Crescent and Great Rock Road. Sand The Town does hot remove sand from unaccepted streets Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the fol- lowing Boston Edison Company pole location; same having been approved by Mr. Carroll Pole locati ons Lowell Street, southwesterly side , approximately 215' southeast of Woburn Street, -- One pole . The Chairman read a letter from Irving L. Levine, 10 Estabrook Road, advising that he has a newspaper agency for a business and owns a Willys Delivery jeep Dump permit which he also uses for weekly trips to the dump. He asked if he would have to pay for a dump permit . The Chairman was authorized to advise Mr. Levine that if the jeep has a commercial plate , he will have to obtain a permit before he can deposit rubbish in the Town dump. Further consideration was given to Mr. John Brucchits complaint relative to a dog owned by Miss Jean Adams Dog Upon motion duly mrde and seconded, it was voted to advise both Mr. Brucchi and Mr. Adams that the Board found no cause for issuing a restraining order at this time . Further consideration was given to Mrs . Ilda Forbush's request for "No Parking" signs in the vicinity Traffic of 445 Massachusetts Avenue Chief Rycroft recommended painting the curbing red, which was agreed to by Mr. Carroll. Mr. Ferguson mentioned the difficulty vehicular traffic has going into Waltham Street from Vine Brook 564ac cc Road due to the fact the view is obstructed by parked cars It was agreed to ask Mr. Carroll to make a check and recommend a solution. Letter was received from Mr. Nickerson, Chairman Board of of the Board of Appeals, advising that it will not be Appeals necessary to appoint a fifth alternate member until alternate after the Attorney General has approved the amendment to the Zoning By-Law. Upon moticn duly made and seconded, it was voted Bond to approve bond No. 821850 in the sum of $1,000 on behalf of Paul Edward Furdon as Constable . Upon motion duly made and seconded, it was voted to grant the following licenses : Lexington Cab. Co. , Inc. Taxi (renewal) Arlex Taxi Co. Licenses Taxi Driver Licenses : Warren Monsignore William Savage Charles W. Savage Edward L. Kinneen Robert E. Walton Joseph Conway Concord Hill Market Sunday Sales (Renewal) F. K. Luwry, Five Forks Spa Village Variety Store n n n Clarence E. MacPhee Lexington Bowladrome Bowling Alley Sunday Bowling John J. Salterio Common Victualler New (MacKay's Stores) Sunday Sales " Further discussion was held relative to location of an Armory in Lexington. Mr. Adams suggested the area in front of the Armory Public Works Building and tax title land on Hartwell Avenue . The Chairman polled the Board; three members were in favor and two opposed. The Chairman called the Planning Board but the only person in the office was Mr. Snow who came into the Selectmen's Meeting. He said that he understood the Planning Board was unanimously opposed. He sug- gested that the Chairman contact Mr. Burnell. Mr. Snow retired. The Chairman was authorized to advise Colonel Noonan that the Board was three to two in favor, and that there does not seem to be any site available in Lexington at the present time . 565 Mr. Adams said that following the Town Meeting, at which the parking lot was diecussed, the subject was dropped. He said many people think it should have been given more consideration. Mr. Nickerson talked to him, Parking one of the fourteen people interested, and was very much area in favor of continuing. It was suggested that Mr Cataldo be contacted, which waF done about a week ago. He is willing to take the spur track out and give one or two accesses including an automobile crossing. He said he thought the parcel was badly needed for parking and the subject should be given further consideration. He said as soon as parking meters have been installed in the other municipal parking areas, pressure will be put on for a parking area. Mr. Ferguson asked if Mr. Adams was proposing that the sum of $40,000 be paid to Mr. Cataldo, and he replied in the affirmative . Mr. Ferguson asked why these fourteen people did not make themselves known at the Town Meeting, and Mr. Adams replied tent, to his mind, the subject was not adequately discussed. He said many people follow the recommendations of the Board and he did not think the Board gave,L_ the subject much consideration He said he thought the means of acquiring the property was a mis- take and should be revised. The Chairman asked if Mr Adams meant the Board should not proceed with the taking and he replied that he was not sure . Mr. Richards said thatMr. Murphy is an excellent appraiser and it was his feeling that Mr. Murphy is going to appraise what the Town is going to take , He said it would not be necessary to take any land to ac- quire a crossing. Mr Adams said to get the full effectiveness, a crossing must be somewhere near Depot Square . He said he thought there should have been more study and he understands that if Mr . Cataldo receives $40,000, he will take up the spur track. He will also give the Town a crossing at Depot Square . He said an auto- mobile crossing will make the parking area more useful. Mr. Ferguson asked Mr. Adams what he proposed, and he replied that the Board should deal with Mr. Cataldo on the $40,000 basis . Mr. Ferguson asked if Mr. Adams wanted to make a motion to that effect . The Chairman said that the Board can always go to a Town Meeting and request an additional appropria- tion, if it is convinced that is what should be done, but the Board is not convinced 56 Mr. Adams said Mr. Nickerson would like to talk 111 to the Board and he thought Mr. Cataldo was open for further negotiations. He said perhaps the Board should have more information on the subject. The meeting adjourned at 11:15 P.M. A true record, Attest: 1/azj ) ec tiv Cler , Selectfn r4, � I M1 1