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HomeMy WebLinkAbout1959-05-04-BOS-min 122 CC r4 SELECTMEN'S MEETING I Mey 4, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, May 4, 1959, at 7 :30 P. M. Chair- man Maloney, Messrs. James, Adams, Ferguson and Mrs . Morey were present Mr Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Ex- ecutive Clerk were present Minutes The minutes of the Selectmen' s Meeting held on April 27, 1959 were declared approved. Mr. Carroll referred to the letter Of April 13, 1959, received from the Burlington Water (Jo-rmissioners relative to the water line on Muller Road, and said he Muller Road spoke to the Clerk of the Commission and it is the same mter line problem that has come up before . They want to connect one more house , but he assured Mr. Carroll that the water main would be connected and taken over by Burling- ton in 1960 He said there are exactly twelve houses connected now but whether or not they are the original twelve , he did not know. Mr. James suggested, and the Board agreed, to re- quest the Commissioners to submit a letter advising that their new main will take care of these houses by 1960 and if they are willing to do that, Lexington will consider one more connection Mr. Stevens reported that he had contacted Mr. Charles G. Ruggiero relative to the sewer betterment assessment and interest charge levied against his pro- Ruggiero perty, 10 Battle Green Road . He said that Mr Rug- interest giero wants to pay the entire betterment Mr Stevens charge advised him to send the check to him and then the Board would abate the interest charge . Mr. Stevens presented a plan of Sewer Easement from Massachusetts Avenue to Peacock Farm Road and pointed out the MacKeen property, directly opposite the Millyan pro- perty that was acquired by the Town, and said it is in E. Lexington the proposed location of Emerson Road He explained that Trunk line all the people owning property, through which the sewer Sewer ease- easement will go, have been contacted and there isn't too much ment opposition. Mr. Stevens said that the Board might find at the next Town Meeting, if this is the proper location 123 of the road, that it will want to try to acquire the MacKeen property and try the two cases at the same time Upon motion duly made and seconded, it was voted to sign a Sewer Easement Order for extension of the East Lexington trunk sewer from Massachusetts Avenue to Peacock Farm Road Mr. Stevens brought up the subject of betterments on the land of Geo 0 . Anderson & Son, Inc . , on Bedford Street. In 1957, when Anderson sold a parcel of land to the Boston Edison, the Board released the land sold to Boston Edison from a street betterment and a sewer Geo. 0. betterment on Winter Street. At the same time, the Anderson Town apportioned a portion of the sewer betterment on betterments Bedford Street between the land Anderson was keeping and the land sold to theBoston Edison. The resulting betterment on the remaining land was then postponed under the Special Act. He reported that in connection with the widening of Bedford Street by the Commonwealth, a taking has been made of a portion of the land, and presented a plan showing the Anderson property and the taking. He said thatthe question now is whether or not to release the land from the betterments He said that he thought the Board would definitely release them on Winter Street. He stated that he thought the Town should receive some payment in view of the fact Anderson is receiving something from the Commonwealth The bet- terment is now $2, 881 .68 for the sewer on Bedford Street and Anderson will receive $4,500.00 from the Commonwealth for that land His attorney suggested $500. Mr. Stevens reported that actually, they expect to sell the land be- fore the end of the month and if so, whatever the Town has not collected,becomes due Mr. Ferguson recommended that the offer of $500 be accepted. Upon motion duly made and seconded, it was voted to sign a release, prepared by Mr. Stevens, and to authorize acceptance of $500 suggested by Anderson' s attorney Further reference was made to tax title lots 228-233 on Freemont Street which the Board had voted to sell and convey to Mr. Philip J Knox, Jr. Mr. James reported that he had talked to Mr. Knox Tax Title and he wants lot 233 included and he understands the entire situation very thoroughly. He wants the lot and will fix it up himself Mr. Stevens said that theTown is reserving a sewer easement. 