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HomeMy WebLinkAbout1959-06-22-BOS-min 184 CC PIC SELECTMEN' S MEETING June 22, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, June 22, 1959, at 7:30 P.M. Chairman Maloney, Messrs . Adams, Ferguson and Mrs . Morey were present Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present. The Clerk had a notation on the agenda that Mr. Minutes Sheldon had been appointed Forest Warden and not Mr. Roeder as typed in the minutes of the meeting held June 15, 1959. Upon motion duly made and seconded, the minutes of the Selectmen' s Meeting held on June 15, 1959 were declared approved. Mrs. Morey said she thought the Board should send a memo to the Planning Board suggesting that until the entire length of proposed Worthen Road, or any other road, is built, there should be some system adopted for Worthen naming the sections submitted to the Planning Board so Road that there will be no confusion as to which section is meant for Town functions or postal addresses of houses located in the sections . It was also decided not to type the meeting of June 15th in the permanent record book until the Board receives some specific information from the Planning Board as to which section of Worthen Road is referred to . Hearing was declared open upon petition of theNow England Telephone and Telegraph Company for approval of proposed manhole and conduit locations on Forest Street, Manhole and Waltham Street and Marrett Road. Notice of the hearing conduit was sent to all owners of abutting property. locations Mr. Consilvio, representing the telephone company, was the only person present at the hearing. Mr. Consilvio explained that the plans originally submitted have been changed as of today to conform to M£. Carroll' s request and the revised plans show water and sewer main locations. He said this project is Sub- mitted because the trunks that serve the area towards Waltham are getting tighter, and it should last a mini- mum of twenty-five years . He stated that the main pur- pose of running the cable is to serve that portion of Lexington where Cabot, Cabot and Forbes, developers, and Raytheon plan to erect a large home office . This is to bring telephone service into that location. The project 185 will be started about the middle of July and continue for six weeks, but there will be no inconvenience to anyone . People leaving their garages in the morning will be able to drive back in at night . He said he hoped to have police inspection to take care of the traffic. The Chairman said that the Board would expect the streets to be left in good condition and Mr. Consilvio stated that the company will do a good job and it is familiar with the town specifications and the conditions under which it has to work Mr. Carroll explained that the proposed work is practically all on the sidewalk and there is a problem involving trees. He has already notified the telephone company that he does not want any trees taken down. Mr. Consilvio said that is understood. Mrs. Morey asked if the *iresc codxld be run Under We,lthaai Street to.aervice Worthen Road and the apartment house area. Mr. Carroll elpiained that there will be wires overhead to Worthen Road and he could not see how they could be avoided. If an underground service is re- quested, it would be taken over from somewhere in Waltham Street, but that is away in the future . Mr. Consilvio retired at 8:50 P.M. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the fol- lowing manhole and conduit locations: Forest Street: From existing manhole 54/72 at Waltham Street, southwesterly approxi- mately 23 feet of conduit. Also, enlarge manhole ; Waltham Street: Between Forest Street and Marrett Road, approximately 3891 feet of conduit Also five manholes; Marrett Road: From existing manhole 54/66 at Waltham Street, easterly approximately 346 feet of conduit. Also enlarge one manhole Marrett Road: From existing manhole 54/66 northerly approximately 28 feet of conduit . Notice was received from Mr. Carroll of a claim for damages filed by Charles J. Isber, attorney for Inez C . Gay, 9 Lawrence Street, Woburn, who fell on the sidewalk in front of the premises of Baker ' s Store, 1759-1761 Massachusetts Avenue . 186 :7 tx' Mr. Adams said this was the same place that Mrs . Milne fell, but she would not file a claim. Mr. Carroll reported th, t he checked with the Claim police today but there was no report and he will check with Mr. Baker in an effort to obtain more in- formation. Mrs. Morey said that this is the fourth sidewalk accident in the last few months and she felt that the Sidewalks Board should ask two men to check the sidewalks. Mr. Carroll reported hat he las already arranged for sidewalk checking starting tomorrow. Upon motion duly made and seconded, it was voted to sign a deed, prepared by Town Counsel, conveying tax title lot 18 anu part of 17 Sylvia Street to Alexander MacMillan, 23 Sylvia Street. Upon motion duly made and seconded, it was voted to approve the petition and sign the order for the following j/o pole locations, all having been approved