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HomeMy WebLinkAbout1960-04-04-min 511 II SELEC TIM'S MEETING April 1.4., 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, April 1 , 1960, at 7:30 P.M. Chairman Morey, Messrs. Adams, and Ferguson were present . Mr. John J Carroll, Superintendent of Public Works, Mr. Stevens, Town Counsel, and the Executive Clerk were also pre- sent. Mr. Cole arrived at 7:50 P.M. and Mr. Richards arrived at 7:55 P.M. Hearing was declared open upon petition of the Boston Edison Company for permision to locate one pole on the Cambridge-Concord Highway. Notice of the hearing was sent to abutters as they appear on the most recent Assessors ' list . Pole lo- Mr. Mahon, representing the Boston Edison Com- cation pany, was the only person present at the hearing. Mr. Mahon explained that his company proposes to remove the wires from the present pole to relieve the New England Telephone and Telegraph Company be- ' cause the pole is heavily laden. He explained the location by use of a blueprint . Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the fol- lowing pole location: Cambridge-Concord Highway, southwesterly side, approximately 5 feet northwest of Spring Street, -- One pole . Mr. Mahon reported that the School Committee has applied for street lighting at the William Diamond Junior High School. He talked with Mr. Spiris in connection with the matter. There are seven private property poles on the school property now with a single Street fire alarm wire to the seventh pole, and on that pole lights is a fire alarm box. The School Committee has asked Wm. Diamond for four street lights in the area on poles 1, 3, 5 Jr. High and 7 . They want four 1,000 lumen units . He suggested School to Mr. Spiris that the Town might like to turn those poles over to the company for future maintenance, and the Town would be given the right to maintain the pre- sent equipment on the poles . Mr Spiris seemed to be in accord. He explained to Mr. Spiris that in order to get the seven poles in the Boston Edison plan it t2 CO would be necessary to go through the proper procedure , and Mr. Spirts suggested that the mattter be taken up with the Board and if agreeable, advise him of the Board' s interest in the matter. The Chairman asked if the company would give service to another abutter if it owned the poles . Mr. Mahon replied that it had been decided that would not be the thing to do, and the company would not do it in this particular case . He said there is no thought of feeding anyone else from this line . Mr. Stevens asked if the company would hang the fixtures and provide service if the Town owned the poles and Mr. Mahon replied in the affirmative . It was agreed to check into the subject further . Mr.Mahon retired at 7:45 P.M. Upon motion duly made and seconded, it was voted to execute the option, prepared by Mr.Stevens, for Option the acquisition of a small parcel of land adjacent to the strip off Grove Street leading to the new school location. Mr. Stevens reported tht he would attend the meeting of the Emergency Finance Board on Tuesday, Hearing on April 5, 1960, at which time the application for borrowing authority to borrow for constructirn of a new ele- mentary school will be considered. Mr. Stevens raised the question as to what the Board wants to do next on the Cataldo land. He re- commended that the Board obtain an appraisal from Mr. John Murphy, He said it appears that there will be court proceedings if the Board is going ahead with it. Mr. Adams asked if that was the next step or if the next step would be to take the property. The Chairman said the Board mould write Mr. Cataldo and ask if $40,000 is the lowest price he will consider. Mr. Stevens advised that the subject should be discussed this evening and if the Board approves, he would ask Mr. Murphy to make an appraisal and also have someone check the title and give further consideration to the restrictions and seek an opportunity to find out from the railroad as to the status of these restrictions . He said that when those steps have been taken and the Board is all set to proceed, it might be well to contact Mr. Cataldo and tell him the Board is prepared to go ahead unless he wants to negotiate . 