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HomeMy WebLinkAbout1959-05-11-BOS-min 136 r4 SELECTMEN'S MEETING May 11, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, May 11, 1959, at 7 30 T.M . Chairman Maloney, Messrs James, Adams, Ferguson and Mrs . Morey were pre- sent . Mr Stevens, Town Counsel, Mr. John Carroll, Superintendent of Public forks, and the Executive Clerk were also present . Upon motion duly made and seconded, the minutes Minutes of the Selectmen' s Meeting held on May 4, 1959 were delcared approved. Hearing was declared open upon application of the Pine Meadows Country Club for permission to main- tain one underground tank for the storage of 500 gal- lons of gasoline on the premises at 232 Cedar Street. Gasoline Notice of the hearing was advertised in the April hearing 30, 1959 issue of the Lexington Minute-man and the abutters, according to the Assessors ' list, were noti- fied. No one was present at the hearing in favor or in opposition. Upon motion duly made and seconded, it was voted that the application be approved and a license issued to the Pine Meadows Country Club to store 500 gallons of gasoline in an underground tank at 232 Cedar Street. Mr. Stevens reported that Mr . Ralph H. Tucker, President of the Lexington Historical Society, was surprised to find that the Buckman-Tavern had fire insurance for only $12,000 and he immediately placed it at $45,000 . Mr Stevens had a copy of the lease of Buckman the building and said it seemed to him the policy should Tavern cover both the Town and the Society, and the cost of the Insurance premium could be divided He explained that the Society has to restore the building and keep it in good repair. If the building is destroyed by fire or other unavoid- able casualty, or whenever it can no longer be repaired, the lease would terminate . The building was appraised for insurance purposes on April 27th and the present re- placement cost was established at $56,892 He recom- mended that the insurance be increased to $45,000 as suggested by the Society. Mr. Stevens suggested that the subject be dis- cussed with Mr. Tucker and Mr. Converse Hill and &,de- cision arrived at as to what the Society and what the 137 Town is responsible for, and divide the fee . The Board was unanimously in favor of increasing the coverage Mrs . Morey said the society should pay for the insurance coverage on the contents of the building and Mr. Stevens explained that was up to the Society. The Chairman eaid that he thought Mr Stevens should word the policy and he said that he told Mr. Hill he would check it . Mr. Stevens said that he understood the Board wanted to have a policy written for at least $4,000 on the building payable to both the Town and the Society; the premium to be divided the way it can be worked out with Mr. Tucker and Mr. Hill . Mr Stevens referred to the Boston and Maine Rail- road crossing at Hancock Avenue and said he was supposed to check into the matter, but he was not 100% sure of what the Town does have . He said it appears that the crossing may be limited, and according to the records, if the railroad was not providing a right-of-way for Hancock Ave . all occasions, it was not conferring much benefit to railroad the owner of the land He explained that there other crossing questions involved as to whether or not that right-of- way would go with all the land upon which the Fire Station is located He said it comes down to a question of policy as to what the Board wants to do. He said the Board could not establish without legal procedure a claim that the Town does have a legal way other than a farm crossing. If the Board decides that it does want a crossing there , it will have to be a public cross- ing with proper grading, proper warning devices, etc . If the Board decides that, the railroad would undoubtedly oppose it Mr. Adams asked if the railroad had the right to put the rails there , and Mr Stevens replied the only right given was in the terms of a farm crossing . Mr. Adams said he felt there should not be a through way, but as an emergency exit, he thought it was very valuable Mr. Stevens said that the Board could say, because of the position of the Fire Department, it should be an emergency exit . However , the only way to accomplish this would be to establish a town way and ask if the railroad would consent with gates, locks, etc The Chairman said he thought the Fire Department should decide what it wants . Mr. Adams suggested that a letter be written to the Board of Fire Commissioners requesting them to advise the Selectmen in writing whether or not, in their opinion, this crossing is essential as an emergency exit for the 138 a, rD er Fire Department At 8:15 P.M. , hearing was declared open upon written complaint filed by Mrs . Concetta Cataldo, !