by Mr. Carroll: Fairlawn Lane, northwesterly side, north- easterly from a point approximately 25 feet northeast of Lowell Street,-- Two ales; Fairlawnn Lane , southeasterly side, north- Pole easterly from a point approximately locations 235 feet northeast of Lowell Street,-- Two poles ; Fairlawn Lane, northwesterly side, north- easterly from a point approximately 425 feet northeast of Lowell Street,-- Thirteen poles. Telephone call was received from Mrs. Abraham Korn, 24 Blueberry Lane, who was speaking for a group of mothers whose children attend the Harrington School. She said that at thi corner of Winchester Drive, turn- ing into Lowell Street, there is a curve and the children Sidewalks cannot see the cars going along Lowell Street and the drivers cannot see the children coming down Winchester Drive . There are not sidewalks on Winchester Drive and she would like to hear from the Board on the subject. It was decided to advise Mrs. Korn that the Select- men have authorized installation of sidewalks in areas recommended by the Lexington School Committee and has relayed her message to that Committee for ccisideration when a list is being compiled of areas where additional sidewalks may be of help to the school situation. 187 Further consideration was given to Mr. Lipton' s request for permission to erect a marquee at the Battle Green Inn, 1720 Massachusetts Avenue . Mr. Adams reported that Mr. James was not in favor of granting the request, but suggested that it Marquee be referred to the Board of Appeals. Following a brief discussion with Mr. Stevens, it was unanimously voted to deny the request and to ad- vise Mr. Lipton that the Board is opposed to the erection of marquees . Upon motion duly made and seconded, it was voted to sign a Certificate of Incorporation statement, on Cert. of behalf of Louis Tropeano, 19 Revere Street, satis- Inc . factory character reference having been received from the Chief of Police . Copy of a letter from Mr. Mitchell Spirts to Chief Rycroft, commending the co-operation of the Police De- partment in working on school problems, was received and placed on file . Mr. and Mrs . Andrew Ferry, 86 Wood Street, met with the Board relative to tax title lots 325-330 Wood Street . Mrs. Ferry stated that she purchased some tax title lots in 1951 but has never been able to obtain a tax bill. She was told that it would come through but it never did. In 1954, she received a tax bill for one lot and when she asked for the tax bill on the other lobs,was told that the title was clodded but she would get it . At that time, she engaged a lawyer who is now putting the lots through Land Court, and in the meantime , she is still trying to get a tax bill. She said two weeks ago she asked about the lots and was told that she lost them because the taxes were not paid. She said she was Tax title also told by the Assessors ' office that she lost the lots because the taxes were not paid but it was also admitted that she was never billed for the lots. The Chairman asked if Mrs . Ferry had a deed and she replied in the affirmative , She presented it to the Chairman and it was signed by Robert C . Johnson granting lots described on a plan of Colonial Heights as 325-330 inclusive on lot 281, Book 185, Page 43, South Middle- sex Registry of Deeds. These lots were deeded to Mr. Johnson by Lulu Blake April 12, 1950 and recorded January 19, 1951. Mr. Stevens asked the name of the attorney, and Mrs . Ferry replied that she engaged J. Arthur St. Onge of Bedford L._ 188 CD CC Mr. Stevens said he thought her attorney should contact him and he would be glad to take the deed and look into the matter. He said there is some question relative to the Blake lots sold to Mr. Johnson. Mrs. Ferry said that her attorney's bill is now up to $710 She paid $100 for the lots and $50 to Mr. Johnson' s attorney. Mr. Stevens took Mrs. Ferry ' s deed and the Select- men' s file on the lots in4 uestion. Mr. and Mrs . Ferry retired at 8:25 P.M. Mr. Warren D. Smith, 10 Westminster Avenue and another gentleman met with the Boa d . Mr. Smith said he wanted to find out who made the complaint in regard to operation of a junk yard on his property. The Chairman stated that he did not know who made the complaint, but as he understood it , someone com- plained that the property was being used for a junk yard, and the complaint was made to a member of the Board of Selectmen. Mr. Smith said he wanted to know who made the com- plaint and asked if it was proper to make a complaint without writing. The Chairman explained that if Court action were taken, witnesses would have to be summoned, but this is just an informal complaint, and Mr. Smith received a letter from the Building Inspector who enforces Zon- ing By-Law Mr. Smith said he has material in the yard that he bought to build a fence and he has a welding machine . The Chairman said that he explained to the Board knowing what he did with the equipment, and the Board was satisfied and that is the end of the matter as far as the Board is concerned. Mr. Smith said he had a right to know who made the complaint and