513 Mr. Adams asked what would happen if Mr. Cataldo sells the land to someone else, and Mr. Stevens replied that the Town could take it . He said he would not re- commend drawing up the order until some of these things have been checked Upon motion duly made and seconded, it was voted to authorize Mr. Stevens to request Mr. Murphy to make an appraisal. Letter was received from the U. S. Army Engineer Division with reference to a right-of-entry, permitting the Town to install a sewer line beneath the spur track at Laurence "". Hanscom Field. A draft of easement to Sewer line supersede the right-of-entry was enclosed for approval. easement Mr. Stevens said he would like to check with John Carroll, and the subject was held over until the next meeting of the Board. Mr. Stevens referred to letter received from the MDC relative to the cost of proposed improvements to the system and reported that he talked with Mr. Herold Toole . He is going away the 12th of May and will be gone for about six weeks and it is doubtful if anything MDC can be definitely settled in the meantime . The Commis- sion has not heard directly from Waltham or from the Air Force . Metcalf and Eddy has just started the under- ground water study and will need the ninety days to com- plete it, which will be nearly the end of June . He said he could see nothing to do except to try and push the Air Force and work out an agreement with MDC to go as far as Watertown Street . He said the Board might want to study the subject further to determine whether, for the Town' s own interest, it wants to go to Waltham Street. He explained that if there is to be any change made , it should be made now. He said the Town has an obligation to supply water to people in Lexington and the Air Force is not in Lexington. He said he did not think the Town was under any obligation to supply water to the Air Force . It was agreed that Mr. Stevens would draft a letter to be sent from the Board to Colonel Sexton, Commanding Officer at Bedford, requesting an answer relative to the rates . License for a Package Goods Store , issued to Alfred S. Busa and Daniel P. Busa, 131 Massachusetts Avenue, was returned ?rom the Alcoholic Beverages Control Commision disapproved. Mr. Adams asked if there was any action to be taken by the Board, and Mr. Stevens replied tht applicants' 514 n cc Plc attorney is going to check and see if anything can be done . He said he did not think the Board should do any- thing. Mr. Stevens reported on the Campobasso claim for land damages arising out of a taking for slope easements Campobasso along Lowell Street by the State for sidewalks, and the claim Board authorized him to suggest a settlement in the amount of $1,000. Mr.Stevens retired at 8:35 P.M. Mr. Carroll reported that Paul Mazerall would like to plant some trees in Lexington Center, and said that both he and Mr.Mazerall think it would be a good idea, as do some of the merchants . Mr. Mazerall has done some research, and the suggestion was made that the Little Leaf Linden would be appropriate . He would not Trees do anything without first contacting the merchants through the Chamber of Commerce to determine how they feel about the suggestion. If the Board approves, he would like to plant about ten trees. The Little Leaf Linden will grow about thirty feet high and are about eight or ten when first planted. Mr. Adams said he would like to think this over. The Chairman said this is a new idea and the Board should look at the proposed locations and think about it for a while . It was agreed to discuss the subject again at the next meeting. Mr. Carroll said that he would like to change the effective date for the dump regulations to Monday, May 2, 1960, and the Board had no objection. Mr. Ferguson suggested that the attendant wear a uniform or a cap to distinguish him from anyone else Dump who might be at the dump. It was also agreed that the attendant should be appointed a Special Police Officer subject to the approval of the Chief of Police . Mr. Carroll presented a plan entitled "Civil Defense Plan" and reported that prices had been obtained Civil on wooden stairs but he definitely feels the stairs Defense should be steel. He stated that the room will be perma- nent whether used by Civil Defense or not . Upon motion duly made and seconded it was voted to have the stairs constructed of steel. The Chairman read a letter from the Board of Health reporting that there are seven homes on Young Stree , three of which are having tttable due to high 515 ground water condition and are using sump pumps to cope with the problem One of these three and pos Lbly two is having difficulty with sewage disposal. Young Street The Chairman was authorized to write the Board of Health again for more definite answers to the questions contained in the Board's letter of March 28. Further consideration was given to Mr. Paul Mitchell' s letter relative to the topography of this property at 25 Asbury Street. Mr. Carroll said that the betterment assessment was $900 and the first time Mr. Mitchell wrote him, he ad- vised that he request the Board to consider a partial abatement. It was