124 rz mv 04 Mr. James explained that Mr. Knox has agreed to sell to Mr. Lloyd two of six lots that he had. The Town agreed to sell Knox these six lots with the under- standing that he builds two houses and he wants to make certain that he can build two houses on the 120' frontage . Mr. James reported that he talked with Lloyd and Lloyd has talked with Knox, and Lloyd said that Knox has agreed that as soon as he is assured he can build two houses, he will transfer the land to Lloyd Mr Stevens said that both transactions should be made at the same time and Mr. Lloyd should have his at- torney check it. The Chairman reported that a telephone call had been received about the barrier at the Boston & Maine railroad tracks between Hancock Avenue and Camelia B & M. R.R. Place . One night it was illuminated, and the next tracks, night, it had bean relocated and was not illuminated Hancock Ave . and was a hazard He said it was late in the evening and he talked with Mr. Stevens who suggested that the Town illuminate it immediately because it is the duty of the Town to protect the public until such time as he could look into the legality of what the railroad was doing Mr. Stevens reported that the situation depends on what is a danger to the people using thr road He saw it this evening and if someone ran into the bar,- rier, they might get hurt. He suggested that it might be advisable to repaint or repair the sign in front that reads "Not a Through Way" . He said he assumed the barrier is outside the town way and the liability would be on the railroad and not the Town. Mr Stevens reported that the deed by which the Town acquired the property does refer to a right-of- way over the railroad. He talked with Neil Howland, attorney for the railroad, who gave the orders to have it blocked off. Mr. Howland said that this is a right- of-way for farm use only a d it was not being used far the purpose of farming Mr. Stevens said he would have to check it and if it is limited to using it as a farm, the Town would not have the right to use it for some other purpose . He said the question is, is the Board satisfied to have it closed or does it think it should be laid out as a public way all the way through He said he thought the railroad would op- pose the latter, and it requires action by the D.P.U. and County Commissioners . The Chairman asked what right the Fire Department had over that property, and Mg. Stevens replied that it has no right if it is limited to farming. I 12 Mr. Adams said that it was thought, at the time of purchase of the land for the Fire Department, that it could be used as an emergency exit Mr. Stevens said another possibility would be to see if the Town could negotiate with the railroad to have a right-of-way there limited to use by the Fire Department, but that would mean gates Mr. Adams said that at times the front of the station has been blocked and that was the reason for having this as an emergency exit Mr. Stevens said if the Town is successful in getting a public crossing over the railroad track, it would have to be on the basis of going to Bedford Street and on the basis of the Town payingfor the lights which would be between $8,000 and 9,000. Mrs . Morey submitted a petition, signed by resi- dents on Hancock Avenue , which was delivered to her home this evening, requesting that the barrier be re- tained permanently, that Hancock Avenue be declared a dead end street and that a sign reading "Dead End" be erected at the Hancock Street end of Hancock Avenue . Mr Stevens said that he would check and see what the right-of-way was . Mr. D. Hugh Dardep, 61 Burlington Street, met with the Board The Chairman explained that the Board has read his letter of April 10th, and he has talked with Mr. Darden, but the letter does not exactly make any re- quest relative to pedestrian traffic over his property. Mr. Darden said that he has been troubled since the time of occupancy of the property with people going Darden' s up and down the driveway to and from the Kinneen Park. complaint - He tried to control the situation by discussion with the people involved, but it became so difficult, he Fence called the police . He said the problem relates to a boundary 360 feet running on the southerly side of the Town park. He said the cost of constructing a fence himself to control the situation is something he does not feel he can undertake . He said he under- stood that the town does have an easement for access over Flintlock Road and Red Coat Lane , but it is not used at all. He said he wanted to know ifthere is any possibility of receiving aid from the Town whether it is in the form of a fence , planting or anything else that might be appropriate . He said he was not too happy about the thought of a fence . The Chairman asked if a fence was erected would people walk up to thefence and then go over his property ' to get around it 126 rz CV ott Mr. Darden said he would then erect a very simple but not so strong a fence . Mr. Adams said th,t a planting would be broken through. Mr. Darden said he did not request a fence and it is not his intention to have a fence and the only other solution wouldbe a planting. The Chairman said if people walk through there now, he was sure the same situation would prevail and this is a problem that is unusual and one which is not brought to the Board' s attention very often. Mr. Stevens asked if Mr Darden thought it would help if the Town constructed the passageway over lot 5 and he replied that it would ohly serve that group and would not solve the problem with respect to the school. Mrs . Morey mentioned that there is a fence betteen