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HomeMy WebLinkAbout1959-02-09-BOS-min 18 SELECTMEN'S MEETING February 9, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, February 9, 1959, at 7 30 P. M. Chairman Maloney, Messrs. James, Tucker, Adams and Mrs Morey were present The Executive Clerk was also present Hearing was declared open upon application of William T. Hardy for permission to keep, store and sell 12,000 gallons of gasoline , 550 gallons of fuel oil, 550 gallons of waste oil and 2,000 gallons of diesel oil underground; and 500 gallons of motor oil, 500 gallons of antifreeze above ground and 60 gallons of gasoline in four cars Notice of the hearing was inserted in the January 29, 1959 issue of the Lexington Minute-man and abutters notified, as they appear on the most recent tax list . Mr. Hardy, Mr. Estey, salesman for Esso and two other individuals were present Mr. Estey said that they propose to develop the piece of property at the northwest intersection of Waltham Street and Concord Avenue with a modern service station. At the moment there are a couple of immedi- ate problems one of which is the fact that it is not Hardy possible to find out from the State exactly what is to gasoline be done with Waltham Street. He said it is therefore hearing not possible to file a complete plan at this time . He said he believed the Fire Chief has approved the ap- plication on a temporary basis . Mr . Adams asked, where this is only a preliminary plan, if they would go ahead before obtaining some in- formation from the State and Mr Estey replied in the negative . Mr. Adams asked if the garage across the street would be operated and Mr. Hardy replied that it would for a time . The Chairman asked if Mr. Hardy owned that corner, and he replied in the affirmative . He said the pumps are close to the street The Chairman asked if the present station would be abandoned if the application were granted, and Mr. Hardy replied he thou-ht it would He said it is not a gas station now. The Chairman said that there are pumps there and a permit has been issued. Mr Hardy said that was correct. No one present wished to speak in opposition and the hearing was declared closed at which time the group retired 19 Mrs . Morey suggested that before anything is done , Concord Avenue should be made fifty feet wide . Mr. Stevens advised that he thought the Board would not want to grant the license to store petroleum products until Mr. Hardy has obtained a permit from the Board of Appeals to operate a gas station. It was agreed to advise Mr . Hardy that the Board would hold the application and consider it further after he has had a Board of Appeals hearing. The Chairman reported that the Chamber of Commerce has made an appointment to discuss police protection in the center, but cancelled The Chairman read a letter from Mr. Irwin, Build- ing Inspector, relative to additional office space for the Board of Health Mr. James said that there is no place fbr Mr. Lurvey to work when people are around and the Board wanted a Board of place where he could have a desk. He said he did not Health think there was any major problem space Mrs Morey asked if the room to which the Board referred was large enough to be divided, and Mr. Adams replied in the negative . Mrs . Morey said that for efficiency of operation, Mr . Lurvey should be near the Clerk . Mr. James suggested that the Assessors use the larger conference room and make the smaller one avail- able to the Board of Health Mr. Adams suggested that someone from the Ad- ditional Town Office Building Committee look into the situation to determine a solution. Mr. Stevens said that the Planning Board wants to get a certain article in the warrant but as yet Planning it is not ready. He said a special warrant could be Board issued for a special meeting to be held at one of the article sessions of the Annual Meeting, but this has never been done during his time as Town Counsel . Mr. Carroll, Superintendent of Public Works, ar- rived at the meeting. He reported that on November 22, 1958, he made an appointment to see Mr Nicholas L . Durso, 5 Pat- terson Roqd, about the possibility of his granting an easement to the Town. At that time , he wanted a sewer service , about $150, without charge and a manhole in- stallation without charge He then met him on October 27, 1958 at which time Mr Durso wanted a free sewer service plus $400, and Mr. Carroll told him he thought 20 rz CV r4 the request was unreasonable He told Mr Durso that he did not think there was any chance that betterments would not be assessed because therewas no question in his mind but that the property is being bettered. Mr. Durso met with the Board. He said Mr. Carroll contacted him about an easement on his land in October, at which time Mr. Durso brought to light some of the things he had asked the Town to do about five years before . He said Mr. Carroll refused to take the boulders out of his land, which were on the easement and should have been taken out He said they talked about a fifteen foot easement plus a ten foot temporary easement. He told Mr. Carroll that he wanted for the easement, but Mr. Carroll felt his demands were unreason- able . He said Mr. Carroll also told him he would con- tact him before the Town took the land. On January 9, 1959, he received a registered letter which he said he felt was very underhanded The Chairman explained that it is the usual pro- cedure in any land takings and there is nothing un- usual about it. Mr. Durso said that it