agreed to invite Mr. Mitchell to meet with the Board to discuss the subject further. Mr. Carroll retired at 9:00 P.M. The Chairman reported that she had talked to Mrs . Frank Willey, 3 Loring Road, who had an appointment with the Board at 8:30 P.M. Mrs. Willey wanted it clearly understood by the Board that she believes the roaches, Dump I two types, in her home originated in the dump, that the flies were unbearable last summer and that the dump, of 11 which she had no knowledge before moving in, is a health menace, etc. Mr. Carroll and Mr. Lurvey have both been in touch with her. The Chairman told her the extensive pest control was planned f or this year. Mr. Donald K. Irwin, Building Inspector, met with the Board at 9:15 P.M. The Chairman explained that the Board had decided this year that it would like to talk to the various individuals whose appointment comes under its juris- diction. She said that one of the questions that keeps coming up is investigations of possible violations of the Zoning By-Laws. Mr. Irwin reported that individuals making complaints by telephone calls have been asked to submit them in writing, and this has been done on advise of Town Counsel because in many instances the complaint has something to do with a neighborhood situation. At least 50% of the complaints are discouraged when asked for in writing. Mr. Richards reported that a stairway in the house at 855 Massachusetts Avenue, owned by Mr. Pichette, collapsed three wets ago and the tenant has been hospi- talized with her body in a cast at Symmes Arlington Hospital. He said he thought Mr. Irwin should go down 516 CD CV and take a look at the house. The subject of violations and enforcement was dis- cussed at length, and Mr. Adams said he thought the Board should meet with the Planning Board and Town Counsel and work out a definite program. Mr. Irwin agreed that a program would have to be prepared and it would be necessary to have 100% cooper- ation of all Boards involved. Building The Chairman said the Board would advise Mr. Irwin Inspector of what action is to be taken on the subject of enforcing (Zoning) the Building and Zoning By-Laws. It was agreed that until the Board informs Mr. Irwin of a change in policy, he would continue as he has been in the past . Mr. Irwin retired at 10:10 P.M. Mr. Richards suggested that the Building Inspector submit monthly reports of all complaints that have been made andwhat action has been taken on each. He also suggested that the Building Inspector check the permits granted by the Board of Appeals to determine whether or not the tenure of the permits is being exercised. Upon motion duly made and seconded, it was voted to get better and more equitable enforcement of the Zoning and Building By-Laws . Upon motion duly made and seconded, it was voted Chapter 90 to sign petition to be filed with the County Commissioners for improvement of Winchester Drive , Lowell and Maple Streets, Chapter 90. Upon motion duly made and seconded, it was voted to approve Surety Bond #821849 in the amount of $1,000 Bonds on behalf of Kenneth M Cox as Constable and Surety Bond #632130 in the amount of $1,000 on behalf of Hazel J. Murray as Executive Clerk to the Board of Selectmen. Upon motion duly made and seconded, it was voted to sign application for Certificate of Incorporation Cert. of on behalf of Peter A. D'Arrigo, 1 Lantern Lane , satis- Inc . factory character reference having been received from the Chief of Police . Application for public carriage license was re- ceived from William J. Ahearn, 51 Edmund Road, Arling- ton and Paul Rivais, 6 North Street, Lexington, who intend to purchase and continue the operation of the Minute Man Cab Company. It was agreed to call attention to the Rules and Regulations governing taxicabs and advise thatthey will have to be complied with before a license is granted. 517 Mr. Levi Burnell, Chairman of the Planning Board, came into the meeting relative to the subject of lo- cating an armory in Lexington. He said the members of the Planning Board show little enthusiasm for it. Armory However, if the Selectmen would like them to work on it, they will be glad to look for a location and make a full report a little later on. The Chairman explained that General Whitney would like to meet with the Selectmen and talk about locating in Lexington . Mr. Burnell reported that the Planning Board has talked about it, but done nothing further. The Chairman said that if the Planning Board thinks there is a reasonable area for an armory, the Selectmen would like to know. Mr. Burnell said that three to four acres would be the minimum and it is not in their planning, so they would have to change their conception of