}7 Rindge Avenue, against Patrick McHugh, 42 Rindge Avenue and Jack Irwin, 108 Bow Street, relative to property damage by their dogs Mr. and Mrs . Anthony Cataldo, Mr. and Mrs. Patrick McHugh, Mr and Mrs . Jack Irwin, Mr. Chapman, George W Forten, Dog Officer, Mr. T. Corkery, Dog Officer, Middlesex County Commissionerst Office, and others were present The Chairman explained that anyone desiring to Dog Hearing testify would have t o testify under oath The Cataldos , Irwins and McHughs stood and were sworn by Mr . Stevens , Town Counsel. Mr. Cataldo said the McHughs and Irwins would not keep their dogs off his land and they have caused close to $200 damage . He said he called them on the telephone , sent the Dog Officer to see them and also the Animal Rescue League , but they never paid any at- tention. Mr. Cataldo submitted a bill for $184,35 which he said was the amount of damage done by the dogs. Mr . McHugh explained that at the time this happened, Mr. Cataldo called him and there was frost in the ground He offered to pay for the damage, but Mr Cataldo said there was no damage done because of the frost in the ground He said when the frost began to come out of the ground, Mrs . McHugh saw Mr Cataldo throw a piece of 2 x 4 at his dog, a 10" beagle, and to his knowledge , the dog has never been on the Cataldo property since . He said he inquired all around the neighborhood and could not find anyone to say that the damage was caused by his dog He said he could_ not understand how his dog could have caused this amount of damage , and that he has insurance He said he does not know of any in- stance where his dog has caused any damage When he lets the dog out in the morning, he goes directly away from the Cataldo property. Mrs . Cataldo said that every morning after her husband has left, the McHugh dog is let out the front door and he goes right over her flowers Mr. Corkery said that the County Commissioners re- ceived two letters and asked him to investigate He made three trips in the area, one with the local Dog Officer, but could not find a dog in the area He said there is no doubj tphe Cataldo family is suffering loss by this condition, and he thought they were entitled to relief The Chairman asked if pepple are liable for damage 139 caused by the dogs even if the dog is owned by a minor, and Mr. Corkery replied tht the parents would be responsible. Mr. Porten said that prior to the complaint re- ceived by the Board, he received a complaint in the form of a letter which was half complaint and half a threat. He said he went down to investigate and found tat Mr. Cataldo has a problem. He could nbt find who complained because there was no such person as the one who signed the letter. He said he talked to these people, and Mrs. Irwin asked if she had to restrain her dog. He advised her that he did not have authority to issue a restraining order. They made it clear they did not feel theirs was the only dog involved as there are many dogs in the neighbor- hood. He said there is definitely damage to the Cataldo property caused by dogs, but he could not truthfully say it has been caused by these particular dogs. Mrs. Irwin said the neighborhood is overrun with dogs and these two are only two out of about forty. She asked how anyone could say those two dogs are doing the damage. The Chairman said that the complaint has been made against Mr. McHugh's and Mr. Irwin's dogs and the County Dog Officer has testified that the Cataldos have some grievance because damage has been caused by dogs. Mrs . Irwin said that there is no proof that the damage was caused by her dog. The Chairman said that the Board hoped these people would agree voluntarily to restrain their dogs to see if the problem still existed. Mrs. Irwin said her dog is in the house every day or she takes him out in the car. Mr. Corkery said he would like to suggest a test period of thirty days for restraining the dogs to see if it would help relieve the Cataldo family of a finan- cial burden. Mr. Chapman, Mrs. Irwin's father, said he would be glad to take the dog. The Chairman said that the Board does not like to issue restraining orders and asked the people, for at least a month, to keep their dogs restrained on a voluntary basis. Mr. dames said that no one had proven to him which dog did the damage. Officer Porten said that if these people would restrain their dogs for a trial period of thirty days, he would check the area and see if the problem can be solved. 144 cr The Chairman asked what recourse Mr. Cataldo had for the damage he claims was caused, and Mr. Corkery replied that the Town Counsel should be consulted. He explained that the Board has the power to restrain the dogs, but for recovering a certain amount of money, he thought it was a civil matter. The Chairman said that theBoard had heard the evidence and he thought the people involved should try and help themselves rather than involve the Town. He said he hoped the dogs would be voluntarily restrained for a thirty-day period and declared the hearing closed. The group retired. The Chairman read a letter from Senator William C. Madden, together with a copy of letter he sent to the D. P.U., because of the recent accident at the Hancock Avenue grade crossing, requesting a complete report. The Chairman was authorized to acknowledge the