the playground and Parker Street . Mr. Adams said if it is going to be fenced, it should be an adequate fence . Mr. Darden said he was also concerned about the destruction going on in the park and he has had to put out several camp fires . Mr Ferguson explained that children have always used the area and there is a fireplace on top of the rocks . The Chairman said he understood that the Town has erected fences on a 50-50 basis, and asked if Mr. Darden would be willing to pay half the cost if the Board de- cided to do something like that Mr. Darden said that assuming it is reasonable, he would want to pay. Mr. James said the only type of fence that would be appropriate is a six-foot chain link, as it has to be high enough so the children cannot climb over it. Mr. Ferguson explained that the neighbors around Kinneen Park were very much opposed to having it fenced in and the Town put in some privet hedge all along the street . He said children have broken through but it does provide some protection. Mr. Darden said he would prefer something other than a six-foot chain fence and it would be better to have something growing. The Chairman said that if the Town put in some- thing like that and Mr Darden paid his share on a 50-50 basis and it did not work out, he would be back. He said there is a problem and he did not think the Town should try to correct it twice . Mr. Darden suggested two strands of heavy wire on heavy posts with a growing kind of demarcation, and the Chairman said that he has found that fences that 121 are not strong enough are easily broken. The Chairman said that the Bcard would discuss the subject with the Superintendent of Public Works and try to arrive at some solution but would let Mr Darden know before anything is done . Mr Darden retired at 8 35 P.M. Mrs . Morey said that if the Board is going to erect a fence adjacent to a recreation area, it should be a certain size chain link and erected on a 50-50 basis . She said that the Board should have a definite policy. Chairman Abbott, Messrs Burnell, Grindle, Mabee and Soule of the Planning Board and Mr. Snow, Consultant, met with the Board. Mr. Stevens said that as a result of a meeting last week with the Planning Board in re the Great Meadows, the Planning Board felt that carrying on of negotiations with the Town of Arlington should be by the Board of Select- men He said he understood that at theAnnual Town Meet- ing in Arlington this year, money was appropriated for a title examination He said that while that is being done , he assumed is a good time for the Boirds to review their position and decide what the procedure is that should be followed in order to see if the land can be acquired. Great The Chairman said that if the Planning Board has Meadows any ideas relative to acquiring this land, he felt that the Selectmen would be interested Mr. Stevens said it is the function of the Planning Board to study and come up with recommendations as to the uses to which Lexington might put the Great Meadows . He said he thought it would be desirable to have a meeting of the minds of the Boards as to those uses. A group in Arlington feels that the area should be kept open for playground, recreational and educational purposes There are others who have different thoughts as to what should happen to it, such as using it for a dump or for private development The Chairman said th- t the Planning Board should initiate any move concerning the Great Meadow and if it does that and Lexington lets Arlington know what its in- tentions are , perhaps some people in Arlington would sup- port Lexington in acquiring the land. Mr. Mabee said that there are four or five factions all having different inter sts . He said probably four of the five objections could be met by some plan which Lexington could come up with so it could satisfy nearly all, if not all, of the five factions He said he thought Arlington appropriated $4,000 or $5,000 for a title search because they do not know where their land is or how much 128 n CV it is worth, Mr. Stevens advised that if Lexington made a park lit out of the land, it would be open to all the people in the Commonwealth. If it is for recreation and play- ground, that enables Lexington to exclude non-reside•-tts He said he thought the Meadows should remain open for- ever, and it could serve as a recreational and educational unit for the Lexington School system. He could see no objection to allowing Arlington use of it for educational purposes . Mr. Snow presented a plan and explained ownership of properties and ind cated two parcels that he thought the Town should acquire . He said thit it was his thought to have Emerson Road generally skirt the Meadows and by so doing, it would serve as a boundary line between the open land and privately owned land. He said the Town has acquired the Millyan property and his thought is to add to between the proposed road and the Adams School site a little more land and have more adequate skating facilities on the Adams School playground, which in itself is not large enough. His