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HomeMy WebLinkAbout1959-12-07-BOS-min 316 0-1 C: cc no SELEC TMEN'S MEETING II December 7, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, December 7, 1959, at 7:30 P.M. Chairman Maloney, Messrs . James, Adams, Ferguson and Mrs . Morey were present . Mr. Stevens, Town Counsel, and the Executive Clerk were also present. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of two jurors . Mr. George C . Jurors Henderson, Jr. , 136 Maple Street and Mr. Edwin L. Key, 9 Blueberry Lane , were drawn for jury duty Mr. Carroll retired Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen' s Meeting held on Monday, November 30, 1959. Further consideration was given to Messrs William and Murray Potter's request for establishment of a park- ing area on land owned by them and located on Waltham Street in the vicinity of Marrett Road. Mr. Stevens advised that in a residential area public schools, parks, playgrounds and other municipal buildings or uses are permitted which he thought in- Parking eluded a municipal parking area. He reported that area there is a case in the Supreme Court (Judge Morton) in which Wellesley had public schools or other public uses and there were several parking a-eas established. The one in which litigation developed, Judge Morton decided that other public uses did not include a public parking area and the case was appealed. The Town Meeting amended the By-law by specifically including municipally owned parking areas . In subsequent litigation, the Court up- held the right of the Town to establish by Zoning By-law the right to have a municipal parking area in a resi- dential zone . He said, by itself, he thought that gives the Town the right to do it . Mr. Stevens said that then in the Use of Land, Section 9, there is a clause stating that no land in an R 1, R 2, or A 1 district shall be used to provide off street parking for a business enterprise or for any other purpose not incidental to the primary permitted use of said land, and he would have to say this leaves it in doubt He stated that it is not clear and it would seem appropriate, if the Planning Boa-d agrees, 377 to add "but this shall not prevent municipally owned or operated public parking areas in such districts ." He explained that if this is not included, it is question- able if it could be done or not He said there would have to be an appropriation and it would be voted on at a Town Meeting . Mr. Adams said he felt the best way would be to amend the Zoning By-law and then there would be no argument . Mr. James agreed that it should be done as sug- gested by Mr. Adams . Mr. Stevens explained that it would tale a Town Meeting vote to acquire the land and that would give people an opportunity to act on it Mr . Stevens agreed to discuss the subject with the Planning Board and find out how that Board feels about the matter . Mr. Stevens retired at 8 :35 P.M. Mrs . Morey left the meeting for an hour to meet with the Appropriation Committee to discuss the library budgets . Mr. R L . McQuillan and Dr . William L . Cosgrove of the Board of Health, met with the Selectmen. Mr . McQuillan explained that he had requested an appointment to meet with the Board to discuss salaries, but might want to discuss the other budgets . He ex- plained that the salary of $6300 requested for Mr. Health Lurvey represents an increase of $300, which the Board budget feels is necessary to keep him. He said the Board feels that it will have to increase the salary each year until the Executive Health Officer is paid what he is worth. He stated that it will not be neces- sary to engage an assistant to the secretary and the Board would like to see Mr. Lurvey' s salary brought up to its proper place before considering an assistant to him. Mr. McQuillan reported that the majority of towns have Milk Inspectors and do not have a laboratory but send the specimens out . Most towns the size of Lex- ington have a town physician. He stated that the Ap- propriation Committee felt that the Board of Health was right and wanted to know if it was requesting enough. The Committee also asked the Board to take $1500 off the Expense budget . Dr. Cosgrove explained that the Board of Health inherited the Posture Clinic and the Dental Clinic. It also received a letter d$ resignation from the Dental Hygienist who actually ran the clinic in the schools . He got in touch with her, corresponded with 378 CC her three or four times and found out that she resigned because she requested 43600 and was told it would nrt be approved Dr Cosgrove told her that if she came back, he would ask for the $3600 even though he could not guarantee that she would get it. He said the Ap- propriation Committee feels inclined to favor some- thing around $3400 and that is where the situation stands . The Chairman asked what this individual did, and Dr. Cosgrove replied that she goes from one school to another, establishes educational program, assists the dentist at the Junior High School and cleans teeth of children attending the Clinic and the Junior High School. He explained that the dentist is paid by the day and the appropriation therefore is not necessarily all used. Mr . Adams asked if the amount recommended for Mr. Lurvey is at the rate of $6300 and the amount for the hygienist is at the rate of 43600. Dr. Cosgrove replied in the affirmative . The Board of Health retired at 8:50 P.M. Mr. Donald Noyes, Chairman, Messrs . Warden, Wood- berry and Mrs . Souza, Capital Expenditures Committee, met with the Board. Mr. Noyes said thatthe possible third fire station was