Grade letter advising that theBoard has the subject under Crossing consideration as to whether or not this should be laid out as a public way with proper grading, proper warning devices, etc. , and that it felt he was follow- ing the proper procedure . Letter was received from the Cary Lecture Com- mittee, a copy of which was sent to the Board and Town Counsel, stating it is their opinion that another Cary Lectures means should be found for spending the funds available under the provision of the Cary will because of lack of attendance at the lectures. Mr. Stevens questioned whether or not the Court could be convinced that the provisions in the will could not be carried out . He said from the letter he did not think there are facts that would authorize a Court to give a decree to use the money for scholar- ships. Mr. Adams asked if the Trustees would have to initiate this, and Mr. Stevens replied that it would be better that way. He agreed to contact Mr. Robert Holt, a Cary Trustee, and discuss the subject with him. Letter was received from Charles E. Ramsey (H. W. Newgent & Associates) on behalf of the Custom Colonials, Tax title Inc., offering x$150 for tax title lot 24, block 33, Avon Street. Lots 19 through 23 are owned by a private individual; lot 18 is owned by the Town; and there are houses on lots 12, 17 and 20. Mr. Snow drove over the street, and his report was that he felt no building permit should be issued until 141 the street is constructed, but the difficulty is that there are now three houses already located It was unanimously agreed that it is in the best interest of the Town not to dispose of the lot. Mr Adams reported that there was a fire at the dd.mp on Lincoln Street Saturday and he double checked with Roy Cook,®hief Engineer, who said that there was an alarming number or rats in the dump, which he sup- posed was a Board of Health situation. Mr. Carroll said that there is no doubt about the rat problem. He can dispose of the rats, but at the same time , dogs would be killed. He has an ex- terminator who visits the camp every month, and per- haps the control should be intensified. Mr. Adams reported that while he was at the dump, a Howard Johnson truck came in with paper platters, 1 and there was food on every one of them. He said sooner or later there would have to be a change at the dump and he thought it was supervision. Today, about three o'clock, there was no attendant at the dump. He said if there is to be more enforcement, there will have to be another man Dump Mr . Carroll said he thought there should be two men; one a full-time dozer operator and one an attendant. He said he thought the dump was open too many hours and should not be open Sundays . He stated that dumps in most Towns are not open on Sundays Mr Adams said he thought the regulations should be enforced Mrs . Morey said that occasionally the question comes up about sellinT the privilege of running the dump. Mr . Adams explained that was ruled illegal. Mr. Carroll said he did not like that arrangement because he thought the Town should have control of the dump due to its nearness to the center. Mr Ferguson asked Mr. Carroll for his suggestions . Mr. Carroll explained that one of the problems is the attendant, who, if not at the dump, is a welfare case and about a year away from retirement. The Chairman asked Mr. Carroll to look into the pos- sibility of retiring the present attendant. Mr Carroll said he would like to have two full-time attendants, or perhaps he should put it that he would like two attendants most of the time so he could have a bulldozer in operation, and he would like to have active enforcement of the regulations which would go a long way toward improving the situation. He said he was definitely opposed to Sunday dumping, but that is for the Board to decide . 142 pm Mr. James said from an efficiency point of view, Mr Carroll was right in regard to closing Sundays, but from a public point of view, he was wrong. Mr Adams said he did not think the dump should be open seven days . The Chairman said if the dump is to be closed one day, it shoui be Sunday. He said a sign could be posted giving notice that the dump would be closed Sundays after a certain date . Mr. Ferguson said if there were two men at the dump full time and anything went wrong, Mr. Carroll would know who was responsible . Mrs. Morey asked if one attendant could etand at the gate and check on the people coming in. Mr. Carroll replied there is no reason why that couldn' t be done . He said possibly enforcement could be discussed with the Chief of Police . Mr. James said the Chief had said there should be a telephone on the premises , and if any trouble occurs, a call could be put through to the police Mr. Ferguson asked if the attendants would be Special Police and a uniform. Mr. Carroll replied they could be appointed Special Police , wear a badge and wear some type of jacket Mr. Ferguson said he would try anything as a solution and he might change his mind, but Mr. Carroll has sug- gested two attendants, Sunday closing