thought is that Emerson Road be so constructed that the base of it can serve as a low earth gravity filled dam and five feet of dam is all that is necessary to build a lake He said he thought the watershed would maintain a lake approximately five feet deep. Much of theland is high and very, very good, and is a natural geological area. He said from a natural science , as well standpoint, pas a recreational and educational stand- point, the Town has a great resource at its command to develop. The Department of Natural Resources would be more than glad to help prepare plans for the development of the area The Chairman asked if Lexington should draw up a plan for the Town of Arlington, and Mr. Snow replied in the affirmative He said Lexington should also set forth in a memorandum the type of policy for the development of the area. The Chairman said that he did not like to burden the Planning Board, but he thought this wasa.function for that Board. Mr. Snow said that he thought he could come up with some very sound recommendations . Mr. Adams said he thought the proper procedure was to ask the Planning Board to prepare a recommendation. It was agreed that the Planning Board would develop a more complete plan and present it to the Board of Selectmen. Mr. Snow said he would have such a plan ready within a month. The Planning Board retired at 9:10 P.M. 1 The Chairman read a letter from Mr Alfred P. Tropeano advising that the Vine Brook Realty Trust has received notice of the Town' s taking by eminent domain a parcel Vine Brook of land on Waltham Street to widen the street He sug- Realty Trust gested that Town Counsel prepare a confirmatory deed and a partial release of the land taken to be signed by the Lexington Savings Bank, the present mortgagee He also suggested that the plan of the taking be approved by the Land Court Engineer' s Office , and if any stone bounds are required by that Office , that the Town bear the ex- pense of placing the same . Mr. Stevens advised that he would discuss the sub- ject with the Planning Board this evening . Under the present Zoning By-Laws, the site plans, etc . , have to he presented to the Board of Appeals for approval. That Board sends them to the Planning Board for recommendation. He said he understands what has been filed so far is very much preliminary (Mr. Stevens to acknowledge the letter . ) The Chairman read a letter from Roger B. Leland, at- torney for abutters on Reed Street, relative to the pro- posed conveyance of various parcels of the triangle lo- cated at the intersection of Laurel and Reed Streets. ' Mr. Stevens explained that the Town has not gone Laurel and through the procedure of relocating Reed Street and Reed Streets abandoning the old section, and before anything is done about abandoning, he would want an agreement from the people that they will not file for any claim for damages . He said he would write Mr Leland to that effect. Mr. Carroll advised that Mr. William Brenchick, Lincoln Street, a salesman for Johns Manville , was ap- proached by the American Water Works Association re- garding a film the Association is preparing which will receive national publicity. As part of the publicity, Advertising they want to take two standpipes, one in the East and one ,in the West and paint the words "Priceless Water" on them to be used for advertising. Mr. Brenchick was requested to contact Lexington. Mr . Carroll told him frankly that he did not like the idea as it was to be permanent advertising. The Board did not favor the proposed advertising suggestion. Mrs . Morey reported that the Bt . rd of Health has requested the Town Meeting Members Association to give them a committee to study garbage and incineration. Committee Mr. Carroll said that, according to Mr. Lurvey, it was just for the incinerator . 134 ime CC Mr. Stevens advised that the Town cannot have any new dump site without the approval of the Board of Health, so in that sense, it comes under their juris- diction. Mr . Stevens retired at 9:25 P.M. Letters were received from the Mystic Valley Gas Company for location of a 6-inch high pressure gas main in Lowell Street to supply Mark Moore ' s development; a 4-inch high pressure gas main in Lincoln and School Streets to supply #120 School Street; a regulator man- hole and vent in Eldred Street, together with two 4-inch steel main connections from the manhole to existing gas Gas mains mains in Bedford Street. Mr. Carroll advised that he approved all the pro- posed locations. The original request for Eldred Street was in the middle of the street and he requested that it be located nearer the property line . Upon motion duly made and sec+ nded, it was voted to grant the requests subject to the provision that the work is to be done in accordance with Mr. Carroll' s specifications and requirements. Upon '.action duly made and seconded, it was voted to grant the following 3/o pole locations, all having been approved by Mr. Carroll: Winter Street, northwesterly side, southwesterly from a point approximately 90 feet southwest of Grove