HomeMy WebLinkAbout1959-01-26-BOS-min 5e`)
SELECTMEN' S MEETING
January 26, 1959
A rega.iar meeting of the Board of Selectmen was
hid in the Selectmen's Room, Town Office Building, on
Monday, January 26, 1959 at 7 30 P M. Chairman Maloney,
Messrs . James, Tucker, Adams and Mrs. Morey were present
The Executive Clerk was also present .
Mr. James J. Carroll,Town Clerk, met with the Board,
for the drawing of four jurors . The following individuals
were drawn for jury duty: Edward J. An ews, 18 Watertown
r Street; Charles S. luck, 16 Spring Street; Charles F Kitch-
ing, 14 Sherburne Road; Charles V. Campbell, 60 Munroe Road
Mr. Carroll retired at 7:33 P. M.
Roger B. Leland, attorney, Mr . and Mrs. Leonard
Jellis, Joa-x E. Hossfield, Barton A. Waldo, Mr. & Mrs.
Nichola A.1 Federici met with the Board to discuss the
proposed laying out of Laurel Street from Reed Street
for a distance of 100' ± northeasterly
Mr. Stevens, Town Counsel, and Mr. Carroll, Super-
intendent of Public works, were also present .
Mr. Stevens said that all present were familiar
with the so-called triangle on Reed Street which has Laurel and
been a mystery for a number of years . He stated that, Reed Street
in view of the field work done , there is no question
but back in 1870 Mr Reed who owned the land, after
the Select-nen refused to lay it out, went to the County
Commissioners and they did lay it out as a town way
from Bedford Street to a point which brings it to the
upper part of the triangle . That was Reed Street as
a town way. A few years after that, Mr. Meagher had
his plan prepared which showed the triangle and Reed
Street in the way most people are familiar with. Some
time after th-t the Town did lay out to Center Street,
Reed Street as it is now called. He said in order to
clarify tha situation once and for all, the Selectmen
have been considering, and want to discuss, a proposal
to relocate, alter or lay out Reed Street from a point
back beyond the end of the triangle down to where the
blacktop a.zrface now is, down to Reed Street, laying it
out so that -anyone could go up on the ground and know
exactly where the edges of the street are , and to lay
out Laurel street as a town way and bring it down this
triangular piece into Reed Street. Mr. Stevens explained
that this wlould leave the land now occupied by the dirt
surface and the triangular piece itself, which the Town
has acquired for nonpayment of taxes . Taxes were as-
sessed to Meagher, the last owner of record, and on
nonpayment the tax lien has been foreclosed. That
would involve a transfer to the owners of the adjoining
properties of those pieces of the triangular parcel
situated between their boundaries as extended. Then
every owner would own out to the newly located Reed
Street. The terms on which that would be done have
not been discussed,but it would depend on the circum-
stances . He said he assumed something would be done
to prevent traffic from using it . He explained that
in the order relocating Reed Street, it would be stated
that any rights of the public in this other portion of
the road would be abandoned and that would be discon-
tinued as any kind of a way. He said it may be that
the abandonment took place as a matter of law, but
nothingis clear on these records and it would seem to
everyone ' s interest to get it cleared up
Mr. Leland said that after discussing this with
Mr. Stevens, he met with most of the people one evening
discussion week and went over thediscussion Mr. Stevens has
given. He said there are some questions he would like
resolved Some of the people thought their line would
be a right angle projection from the east side of Reed
Street to their property oorner rather than a straight
line projection. He said this may be worked out. The
consideration that would pass from the property owners to
the town for this is one of the questions . If there would
be any betterment charges on the part of Hossfield and
Jellis for the improvement of Laurel Street is another
question. Another question is assessment to the owners
of the property for having acquired more real estate .
He asked if any consideration had been given to the re-
location of the Edison poles .
Mr. Stevens explained that as far as the assessed
valuation ie concerned, the Board could not speak be-
cause that is a matter exclusively within the juris-
diction of the Board of Assessors.
Mr . Leland said that if these people had some idea
what this would mean in future costs, it would help
them make up their minds .
Mr. Stevens said it would come down to the question
of whether it increased the value of the property. Some
have very small areas and some larger.