plan- ning. Mr Adams said that the use of an armory has some advantages to the Town and he thought it was worth a thorough investigation. The Chairman asked Mr. Burnell to find out what areas might be suitable and advise the Board. Mr. Burnell agreed and retired. The Chairman read a letter from Paul B. Lloyd requesting permission, on behalf of the Lexington 1.11 Horse Club, to hold its Annual horse showron May 8, 1960, on land owned by Mrs . W. John Baskin Horse Show and located at the rear of Porter Bros . and Wilson greenhouses on East Street . Upon motion duly made and seconded, it was voted to grant the request. The Chairman read a letter from the Lexington Little League, Inc. , requesting permission to conduct a parade on Saturday, April 23, from the Mgzzey Junior Parade High School to the football field near the High School. Upon motion duly made and seconded, it was voted to grant the request. The Chairman read a letter from Sumner D. Zimmer, Scoutmaster, Maynard, Mass. , requesting permission, on behalf of the Boy Scouts of Acton, to sell balloons on April 19. April 19 Upon motion duly made and seconded, it was voted to deny the request, continuing the policy of gra.nt- ing such requests to local groups or organizations. 618 n cv Inc Letter was received from the National Honor Society requesting permission to erect a booth in front of the East Lexington Library and one in front of Cary Memorial Library for the sale of coffee and doughnuts on April 19. April 19 Upon motion duly made and seconded, it was voted to grant the group permission to use the sidewalk at the East Lexington branch library and to advise that if they can obtain permission from the owner of private lawn for the second booth, the Bca rd would have no objection. Letter was received from the Junior Chamber of Com- merce , requesting permission to erect a booth at the April 19 driveway at the service entrance of Cary Memorial Library, adjacent to the Douglass Funeral Chapel drive- way on April 19. This location was granted to the Chamber last year. Upon motion duly made and seconded, it was voted that the request be granted. It was agreed to review the subject of location of booths on April 19 next year before any requests are granted. Application was received from James E. Berens, Boy Scouts of America, requesting permission to conduct interviews in a conference room, Cary Memorial Build- Use of ing, on April L , 5, 6, 7, 11, 12, 13 and 14 from 2:30 Conference P.M. until 1 :00 P.M. Room Upon motion duly made and seconded, it was voted to grant the request. The Chairman read a letter from Mr. Carroll, Town Resignation Clerk, advising that Paul K. Palmer has resigned as a member of the School Street School Building Committee and the Capital Expenditures Committee . Further consideration of annual appointments was held over until the next meeting of the Board. The list of Special Police, submitted by the Chief, was held over until the next meeting of the Board. Upon motion duly made and seconded, it was voted License to renew the Auctioneer' s license held by Mrs . Jeanette M. Kanis, 93 Spring Street, Lexington. The subject of traffic and parking at Adams and East Street was referred to the Traffic Study Committee . 519 Notice was received of an Evening Seminar for Selectmen to be held in Concord on Wednesdays April Seminar 27 through May 25. It was agreed to enroll the entire Board. Upon motion duly made and seconded, it was voted to cancel the meeting of the Board scheduled for April 18 and to hold the regular meeting that week Meeting on Wednesday, April 20, at 7:30 P.M. Upon motion duly made and seconded, it was voted to sign the Warrant for the April 26 Primaries. Primaries Upon motion duly made and seconded, it was voted to grant the petitions and sign the orders for the following 3/o pole locations; said locations having having been approved by Mr John Carroll: Cambridge-Concord Highway, southwesterly side, approximately 5 feet northwest of Spring Street,-- One pole . Linmoor Terrace , westerly side, northerly from a poiit approximately 20' north of North Hancock Street, -- Seven poles. Linmoor Terrace , northerly side, easterly from a point approximately 115' east of Crawford Road, -- Two poles. Burnham Road, westerly side, northerly from a point approximately 25' north of East Street, -- Five poles . guy wire and anchor on the 5th pole . Peacock Farm Road, southwesterly from a point approximately 110' southwest of Baker Avenue, -- Eighteen poles. Welch Road, southerly side, westerly from a point approximately 55' west of Estabrook Road, -- Six poles . The meeting adjourned at 11:10 P.M. A true record, Attest: /-ec tA i ve tie r/k!, Se le c r =n