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HomeMy WebLinkAbout1960-04-20-min 534 cv r4 SELECTMEN'S MEETING April 20, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Wednesday evening, April 20, 1960, at 7:30 P.M. Chairman Morey, Messrs. Adams and Ferguson were pre- sent . Mr. Stevens, Town Coun.'eT , Er. Carroll, Super- intendent of Public Works, and the Executive Clerk were present . Mr. Cole arrived at 7:45 P.M. and Mr. Richards arrived at 7:50 P.M. In March, petitions were received, signed by in- habitants of the streets in Robinson Hill area, ask- ing to have the streets accepted and maintained by the Town. At the time, the subject was referred to the Planning Board for a report and recommendations concerning easements . Streets Mr. Stevens reported he is behind in acquiring some of the easements, but he recommended that the Board proceed to have the streets laid out and to take the easements if it is not possible to obtain them He said he felt the people are entitled to have the streets laid out and accepted. He said there would be the question as to whether or not Diana Lane is to be extended out to Hill Street. Mr. Adams said it certainly should be extended. Upon motion duly made and seconded, it was voted to refer the petitions to Mr. Carroll and to request him to have the necessary layouts prepared for pre- sentation to the next Town Meeting . A right-of-way easement permitting the Town to Easement install a sewer line beneath the spur track at Laurence G. Hanscom Field was held over . Mr. Carroll said he needed more time to straighten this out with the Air Force . Letter was received from Mr. Donald E. Nickerson, Chairman of the Board of Appeals, relative to appoint- Board of ment of a fifth member to the Board of Appeals Appeals The Chairman explained that she had discussed the subject with Mr. Stevens and she will ask the Town Clerk how long it will take to obtain approval of the amendment to the Zoning By-Law from the Attorney General. She reported that Mr. Nickerson will ask Mr. Duffy if the proposed arrangement meets with his approval. Mr. Stevens advised the Board that Mr. Duffy will have to file his resignation with the Town Clerk and 535 he thought perhaps the Chairman of the Board of Appeals wanted to know if the suggested procedure was accept- able to the Board. The procedure as outlined in Mr. Nickerson' s letter, in an effort to eliminate the difficulty of getting five members present at hearings during the summer, was acceptable to the Board. Further consideration was given to Mr. Barker's letter of March 31 , 1960 relative to astriction in- corporated in the deed when lots 228-233 inclusive on Freemont Street were conveyed to Mr. Knox. Mr. Stevens reported that Mr. Barker was at the Planning Board meeting last week and, as he understood Tax title it, he was coming back with another plan. Mr. Stevens restriction told him last week of the experience the Board had be- fore and explained that it would take a Town Meeting vote to remove the restriction. Mr. Barker said he did not want to wait for that. Mr. Richards reported that Mr. Barker has filed a plan in the Land Court. Mr. Stevens stated that Mr Barker was going to submit a plan to the Planning Board for endorsement . He said he tried to indicate to Mr. Barker that the Board would probably go along with it . Mr. Richards said he should be encouraged to make an effort to divide the lots. Mr. Ferguson said that Mr . Barker should not be urged by the Selectmen as a Board to do anything. He suggested that he be told the Board will include this on the agenda for a Town Meeting. Mr. Richards said he would speak to him because he thought eighty-foot lots should be avoided if pos- sible . It was agreed to advise Mr. Barker that the Board will insert an article in the warrant for the next Town Meeting asking to have the restriction lifted if he so desires. Mr. Norman T. May had an appointment with the Board and advised that Mr. Stevens has answered his question. He asked Mr Stevens if the Board accepted an offer for tax title property, would it then wait for the title to be searched. Mr. Stevens advised him that he would re- commend to the Board that the offer be treated on an unbinding basis until an opportunity was made to examine the title . Mr. May retired at 8:25 P.M. 36 Approval of M- Donald Irwin' s bond as Building Inspector was held over. Reference was made to appointment of a Substitute Substitute Building Inspector and it was agreed to advise Mr !Building Irwin, in reply to his letter of April 5, 1960, that Inspector the Board will consider approving Mr. James