Mr. Leland asked if it would be possible to have
some determination from the Assessors .
Mr Stevens replied that they could be asked what
they thought about it.
The Chairman explained that it could not be done
this evening.
Mr. Leland said one of the biggest problems is the
acquisition cost.
The Chairman asked if all the abutters were pre-
sent and Mr. Leland replied in the affirmative .
The Chairman asked if All the abutters were in-
terested in acquiring this and Mr. Leland replied he
could safely say yes .
Mr. Hossfield said it depended on the cost.
The C ha irman explained that the Board has not pro-
gressed to the point of discussing the price but was
interested in finding out whether or not the people
are interested in acquiring this .
Mr. Leland said it is his impression that they are .
He said at (least when he spoke to them it was their
opinion if it was an acceptable price, they were interested.
Mr. Hossfield said there is already a sewer assess-
ment and be asked what other assessments would be .
Mr. Stevens explained that the sewer assessment is
pn now . It' is on the lots not on the triangular piece.
The sewer assessment is there anyway and would not be
disturbed, and that would not represent any cost aris-
ing out of the acquisition.
Mr. Hossfield asked, if there is going to be an
expense to the town, how much the abutters would have
to absorb.
Mr. Carroll replied that Laurel Street would only
be built across the triangle, and no assessment was
being figured.
The Chairman asked about accepting all of Laurel
Street and Mr. Carroll replied that it could be done .
Mr. Stevens explained that would be based on the
pattern of assessing betterments.
Mr. Carroll said that if the entire street is built,
sewer would have to be instilled. He explained that the
sewer in Reed Street is deep enough to go into Laurel
Street. He said it would go across the old portion of
Reed Street for which there would be no assessment. He
also explained that the poles could be relocated.
Mr. Dellis said that it is a high-tension line to
the pumping station
Mr. James explained that there is no problem in-
sofar as the poles are concerned.
Mr. Leland said it was his understanding that there
is no abutting of these people on Reed Street. He asked
if there is an obligation to the sewerage betterments be-
cause of their not being on Reed Street.
Mr.Stevens explained that he has advised the Board
that the authority to levy the assessment is not based
on the frontage of the street but on the fact whether
or not the property can be sewered through the lateril
6.86
that has been put in. He said the town has acquired
this triangular piece of land And there is no question
but that the property can be sewered In his opinion
h He said if no better-
mentsewer betterment is legal. a
ment had been put on and any one of the abutters had
trouble and wanted to connect to the sewer, they would
have to pay a connection charge in lieu of betterments
which would mean paying for it to one lump sum. They
would not be as well off as on the betterment assess-
ment which can be paid over a period of twenty years .
Mr. Leland asked if there would be any problems
if the park was turned into a park
Mr . Stevens said there would be no problems as
long as the town owns the land because a line can be
put through town property
Mr . Leland asked what other expense or interest
the town has in holding the property.
The Chairman aaid that the Board has not discus-
sed the value but i+ does, he thought, feel it should
get the expense it has cost the town to handle this
problem.
Mr. Stevens said the subject would be reviewed,
the cost determined and the information ready for the
hearing on February 5th.
The group retired at 8:10 P. M .
The Chairman asked what the cost should be and
Mr. Stevens said he would ask Mr. Carroll, Town Clerk,
what he has on his books for this property.
The Chairman read a letter from the Lexington
Historical Society referring to two ancient buildings
near the railroad track on the Buckman Tavern grounds .
The Society urged the Board to have the buildings re-
9 Hancock stored and a committee , from the Society, would, with
Street the Board' s permission, survey them to see if they
might be used in an historical capacity.
Robert Naka, Frederick B. James, Frederic K. John-
son, Robert M. Soule and Mildred Ayers, of the Lexing-
ton Chapter American Red Cross met with the Board. Mr.
James acted as spokesman for the group.