might be usual, but he was told by a Town official that he would hear before any land was taken. He said as a matter of courtesy, the property owner should know what is being done . The Chairman said he could appreciate Mr. Durso' s position, being an individual property owner, but that is the procedure the Board follows all the time . Mr. Durso said Lexington is the only Town in the Commonwealth that takes land without letting the people know. He said he checked it with his bank and they had never heard of anything like it . The Chairman explained that the Board meant no of- fense and means no offense , and did not deprive Mr Durso of his rights . He said it is something that had to be done Mr. Durso said that the Board had definitely offended him. He said he knew the ea ement had to be taken and wished the Town had given him the courtesy of a letter advising when and how the taking was to be made . Mr. Durso said he was not happy about the tree . Mr. Carroll told him the tree would not be taken and on the plan, it shows a tree being taken. Mr. Carroll explained that he said the tree would not be taken down. Mr. Durso said according to the plan the tree is coming down and Mr. Carroll explained that the tree is in the easement, but it will not be taken down. Mr. Durso asked what the Town would do to reimburse him for some of his labor. 21 The Chairman said the Board would have an appraiser examine the property and advise the Board what damage, if any, has been done to the property. Mr . Durso said it was not the damage , but some of the labor, money and inconvenience . The Chairman explained that Mr. Durso still owns the property. Mr. Durso said he has lived in Lexington for five years and when he purchased the property, it was a swamp. He put in over 1,000 yards of fill . Mr. Adams asked for a plan of the area involved, and Mr. Carroll submitted one . Mr . Durso said even though the land is only ten feet, he has done a lot of work on it Mr . Carroll explained that any work Mr. Durso has done nothing whatsoever to do with the sewer easement, He also explained that the Town has to restore the land to its original condition. Mr. Durso said it cost him over $80 to have the boulders removed which the Town refused to do, and Mr. Carroll explained that the Town had no right to take them out . Mr. Durso said the land was supposed to be filled and covered but Mr. Newgent didn't do it and the Town did not follow it up. Mr. Adams asked if Mr. Newgent put the pipe in, and Mr. Durso replied that he put it half way. He said he definitely feels entitled to something. Mr. Stevens suggested that Mr. Durso wait until the work has been completed and see how it looks . Mr Durso said that right now he is looking for some reimbursement Mr.James said that two different problems are being discussed; one the sewer easement and the es- timated damages, etc . , and the other is an incident now four years old. Mr. Durso said that might be true , it is four years old. Mr. James said that if the sewer was not going through there now, Mr. Durso probably would not be meeting with the Board. Otherwise, he would have come in earlier. Mr. Durso said that he would not be here . Mr . James said that seems to dispose of the four year old problem. Mr. Durso said it was the letter he received, Mr. Stevens suggested that it be left with the Superintendent of Public Works and himself to work out with Mr. Durso any proper payment to him as any damage resulting from the taking. He explained that he had 22 CD CV obtained a real estate appraiser to examine the property and give his opinion. He said when he receives that opinion he will sit down with Mr. Durso and then come back to the Board Mr.Durso said it seemed fair right now. He said he wanted this settled before the contractor even starts digging. Mr. Carroll reported that work has been started but not in this particular phase . Mr. Stevens explained that the reason the taking was made is because the contract has been awarded. Mr. Durso asked if he could assume that he would hear from the Board within a month, and the Chairman said he would hear from Mr. Stevens, Mr. Carroll or both. Mr. Stevens explained that the purpose of the let- ter was to let the owners know what has been done , let them know the period of time they have to protect them- selves and what they have to do to protect themselves . Mr. Durso said he would expect to hear from the Board within two or three weeks Mr. Stevens said he would hear from Mr. Carroll or from him. Mr. Durso asked if he had to let the contractors in his driveway and Mr. Stevens replied that he has to let them in the easement Mr. Durso retired at 8:30 P. M. Mr. Carroll reported that he and Mr. Lurvey, Ex- excutive Health Officer, went over Holton Road with Mr . Higgins . They checked every house and asked how may were having difficulty and found that only four or five people were having trouble One house was vacant and according to the people across the street, Holton Road that house has had trouble three times . Holton Road sewer Mr. Carroll presented a plan showing Holton Road, sewer Wood Street and Patterson Road. He pointed out the houses signed up for sewer and those having trouble . Mr. James said he was in favor of installing the sewer in Holton Road The Chairman said that work will be going on in the area and he did not think the Town would get it installed at a later date for any less money. Mr. Carroll said that he thought the sewer should be installed. It was unanimously agreed to include an item in the budget for installation of a sewer in Holton Road. Mr. Carroll presented a plan of the proposed sewer in Wood Street. 