if he had to go to Court over it, that would be all right with him. The Chairman explained that as far as the Board is concerned, the matter is closed. Mr. Smith and the other gentleman retired at 8:35 P.M. The Clerk was instructed =o find out what Mr. Irwin wrote in his letter to Mr. Smith. Mr. Carroll reported on the Raytheon Water situation, and said that indications are that Raytheon does not want to go along with putting a 12" main through its property He said there was a tentative approval from Raytheon that it might install this main and the Town would rein:- 1 189 burse it for the difference between a 12" and an 8" main, and money was appropriated at the Annual Town Meeting for installation of a 12" main. Now Raytheon may install its own main at its own expense . He said he questions if this has been thoroughly thought through by Raytheon and Mr. Stevens thinks Raytheon has been disappointing all along because now the intention is Raytheon to develop in from Spring Street only a short distance . water He said he would try and impress upon Mr. Tetslaff that this is going to be their own water system; the Town will have a pit on Spring Street with a large meter and they will have to pay for it and all the water will be metered which will be expensive . He will advise him that where the Town will put the 12" main it it would have an easement, own, operate and maintain the main and the only water metered would be water in their building. Mr. Stevens said that it would be legal to meter water for fire protection. Mr. Carroll said the next step is for him to con- tact Mr. Tetslaff and find out exactly what Raytheon is doing and report back to the Board. Mr. Carroll reported that bids on the street con- tract were opened today which include North Hancock,Webb and Homestead Streets and some sidewalks. He said when he worked on North Hancock Street with Whitman & Howard, he told them he wanted to do the best j ob possible as Street and far a design went, and that meant putting in some sidewalk stonewalls. bids He reported that the low bid was $136,501.00 and the second low bid was $147,512, about $16,000 over the amount available not including engineering. He said the Board could re-advertise after changing the plans and specifications, but he did not think that would ac- complish anything; the Board could ask for additional money but by doing so, North Hancock Street will be built at an exorbitant cost. The third solution would be to delete the walls on North Hancock Street as the cost of those alone is $33,000. The Lowell Street side- walk is about $15,000 if that should be eliminated. Mr. Adams said he thought that sidewalk should be taken out, and referred back to the School Committee . Mrs . Morey said that it is essentially a. street widening and not just installation of a sidewalk. Mr. Carroll recommended deleting the Lowell Street sidewalk and the walls nn North Hancock Street, possibly redesigning them. He said it may be that it could be redesigned so there will be a concrete base and a field- stone wall above the grade which will be less expensive . 190 act He said he thought of letting a contract for the wall independently but did not think it would work out. Mrs. Morey said that if stakes could be placed at the edge of the town' s ownership and stakes where slope easements might be, she may want to take cost of a modified wall herself rather than have a slope easement, and that might be the choice of the people next to her. She said stakes should be placed before people are asked to sign slope easements. Mr. Carroll said he could do that, but he wanted to go over the bid item by item to find out just where he stands. He said if certain items are deleted, it might be possible that someone else will be low bidder but he would advise the Board if that happened. He ex- plained that in the contract document , the engineer has the right to delete part or all of any item. The Chairman asked if Mr. Carroll could get a separate bid on the walls and he said he could ask for separate bids and then the prime contractor could bid on the walls as well as the others . It was agreed that Mr. Carroll should go over the items and work out some solution to be submitted to the Board. Mr. Carroll reported that construction has been started on the access road and drainage will soon be put in Bedford Street. The Chairman read a letter from Minute-Man High- lands Association suggesting that Pleasant Street between Route 2 and Concord Avenue be limited to light trucking. It was agreed to ask the Chief of Police to have a check of the traffic on this section of Pleasant Street made and a report submitted to the Board. The subject will then be referred to the Traffic Study Com- mittee for study and recommendation. The Chairman reported that it has been brought to his attention that the Town does not have a Tree Warden as Mr. Mazerall was not appointed when he took over the duties after Mr. Brenton' s resignation. He asked if Mr. Carroll thought he qualified, and he replied that Mr. Mazerall is doing an excellent job. Upon motion duly made