Street,-- Two (2) poles Winter Street, northwesterly side, southwesterly from a point approximately 420 feet sot.tklwest of Grove Street, -- Two (2) poles Winter Street, northwesterly side, southwesterly from a point approximately 765 feet southwest of Grove Street, -- Two (2) poles. Winter Street, southeasterly side , northeasterly from a point approximately 75 feet northeast of Rangeway, -- Four (4) poles. Lowell Street, southwesterly side , northwesterly from a point approximately 280 feet northwest of Farirlawn Lane,, -- Four (4) poles (Four existing JO poles to be removed. ) 131: Lowell Street, northeasterly side, southeasterly from a point approximately 180 feet southeast of Win- chester Drive , - Three (3) poles - - guy wire and anchor on the lst pole (Three existing JO poles to be removed) . Lowell Street, southwesterly side at Maple Street, -- One (1) pole Pole location (One existing JO pole to be removed) . Asbury Street, westerly side, northerly from a point approximately 85 feet north of Paul Revere Road, -- Two (2) poles Grove Street, southwesterly side, approximately 30 feet northwest of Winter Street, -- One (1) pole . (One existing JO pole to be removed) . Mr. Carroll retired at 9:25 P.M. The Board of Fire Commissioners met with the Select- men. The Chairman explained that one subject for discus- sion is burning without permission, and asked what the solution is to the problem. Mr. Sheldon advised that this comes under the juris- diction of the Forest Warden who is appointed by the Fires Selectmen and the commissioners have no official ca- pacity there . He said that if the Selectmen want the matter done correctly, they could turn it over to the Commissioners and it will be enforced. He said that Mr. Fitzgerald was the only Commissioner appointed a Deputy by the Forest Warden. He said the first thing is to decide to give someone authority and the second thing is to notify people that permits are required and the penalty will be enforced for unauthorized burn- ' ing. He said burning without permission is creating a hazard, uses up manpower and equipment, but there must be a clear line of authority. Mr. Stevens returned to the meeting and said he would have to check the Statute , but the Selectmen could not appoint the entire Board of Fire Commissioners as Fire Wardens. N' Sheldon said that if the Selectmen advise the C ommis"sioners July 1st, how it is to be handled, they will take care of it Mr. Adams suggested that a notice , to the effect 132 COTi that permits are required and the penalty will be en- forced n-forced for unauthorized burning, be enclosed with the water bill. The second item for discussion was the Down Dump. Mr. Sheldon said that every year the Commissioners make a review and recommendations for better care and conservation of the dump. One of the basic recom- mendations that has not been followed is controlled burning. He said that there are arguments against con- Dump trolled burning, and Mr. Gayer was opposed to it. He said the combustible material should be pushed to one side to become fill . He said the combustible material and the solid material should be separated but it will cost money. He reported that garbage is still being dumped and the Commissioners have been told that some of it is brought in from out of town, and this is a matter of supervision. The Chairman asked how the Commissioners thought the people in the neighborhood would feel about controlled burning, and Mr . Sheldon replied that now there in uncon- trolled burning, which uses manpower, equipment, hose and water. The Chairman asked how the Commissioners would set up a program of controlled burning and Mr. Roeder replied that controlled dumping is needed first. Mr. Sheldon said that someone would have to mop everyone dumping and instruct them where to dump. The Chairman said that controlled burning would result in daily telephone calls about smog and odors. Mr. Roeder said that Belmont burns on the level in one area and when the material is completely burned, it is pushed over to the side . Mr. Adams said that most of the complaints would be when the wind is in a certain direction, and Mr. Roeder said that there would IT ve to be burning every day. Mr. Ferguson asked what was wrong with the dump now since the hose was put up there and it is being controlled. Mr. Sheldon said that better supervision is needed, and it would be better to forget controlled burning and have better supervision. Mr. Roeder said the problem is actually a matter of supervision and if there were two men on duty to enforce the dumping, the problem could be controlled. Mr. Sheldon said th^t better supervision would keep the garbage out and eventually decrease the number of rats. The Chairman said that the subject should be dis- cussed with Mr. John Carroll 183 Mr. Sheldon said that all the Commissioners can do is to make suggestions . Mr. Rodder said it would be better if the Public Works Department provided horse as the Fire Department hose is being ruined. They use a 22" hose because len is not adequate