23 Mr. Adams said that on this one he would prefer to hold off. Mrs . Morey said she did not think Wood Street should be torn up until the access road is put in. Mr. Carroll said it is supposed to be done by August 31st, but he doubted if it would be He said he did not think the Town would save very much money by not doing Wood Street now. Wood Street The Chairman pointed out that 66-2/3% of the Sewer people had signed for the sewer on Wood Street and the other areas are being done . Mr. Carroll said that if Wood Street is defer- red until next year, it will just be added next year to all the other requests that come in. He said the Board would be putting off a project that will only have to be considered again next year . Mr. James said that capital expenditures are a little light this year and next year they will be heavy again. Mr. Carroll said he would like to have the sewer put in and the people want it. It was unanimously agreed to include an item in the budget for installation of a sewer in Wood Street. The Chairman read a letter from George E. Bullock, 17 Longfellow Road, in reply to theBoardts letter of February 10th, advising th-t the people in the area feel sewers should be installed immediately and not deferred until 1961 or 1962. Mr. Carroll explained that the trunk sewer has to come from Route 128 and he still felt it would be 1961 Sewers or 1962 the way the sewer program is going Mr . Adams said that the Board is committed on the Minute-Man Highlands sewer, and asked where that left this one . Mr. Carroll said that it would be 1961 or 1962 and will cost in the vicinity of $200,000 or $250,000. The Chairman read a letter, signed by residents of Burlington Street, asking the Town to take steps to eliminate a serious hazard which exists on the Burlington blind curve between the driveway at 130 and 138 Burling- Street ton Street. Mr. James said the only solution is widening Burlington Street and installing surface drainage all the way. Mr . Carroll said that a layout would have to be made . I 24 � . 'i7 Mr Carroll retired at 9:15 P. M. Certification was received from the Division of Civil Service on the Board' s requisition for Patrolman one permanent patrolman. It was agreed to arrange to interview the three candidates . Upon motion duly made and seconded, it was voted License to grant a Sunday Sales license to James W. Dacey, d.b.a. Concord Hill Market, 2219 Massachusetts Avenue . Further consideration was given to application for a Retail Package Goods Store license received from Robert P. Kinneen and Edward F. Leary, for the sale of all alcoholic beverages not to be drunk on Package the premises located at 373 Massachusetts Avenue Store Upon motion duly made and seconded, it was unani- mously voted to reject the application as, in the opinion of the Selectmen, the present four retail package stores are adequate in number and location to meet the reason- able demands of the public for places at which it may obtain alcoholic beverages. The Recreation Committee met with the Board. The Chairman said the purpose of the meeting was to discuss the Recreation Committee budget Mr. Adams questioned the $1,000 increase on supervision and instruction. Mrs . Wanless explained that the Committee plans to increase its summer program and several items have been included for expansion of the recreation program. Recreation The Chairman mentioned that the amount for as- budget sociation dues has increased and Mrs. Wanless explained that this amount depends on how many members of the Com- mittee attend the Annual Meeting . She explained that the item for transportation is for transporting teams. Mr. James said that approval would have to be ob- tained from the School Department for some of the itOms and he said it seemed logical for the School Department to pay for them. Mrs . Wanless said the School Department might say they are not an intregal part of the school program . Mr James said he was merely suggesting that the department might underwtte some of this . Mr. Ferguson pointed out that if the Fiske School item is not done as soon as the budgets are acted on by Town Meeting, it will not help much Mrs. Wanless reported that the Lions Club has requested permission to use the old reservoir for a 25 fishing derby. She said it is intended to stock the reservoir with trout. The Recreation Committee agreed to the program and the Board of Selectmen had no objection. Mrs . Wanless asked about parking on the other side of the old reservoir. Mr. Ferguson said they would like to know if the area can be made into a parking area. The Chairman said the Board would discuss it with the Superintendent of Public Works. The Committee retired at 9 L10 P. M. The Board con:;idered the budget and it was voted to eliminate the item of $5,000 for track, approve the $1,000 for a picnic area with the provision that it will not be used until the Planning Board has deter- mined how the Willard property is going to be developed. The last six items in the budget, totalling $4200, were transferred to the Park Department budget . The Appropriaticn Committee met with the Board at 10:10 P. M. The Chairman went through all the budgets and ad- vised the Committee of action taken on each by the Selectmen. The Appropriation Committee retired at 11 :15 P. M. , and the meeting adjourned. A true record, Attest : /fe exec ive erk, Se le ctme I A < « v