C . McCabe , 64 Crosby Road, Arlington, as Substitute Inspector at such times as Mr. Irwin needs him. The Chairman explained that the reason the Dump Rules and Regulations will not be published this week is because it is evident that they will not be ready until the 9th of May instead of the 2nd. She said the Board should adopt amendments to the regulations as they existed and the actual phrasing of the amendments is something Mr. Carroll would like to discuss with Mr. Stevens in the morning. Dump Rules The Board approved the amendments in principle . & Regulations The final draft will be ready next Monday night for adoption by the Board and the regulations can be printed in the newspaper the following week. Mr. Adams said he thought the story in the paper should include more than just setting forth the regu- lations . Upon motion duly made and seconded, it was voted to approve the procedure as outlined by the Chairman. Letter was received from Mr. Leslie Read, 2 Warren Street, calling the Board' s attention to a hole in the Complaint street, the street sign needs replacing, and a sani- tary sewer is desirable, although the property owners will not sign a petition for the sewer. The Chairman reported that Mr. Carroll has taken care of the sign and the hole in the road. As far as the sewer is concerned, the people will not sign a peti- Sewer tion and therefore the sewer has not been installed. Mr. Carroll reported that Mr. Clerkin is very up- set at the present time because he has a stonewall, and the sewage is pouring out through it, going across the street. The distance from his land and the manhole is about 170 feet. In order to connect his house , the sewer main would have to be put in on Warren Street and it would have to be seven or eight feet deep or have a shallow sewer service run along the edge of the pave- ment to his property. He has given Mr. Clerkin an esti- mate of $1200 for the sewer service . In addition, he will have to pay a charge in lieu of betterments which is approximately $800 Mr. Richards reported that Mr. Clerkin talked to him and said the 0200 did not bother him but the $800 537 does because he cannot apportion it. Mr. Carroll explained thataccording to Town Counsel this type of charge cannot be apportioned. Mr. Adams said that the sewer probably won' t be put in Warren Street for a long time , and Mr. Carroll stated tilt even if it is twenty years, the Town should not be in a position of not being able to collect a betterment He said that, in fact, he was going to ask Mr. Clerkin to buy the pipe be- cause $1200 is a substantial amount to take out of the budget. Mr. Richards asked if Mr. Clerkin could be given until the end of the year to pay the $800 Mr. Ferguson felt it would be better to collect the amount when due, otherwise someone else might re- ceive the benefit of the sewer and never pay for it. It was agreed to advise Mr . Read that the two minor items have been referred to Mr. Carroll, and insofar as the sewer is concerned, it is possible to take care of his end of the street when all the pro- perty owners apply for it. Upon motion duly made and seconded, it was voted to sign an Order for construction of a sidewalk from Sidewalk Tewksbury Street 357 feet, more or less, southerly Order along the westerly side of Bedford Street, as follows BEDFORD STREET Middlesex, ss . Town of Lexington WHEREAS, the Town of Lexington at a Town Meeting duly called and held on March 21, 1960, duly adopted under Article 22 of the Warrant the following vote : "VOTED: That the Selectmen be and they hereby are authorized to construct concrete , bituminous concrete or other sidewalks, at such locations as they shall deter- mine, where the abutting owner pays one half of the cost, or otherwise, and to appropriate therefor the sum of $50,000.00, and to provide for payment by transfer from the Excess and Deficiency Account." NOW THEREFORE, We, the undersigned being a majority of the Board of Selectmen of said Town of Lexington, duly elected, qualified and acting as such, do hereby pursuant to said vote and under provisions of Chapter 83 of the General Laws, as amended, and of any and every other power 538 no and authority us hereto in any way enabling determine that public convenience requires the establishment of a sidewalk from Tewksbury Street 357 feet, more or less, southerly along the westerly side of Bedford Street, and it is therefore ORDERED that a bituminous concrete sidewalk be constructed from Tewksbury Street 357 feet, more or less, southerly along the westerly side of Bedford Street, and that one-half of the cost thereof be