and seconded, it was voted to appoint Paul E. Mazerall a Tree Warden for a term expiring March 31, 1960. The Chairman suggested that the Traffic Study Com- mittee consider the possibility of prohibiting parking 191 II on Bedford Street in the area of the stores now being constructed by Herman MacKay Mr. Carroll retired at 9:30 P.M. Letter was received from Thomas J. Greehan, Director of Civil Service, advising that under the provisions of Chapter 141 of the Acts of 1959, persons now employed Director of under the title of Welfare Agent in towns that have not Public by vote authorized the Selectmen to act as the Board of Assistance Public Welfare , are to perform their duties under the title of Director of Public Assistance . Mr. Adams reported that David Michelson, when ap- plying for a Guide ' s license , deliberately gave his residence as Lexington but he is a resident of Bedford. He said the guide situation does not seem adequately covered and some of the guides are not too well dressed to be representatives of the Town . He said there should be some thought given the subject, and recommended ask- ing that all the guides meet with the Board. Mrs. Morey asked who would tell them what to do, Guides when and how. Mr. Ferguson said he was surprised that some of the local civic groups are not interested in the subject. Mr. Adams said the Board could discuss the matter with Mr. Garrity first and then have the guides in. It was agreed to have the Chairman contact Mr. Garrity and advise him what the Board wants. It was also agreed to write to Mr. Michelson and to ask him to resubmit his application for a Guide ' s license with his correct address . Upon motion duly made and seconded, it was voted to Licenses grant the following licenses: Bertram P. Gustin 50 Bloomfield St. Auctioneer Corner Variety Store 856 Mass . Avenue Sunday Sales Letter was received from Mr. Bentley S. Hutchins declining re-appointment as a member of the Town Cele- brations Committee . The Board agreed to be prepared next week to sub- mit-names of individuals for appointment to fill the vacancy. The chairman read a letter from Mr. Reginald A. Wood, 1 Neil]ian Street, Bedford, submitting an offer of $500 flus water betterment assessment of $751 the price entertained by the Board for tax title lot 8 James Street. Upon motion duly made and seconded, it was voted to 1 192 CD CV 010 Tax title advertise a proposal to sell the lot in the Lexington Minute-man. Mr. Adams did not vote on the subject. The Board gave further consideration to offers for tax title lots 191-196 inc lusive ; 200-205 in- clusive and 236-246 inclusive received from Buss. Tax title Brothers and Mr. Oscar Heimlich. The Chairman read a memorandum from Mr. Snow, Planning Consultant, recommending that the lots not be sold until such time as Circle Road is laid out as a way under the Betterment Act or the Subdivision Control Law. Reference was also made to the issuance of additional building permits on Circle Road, and it was agreed to discuss the subject with Town Counsel at the next meeting of the Board. The Board gave further consideration to Mr. Fria- sore ' s offer of $2,000 for tax title lots 59 and 60 Ivan Street. The Chairman read a memorandum from Mr. Snow, Planning Consultant, recommending that the lots be sold and the manner in which he thought they should be sold. These lots front on the accepted section of Ivan Street and sewer and water pipes are installed in this section. Mr. Ferguson said that the lots are worth more money and he felt that the Board should get more money Tax title for the Town for these lots. The Chairman said he would like another opportunity to view the lots before establishing a price and it was agreed to defer action on the offer until the next meet- ing of the Board. The Board gave further consideration to the follow- ing offers for tax title lots: Philip J.Knox, $1,000 for lots 234-242 Freemont Street Tax title John L. Wood, $500 for lots 234-242 Freemont Street Philip Spencer, $600 for lots 631-634 Freemont Street 1800 for lots 234-242 Freemont Street 4150 for lots 234-258 Asbury Street Homeland Realty, $5,075 for lots 234-242 Freemont Street 243-258 Asbury Street 631-634 Freemont Street Leeland Construction Co. , $5,000 for lots 243-258 Asbury Street, 631-634 Freemont Street 234-242 Freemont Street Richard D. Hamilton, $5,500 for lots 243-258 Asbury Street 234-242 Freemont Street Albert Zani, $500 for lots 631-634 Freemont Street 193 Upon motion duly made and seconded, it was voted to reject all the offers as being much too low. Petition was received, signed by residents of Fern Street, Moreland Avenue, Swan Lane , Bird Hill Road, Davis Road and Rockville Avenue relative to a second outlet from Fern Street due to the difficulty encountered by vehicular traffic entering Fern and Pleasant Streets . Traffic It was agreed to refer the subject to the Plan- ning Board, requesting a recommended solution, a copy of letter to be mailed to Mr. Henry A. Flynn, 26 Bird Hill Road. The meeting adjourned at 10:30 P.M. A true record, Attest: cvftive le rk,II Se lac . w A' 1