discussed last year and the Selectmen felt that there was no evidence that there would be the need of a fire station in 1961 and the Committee also expressed the same opinion in its report . However, the item stilL' appears as a request for 1961, the only new evidence being the Raytheon building. The Chairman explained that a year ago a committee studied this subject and unanimously agreed that there is no need for a third station. Mr. Adams said one other possible factor is the National Park and there is a question as to what should be done with the land abutting the three towns . He said if land in the area should be rezoned for motels, there would be a definite factor and Mr. James said that is several years away Mr. Noyes said it is not up to his Committee to argue for the site but to determine the need He said he thought someone should tell the Fire Commissioners that there will not be a need for another station for five or ten years and ask them to delete this item. Mr. Ferguson asked about the reasons given for a new station, and Mr. Noyes replied that the Fire Under- writers ' report of a number of years back recommended a 379 third station. He said that there is a time element reaching the various parts of the town. The Commissioners say they have measured off running between points and this station at Marrett Road would acc.ount for two minute savings in getting to that area. Increased traffic in Town, particularly at five o'clock, might make a factor of five or ten minutes. The Chairman said that Spring Street and Marrett Road are both heavily traveled and Mr. Adams said that no one knows what the traffic pattern will be Mr. Noyes said that he is not strongly in favor of recommending a new station in 1961, but the Fire Com- missioners still want it. If the Committee reports there is no need for it,the -Coimaibsioi rs will again request it in 1961 and he does not think the Committee is doing a good planning job by saying there is no need for another station when the Commissioners say there is . Mr. Ferguson pointed out that a new station would be manned twenty-four hours a day and asked if it would have one or two trucks, a ladder, or brush fire equipment He said a considerable sum of money could be spent and not areat deal added to the safetyof the Town. g Mr. Noyes said that the Committee does not see a need for a third station in 1961. It does think there is an eventual need and would like someone to convince the Fire Commissioners that the issue is ten years away or try to pinpoint the timing. Mr. Noyes said he wrote to the Civil Defense Director and he feels that the Town fire alarm system which would be used as an alert system is not sufficient because it cannot be heard throughout the Town Something should be done in 1961 to correct this at an estimated cost of $4,000. The second item was a rescue service truck for 1962 Mr. Adams said the fire alarm system is essential, but the second item could be put in the future column. The subject of a new ladder truck was discussed, an atlas requested by the Board of Assessors, the Re- creation budget and Public Works budget were also dis- cussed. The Committee requested another meeting with the Board on January 25 at 8:30 P.M. , and retired at 10:25 P.M. The Chairman read a letter from Mr. Raymond E. Murphy, 443 Bedford Street, asking for the installation of side- walks before winter sets in. Sidewalk Inasmuch as Bedford Street is a State highway, it was agreed to refer the letter to the State Department ' of Public Works 380 CC 1.4 The Chairman read a letter frorrj Mr. Raymond Doucette , 33 Reed Street, in which he stated that while entering the dump, he struck a lerge rock resulting in damages estimated to be 624.10 Mr. Carroll talked to the dump attendant, and the incident was substantially as stated by Mr. Doucette . Claim The rock had fallen off a truck that went into the dump but it was in plain viey. He checked with Mr. Stevens and was advised that the Town is not liable . It was agreed to so advise Mr. Doucette . Upon motion duly made and seconded, it was voted to grant the petitions and sign the orders for the fol- Pole lowing j/o pole locations, all having been approved by locations Mr Carroll : Brookside Avenue, northerly side , easterly from a point approximately 25 feet east of Waltham Street, -- Six (6) poles . Williams Road, northerly side, easterly from a point approximately 75 feet east of Dexter Road,-- Eight (8) poles . Stonewall Road, southerly side, easterly from a point approximately 5 feet east of Barberry Road, -- Four (4) poles Rowland Avenue , southeasterly side, southwesterly from a point approximately 40 feet south- west of Massachusetts Avenue , -- Three (3) poles . Colony Road, northerly side, westerly from a point approximately 50' west of Grant Street, -- Six (6) poles . Colony Road, southeasterly side, southwesterly from a point approximately 715' southwest of Grant Street, -- Two (2) poles. Theresa Avenue , northeasterly side, northwesterly from a point approximately 90 feet northwest of Bow Street, -- Two (2) poles . Theresa Avenue , southwesterly side, northwesterly from a point approximately 305 feet north- west of Bow Street, -- Four (4) poles . 