as- sessed upon the abutting estates. Annexed hereto and made a part hereof is a schedule of the owners of said butting estates and an estimate of the assessments upon them. Witness our hands at Lexington aforesaid this twentieth day of April, 1960. /s/ Norman J. Richards Lincoln P. Cole , Jr. Majority Board Alan G Adams of Gardner C . Ferguson Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Lexington, Mass . April 20, 1960 Then personally appeared Alan G . Adams, Gardner C . Ferguson, Norman J. Richards and Lincoln P. Cole, Jr. , and severally acknowledged the foregoing instrument and statement by them subscribed to be their free act and deed and the free act and deed of the Board of Selectmen of the Town of Lexington, before me /s/ Hazel J. Murray Notary Public My commission expires Nov. 21, 1964 I_ _ 589 ' SCHEDULE OF ESTIMATED RETT3RMENTS Referred to in the Foregoing Order Owner as of January 1, 1960 Lot No. Frontage Assessment Book Page Alice T Magurn 175.90 $175.90 4078 436 (Alice T. McCarthy) Marion A. Burke 71.16 71.16 Pro. 165163 Ralph G. & Mary C Semon,h/w 69.52 69.52 9353 469 Mr. Adams reported that he is at the Police Station a good deal of the time and many times the entire circle has cars parked by people attending meetings . He said there should be a place for police parking only. During Church services and meetings , the driveway is taken up by cars for two or three hours . Mr. Carroll asked if the Chief had anything to say on the subject, and Mr. Adams replied that he was Parking noncommittal, but some of the men spoke to him about it. Mr. Ferguson pointed out that there is a rear door far the police to use in taking in prisoners, and Mr. Adams said there are a number of times when it is better to bring them in the front door. Mr. Richards said he would not object if the Board decided to reserve two spaces for the police cars but he thought any marking should be unobtrusive . It was agreed to authorize Mr. Carroll to reserve space to accommodate two police cars . Mr. Adams brought up the subject of sending a letter of thanks to the Waltham Fire Chief for use of the ladder truck, used to fix the flag pole at Cary Building . He explained that the request for such a letter tame from Chief Engineer Beleastro. The Board did not feel that the letter should originate with the Selectmen. Upon motion duly made and seconded, it was voted to approve the petition and sign the order for the fol- lowing j/o pole location: Westview Street, southerly side, easterly Pole from a point approximately 60 feet east of the Bedford-Lexington Town location Line, -- Two poles--guy wire and anchor on each pole (Two existing j/o poles to be removed) . 540 cr Upon motion duly made and seconded, it was voted to renew the following Sunday Sales licenses, all having been approved by the Executive Health Officer: Wardrobe 's Pharmacy, Inc . Sunday Sales Renewal Manor Spa Brigham's Inc " n n Hancock Market Town Line Pharmacy, Inc. to ie n (All establishments checked and approved by Mr. Lurvey) . Licenses The Chatr?man el-plaided that ahe had taken the tdbarty of having the licensee checked. _Mr. Fergutoa 'spgg®'ted, and the Board agreed, that all the licenses should also be submitted to 1014 :thief' of Peace to fiaa bat.iwhether` or riot he has any objection to the renewals . Application was received from William G. Nowlin, 29 Maple Street, for a Guide license . Satisfactory references were received from Mr. Garrity and the Chief of Police . Guide Upon motion duly made and seconded, it was voted to grant the license and have the boy in next Monday to receive his badge . - ' The Chairman read a letter from the Chamber of Commerce , advising the Board that John A. Volpe, former Commissioner of Public Works, will be the speaker at Invitation the annual dinner meeting of the Chamber on April 26 at 7:00, the 1775 House It was agreed to acknowledge the letter and ad- vise that some members of theBoard would attend. The Chairman reported that the League of Women Votemobile Voters would like permission to park a Votemobile in the Center on Tuesday. The Board had no objection. At 9:25 P.M. , Mr Paul M. Mitchell met with the Board, at his request, to discuss the disposition of his front property line . The Chairman stated tht she had reported her Asbury St. conversation with Mr. M; tchell to the Board. She said she realized the condition may be a hazard but not any more than conditions existing in other yards Unfortu- nately it is in front of Mr. Mitchell 's place which makes it unattractive . Mr. Mitchell said he was concerned for the safety of his children, one of whom is