after a fire gets going. He said if the Public Works Department had three or four lengths of 22" hose and a few lengths of l2" hose, it would save a lot, and would cost about $300. Mrs . Morey said that the point has been raised when there is a vacancy in the Fire Department, a pub- lic notice should be inserted in the paper that a vacancy exists and everyone should be given an inter- view. She said that a vacancy is public information Vacancies and anyone should have the privilege of applying . Mr Sheldon explained that the Department has more applications than position; and many of the men have been interviewed repeatedly. He said that the Com- missioners encourage interested applicants to stand by and apply again, and they checked twenty-two names of ap, licants . Mr . Adams asked if any man could go in at any time and place his name on the list, and Mr. Sheldon replied that an application could be obtained by any- ' one at any time . Mr. Adams mentioned the need of an extra access at the Central Fire Station and the Chairman asked the Commissioners how they felt about it. Mr. Sheldon asked if the Board wanted to be able to cross the tracks at any time , and Mr. James replied that he did not think the Board knew. Mr. Sheldon said he did not think it would hurt the Department if the access was closed. Fire Dept . Mr. Roeder said that it has been used a couple of access times, and Mr. Fitzgerald said th-t he did not think crossing the Department would lose anything by not having the access . Mr. Ferguson asked if the Commissioners would complain if it were closed, and Mr. Roeder replied in the negative . Mr. Adams said that when the Town purchased the land for the Fire Station, the thought was to have an emergency exit Mr. Fitzgerald said th t if cars were parked at the Yasonic Temple and the equipment had to go up Hancock Street , it would never make it. The Chairman asked if the Commissioners thought it would be wise to have a gate at the crossing if the 134 110 Town has the right to use it, and Mr . Sheldon replied that it might have some merit. Mr. Roeder said it could be kept locked and used for emerg4ncies only. The Chairman explained that Town Counsel is in- vestigating the status of the crossing. The Commissioners retired at 10:15 P.M. The Chairman read a letter frau the Planning Board advising that it had voted to affirm its pre- Street name vious recommendation that the proposed road between Street name Wood and Bedford Streets be named Hartwell Avenue . It is understood that the land on either side of the road will be subdivided at a later date , at which time the Board will consider using the name Maguire for one of the streets in the land to be subdivided. The Chairman read a letter from the Annual Robinson Hill Field Day Committee , requesting permission to have all streets leading to thehill roped off for a parade Closing planned for sixty-nine children to be held June 20th streets between 2:30 P.M. and 5:30 P.M. The Board felt that the Chief of Police should be consulted and a paid detail at each street closed off Request was received from the Veterans of Foreign Poppy Drive Wars for permission to donduct its Annual Poppy Drive on May 21st and 22nd. Upon motion duly made and seconded, it was voted to grant the request . Letter was received from the United Cerebral Palsy of Greater Boston, Inc ., together with suggested pro- Proclamation clamation to be released to the local press the first week in May. The proclamation was given to Mr. Adams for pub- lication. Notice was received of the Middlesex County Select- men' s Association Meeting to be held Wednesday, May 20th, Meeting at the Carling Brewery, Natick; social hour 5:30 P.M. ; dinner 6:30 P.M. Upon motion duly made and seconded, it was voted to grant the following licenses Licenses Clarence E. MacPhee 14 Baker Ave . Sunday Sales (renewal) Village Variety 93 Mass . Ave . Lex Cab. Co. 11 Depot Square Public Carriage " 1 135 Upon motion duly made and seconded, it was voted to sign an Order for the construction of a sewer in Lockwood Road and Byron Avenue from Rhodes Street a Sewer Order distance of 256' ± easterly on Lockwood Road and from 160' ± northerly of Lockwood Road a distance of 270' - southerly on Byron Avenue . Mr . Adams brought up the subject of establishing a policy relative to Package Goods Store licenses, Mr. James said that occasionally the Board has a Package Start question of this type that it wants to think about for licenses a while , and he suggested thilt this subject be given some thought this week and placed on the agenda for the next meeting, at which time a decision can be made . The Chairman said that he preferred to consider each application as it was submitted rather than to establish a definite policy, because the policy may not be what the Board would want to follow at some future time He said each application should be considered separately as presented. Mr. Ferguson said he agreed with the Chairman. The meeting adjourned at 10 45 P.M. A true record, Attest Executive erk, Selectm . Y�L