381 Cherry Street, southwesterly side , southeasterly from a point approximately 75 feet southeast of Charles Street, -- Two (2) poles . Mason Street, southwesterly side , northwesterly from a point approximately 20 feet northwest of Peacock Farm Road, -- Three (3) poles. Ivan Street, southwesterly side, southeasterly from a point approximately 15' southeast of Eldred Street, -- Eight (8) poles . Fuller Road, southeasterly side, northeasterly from a point approximately 65' northeast of Harding Road, -- Seven (7) poles . Lockwood Road, northwesterly side, southwesterly from a point approximately 50 feet southwest of Byron Avenue , -- Three (3) poles. Byron Avenue , northeasterly side , approximately 75' northwest of Lockwood Road,-- One (1) pole . Byron Avenue , north4asterly side, opposite and southeasterly fromLockwood Road, -- Two (2) poles. Braemore Terrace , westerly side , approximately 30 feet north of Liberty Avenue , -- One (1) pole . Hillside Terrace , westerly side , approximately 651 north of Ledgelawn Avenue , -- One (1) pole . Peacock rarm Road, westerly side, northerly from a point approximately 25 feet north of Water- town Street, -- Six (6) poles Peacock Farm Road, southerly side, easterly from a point approximately 115 feet east of Mason Street, -- Three (3) poles. Sutherland Road, southeasterly side, southwesterly from a point approximately 140' southwest of Cherry Street, -- Nine (9) poles . * See Page 384 for additional pole locations approved. 382 0.4 Notice was received from the State, Depatment of Natural Resources, advising that a survey had been made and the following amounts should be appropriated: Dutch Elm $7, 600 for Insect Pest Control; $15,000 for Dutch Elm budget disease control. Anything less than these amounts will be detrimental to the shade tree program. Pursuant to requirements of Chapter 132, Sec. 14, G .L , the Com- missioner determined that the financial liability of the Town for 1960 is $7,569.74 for Insect Pest Control; $10,000 for Dutch Elm Disease control or a total financial liability of $17,569.74 The Chairman read a letter from Mr. Irwin, Build- ing Inspector, relative to the zoning violation at Zoning 258 East Street. As a result of his investigation violation and subsequent conversation with Mr. Seed, he believes that the situation will be corrected within the time limit and the violation eliminated. Letter was received from Lt. Col. Robert C . Wells , with reference to claim of damage to the home of Mrs . Claim William Balsor, 40 Winthrop Road, which she believed was caused by sonic boom. A complete investigation was made and her claim filed for final disposition. The Chairman read a letter from Chief Rycroft, advising that Mrs . Margaret C . Tyler, the policewoman Appointment on duty at Oak Street, resigned as of November 15, 1959 He submitted, for the Board's consideration, the name of Mrs . Eleanor M. Boyle , 3 Curve Street, one of the applicants who met with the Board a few months ago. Upon motion duly made and seconded, it was voted to appoint Mrs . Eleanor M. Boyle , 3 Curve Street, as a policewoman for school traffic duty to replace Mrs Tyler . Letter was received from Mr. Donald E. Nickerson, Appointment accepting appointment to the Minute Man National His- torical Park Advisory Commission. Letter was received from the Appropriation Committee , Transfer advising that the amount of $1,200 had been transferred from the Reserve Fund to the Planning Board Expense Account . An inquiry was received fromMr. Spirts, Adminis- trative Assistant, School Department, relative to closing the offices the day before Christmas . It was agreed to close the Town Offices at twelve noon on Thursday, December 24th 38 '► Certificate of Incorporation was received on be- half of Philip N Poulleys, et als, Middlesex Hellenic Orthodox Association, Inc , the location to be on Meriam Street Satisfactory character references were received from the Chief of Police The Chairman agreed to contact Dr Mooney, one Cert . of of the incorporators, to determine the exact location Inc . on Meriam Street before returning the certificate to the Secretary of State . The Chairman reported that a petition had been received for installation of a sewer on Grove Street because of the serious health manace caused by over- flowing cesspools in the area Sewer No action can be taken on the petition at this time as the sewer is not available and will not be available for at least another year . Upon motion duly made and seconded, it was voted to establish January 4, 1960, as the closing date for the Warrant for the Annual Town Meeting. Warrant Upon motion duly made and seconded, it was voted to re-appoint Mr James J. Connell to the Board of Assessor I Assessors for a term expiring January 1, 1963 . Upon motion duly made and seconded, it was voted to re-appoint Mr. Cyrus Wood to the Historic Districts Hist . Dist . Commission for a term expiring January 1, 1965 Commission Upon motion duly made and seconded, it was voted to grant the following licenaes Licenses Wbodhaven Country Store Common Victualler (ren'wl ) Handock Market Carriage House Restaurant n n n Countryside Delicatessen Regent Delicatessen Co. Oid,C df2ee_House n n n Wild Acre Inn rr u n Wild Acrd. Inn. Innkeeper Auto Rugineering Inc. 1st Class Agent Rowe-Jackson Chevrolet, Inc. " It ft Dunn Ford Sales Inc Connors Bros . , Inc . Package Goods Store " Mr. Adams brought up the subject of the proposed Garden apartments, Waltham Street, to be constructed 1 384 z ct Plc by Lexington Realty Trust, and the Chairman was in- structed to ask the Chairman of the Planning Board how much nearer they are to a solution. He also agreed to ask if there is any need for a discussion with both Boards . The Meeting adjourned at 10:55 P.M. A true record, Attest / xec tive/Clerl , Selectr4 *Rhodes Street, northwesterly side, approximately 110' northeast of Massachusetts Avenue, -- One pole . Rhodes Street, southwesterly side , opposite Lockwood Road, -- One pole . 0 c1'