and bulldozing. He said he was in favor of trying it and if it does not work out, something else will have to be done . The Chairman asked Mr . Carroll to find out first whether or not Mr Kelley can be retired. Mrs . Morey suggested some definite program ready to be put into effect by June 1st. The Chairman read a letter from Senator William C . Madden requesting, on behalf of the Lexington Academy of the Holy Family on Pelham Road, installation of push- button traffic lights at the intersection of Pelham Road Traffic and Massachusetts Avenue The lights he has in mind are Lights the same as those now installed at the East Lexington Pelham Rd. Branch Library It w s agreed to advise Senator Madden that push- button lights would serve pedestrians only and the Board is also concerned about reducing the vehicular traffic hazard at this pPrticular curve Furthermore , an in- vestigation was made some time au() and it was then deter- mined that traffic lights would not solve the problem, but the relocation of Pelham Road would greatly reduce ttie hazard A layout and relocation was prepared, )ut 143 Mr Daniel A . Lyncr , attorney for the Grey Nuns, re- quested that no action be taken at that time because of tentative plans for future development of the area by the Grey Nuns He advised th t the Town wait until the Gray Nuns and their architect had prepared plans for development of the property Upon motion duly made and seconded, it was voted to grant petition of the Boston Edison Company and the New England Telephone & Telegraph Company for the fol- lowing pole , guy wire and anchor locations Pole Greenwood Street, northwesterly side, northeasterly locations from Harbell Street, -- Ten poles (10) - guy wire and anchor on the 1st and 10th pole . Mr. Carroll retired at 9:50 P.M. Chief Rycroft and Mr. John Connors, Motorola re- presentative, met with theBoard . The Chief explained that some changes have to be made in the radio system in 1960 and the major change will be in 1963 He stated thct there are two lines of thought on the subject The Town can have a community setup, which is similar to what it now has, or the police , Fire and Public Works will be set up individually. He said he was not thinking in terms of dollars and cents but rather what is best for the Town. Mr. Connors explained that the changes are the result of the F C C . regulations . He said that in discussing the subject with Chief Rycroft, the Public Works and Fire Department, it appeals that they would all like to stay on the existing pattern. Radio Mr . Lonnors discussed the subject at length and Chief Rycroft said that he thought the Town should go to municipal radio. He said it would be economical, and frankly, he liked it When the Public Works, cars are out, it is like having another cruiser. The police can also call the Fire Department and advise if a fire is discovered Mr. Connors explained that it will cost about $1700 for a new transmitter with one remote control. The entire project would be about $5,000, The Chairman asked about the cost to break the system into three separate units, and Mr. Connors replied that it would be $1600 times three for a new base station. The expense would be almost triple The Chief explained th9t everything has been cleared with the Edison Company and the telephone company. The 144 0.4 only item now is to wet the papers through and ap- proved. p- proved. The Chief and Mr. Connors retired at 10 35 P.M . Upon motion duly made and seconded, it was voted to sign Certificate of Incorporation application on Cert of Inc behalf of Dean E Nicholson, 42 Hill Street, a satis- factory character reference having been received from the Chief of Police The Chairman read a letter from Mr. Burnham Kelly, 6 Stratham Road, protesting action of the Fire Depart- Fire ment in burning over some swampy and low-lying area owned by him without previoudy consulting him. Letter was received from H. W. Newgent & Associates offering $1,500, on behalf of Custom Colonials, Inc , for Tax title tax title Block 31 , Avon Street. Upon motion duly made and seconded, it was voted not to dispose of the property at this time Further consideration was given to Mr. Alexander MacMillan' s offer of $1,000 for tax title lot 18 and part of 17 on Sylvia Street A proposal to sell the Tax title lots was advertised in the April 30, 1959 issue of the Lexington Minute-man, but no persons contacted the Selectmen' s Office as a result of the advertisement . Upon motion duly made and seconded, it was voted to to sell and convey tax title lot 18 and part of 17, Sylvia Street to Mr MacMillan for 51,000, subject to the provisions that, if he intends to make one building lot, he will have to take ten feet from this parcel and add it to the abutting property upon which his present building is now located. Upon motion duly made and seconded, it was voted to re-appoint Mr. Rufus L McQuillan a member of the Board of Health for a three-year term expiring June 1, 1962 The meeting adjourned at 10:50 P.M. A true record, Attest: " ec ive perk, Selector n Vg