twenty months old. He said he received estimates of what it would cost to have some work done and it means he would have to pay X number of dollars which he is financially unable to 541 do. He teaches school, and this year is on sabbatical leave . He is not certain of his plans next year and may be on leave of absence without pay. He said the Town created she problem and it exists because of Town work. Therefore, he feels the responsibility should rest with the Town. He stated that Frost & Higgins could not handle the job because of blasting. Fitzgerald in Winchester submitted a figure of $600 and Frost expense sub- mitted mitted $222. However, this is an he cannot handle . He said an abatement might be helpful to him in long range terms, but at the moment, it is not help- ful. The Chairman said that the Board would have to deliberate on the subject. Mr. Ferguson asked Mr. Mitchell just what it is that he wants, and Mr. Mitchell replied that he would like to have the property restored as nearly as possible to the condition existing prior to laying out the street . Mr. Ferguson asked if he had any pictures of how the property looked before the work was done . Mr. Mitchell said it was a gentle slope going down to the road. The Chairman asked if he ever considered having a wall added to some of the good ledge, and Mr. Mitchell 111 replied in the negative . II 0 Mr. Adams said there is the problem of aesthetic appearance and the problem of safety of the children; the latter could be taken care of by an fence of a tempo- - rary nature . Mr. Adams asked if Mr Mitchell owned the ledge, and he replied in the negative . Mr. Richards asked if any land was taken from Mr. Mitchell, and he replied in the negative Mr. Richards said that then there was no damage done to his property, and the Town did not have to pay him for taking any property. He said he understood that the Town could not appropriate money to do work on private property. Mr. Richards asked how much the betterment as- sessment was , and Mr. Mitchell replied $900 . Mr. Richards asked if Mr. Mitchell thought a fence was the answer, and he replied that he knows nothing about fences and would not be very happy to have a chain link fence in front of his property. He said he wanted more than a partial solution. Mr. Ferguson said that the land Mr. Mitchell is talking about is Town land and he wants the Board to beautify Town land. Mr. Mitchell said the same property was Town land when he purchased the house, but the land was 542 pleasing to look at and not a hazard to his children. In changing the topography, the Town has created a hazard to his children and defaced the property. Mr. Ferguson said it is Town property that has been defaced. The Chairman said that Mr. Mitchell feels an abatement would do him no good and he wants the Town to do something. There are no funds to do anything. She said the Board would have to discuss the subject a little more . Mr. Ferguson said he would like to see a picture of the property before the work was done . Mr. Mitchell said he would look and see if he could find one , and retired at 9:55 P.M. Mr. Ferguson said this is Town land and he would like to see what the situation was before the work was done . The Chairman read a letter, signed by Manuel J. Aruda and Ethel R. Aruda, stating they wished to License withdraw their application for a Package Goods Store license for the sale of all alcoholic beverages until further notice . Upon motion duly made and seconded, it was voted to accept the withdrawal. Upon motion duly made and seconded, it was voted to rescind the vote of the Board on April 11, 1960 to advertise Aruda' s application and to hold a public hearing. Upon motion duly made and seconded, it was voted Armory to invite Major General William H. Harrison, Jr. to meet with the Board next Monday at 7:45 P.M. to discuss the subject of locating an Armory in Lexington. It was agreed to invite Mr John Byrne , Jr. , Plumbing Inspector, to meet with the Board on Saturday Meeting morning at 9:00, Mr. Robert Jeremiah, Wire Inspector, to meet with the Board at 9:15, and the Fire Commissioners to meet with the Board at 9:45. Upon motion duly made and seconded, it was voted Patriots ' to send a letter of appreciation to the Town Celebrations Day Committee for the program planned in observance of Patriots ' Day. Upon motion duly made and seconded, it was voted to re-appoint Mrs . Eleanor Litchfield a member of the Town Celebrations Committee for a three-year term ex- piring April 30, 1963. 1 ' F The meeting adjourned at 10:55 P.M. rt A true record, Attest: ^• e 'ive lerk Select