He said that the Red Cross, at the present time, is
located in the Savings Bank building where they have
one room, and which is very inadequate It is necessary
to hold all meetings at other locations and everything
but clerical work is done outside the office . He said
the Red Cross would like to propose that the Town of
Lexington lease to it the building at 9 Hancock Street
for the sum of $1.00 a year . The organization would as-
sume all responsibility of upkeep, insurance and other
587
cost and it would be nf no expense to the town. The
organization would like to make a few alterations in
the building. They would want the back entryway for
group meetings and this could be done by heating it,
removing two closets and laying a floor They would
install an oil burner, paint and paper where neces-
sary
The Chairman said the Board understood the Red
Cross was interested in the building and explained
that others are interested. He said he thought the
Board would like to discuss the subject and try to
arrive at some decision but it would not be too hasty
in deciding. He explained that at first the Board
did not think there was too much value . From reports,
the building was in a very bad condition. He said
the oil burner belonged to Mr. Garrity and the Board
did not think the building had much value and there-
fore decided not to do much with it .
Mr. Frederick James said that the Red Cross would
furnish the oil burner, and do any other work that need-
ed to be dope .
The Chlairman said if the building is going to be
used, it would be put back into condition properly
and not some place to be used as any old port in a
storm He said the Board figured it would cost several
thousands cf dollars and understood the timbers were
badly eaten by termites . He said there are three sepa-
rate roofs . Several years ago, one of the roofs was
leaking and a builder advised the Board to just put
on shingles unless it was prepared to spend a lot of
money.
The Chairman reported that the Lexington Histori-
cal Society has expressed an interest in the building
and explained that it would not be torn down but would
be entirely up to the Town to decide .
Mr. Adams said thatuse by the Red Cross could not
be long term.
The Chairman asked ifthe Red Cross had to be lo-
cated pm t1 a maim street or in-the center.
Mr. Frederick James replied that, in checking with
other towns, they are not all on a main street, but it
is necessary to be on a bus line .
The Chairman inquired about the present rent and
Mr. James replied that the organization is paying $30
a month but including all the space, not in the bank
building, it would amount to $50
Mrs . Morey asked what the organization would do
about rent if funds were short. She said a discussion
with the f istrict Nurse might give them an idea what
it would cost to maintain a building.
686
The Chairman asked what it would cost to put the building '
into what the Red Cross would consider usable condition.
Mr. Soule said they looked all over it but did not
look at the roof as a problem. He said the sills and
what they could see of the underpinnings seem sound He
said unless there is a problem on the roof, he didn't see
any maintenance problem. He said the furnace is there and
it is a matter of putting a gun into it He said it is
a matter of putting an oil gun into the furnace , tearing
out the closets and putting in a floor . They thought,
with people involved doing the work, it would cost *200.
The Chairman said the Board would discuss the sub-
ject, arrive at an answer and let the Red Cross know of
its decision.
The group retired at 8:33 P. M.
The Chairman said he thought the Lexington Histori-
cal Society should look the building over at its earli-
est convenience
Mr. Tucker suggested that Mr Naka be advised that
in view of developments, no article will be inserted
in the warrant for the Annual Town Meeting in March.
Messrs. Leeland McConchie and Murray Dearborn met
with the Board.
Mr. Dearborn said that they are interested in lots
on Freemont Street about which they have written to the
Tax title Board. He presented a plan and explained why they wish
lots to acquire the property. He said they would tie in with
Mr. McConchie ' s development and he would like to build
on them.
Mr. Adams asked if they were contemplating pur-
chasing any other lots in the area and Mr. Dearborn
replied they would like to.
The Chairman said that the Board has had some dis-
cussion concerning these lots several times and decided
it would be in the best interest of the Town not to
dispose of them.
Mr. Dearborn said he knew the Planning Board is
working on plans for the Town and Town owned land.
Mr. McConchie is interested in this, a little differ-
ent situation, because he is trying to protect his
interests .
The Chairman said that tax title land is becoming
more valuable and the Board questions if it is good
Judgment to sell it . He said there has been some dis-
cussion concerning these lots and another piece of pro-
perty, and the Board would have to go back over it to
determine the reason these lots are not being sold.
Mr. Dearborn said if the Board is going to sell
these lots, Mr. McConchie would like to acquire them.
589
The Chairman said the Board would review what
action has been taken in the past
Messrs . McConchie and Dearborn retired at 8 50
P. M .
Mr. Stevens referred to Dr Benton' s letter rela-
tive to the care of stray or unidentified dogs, hit by Dogs
cars, hurt in fights, shot at or otherwise injured.
It was agreed to advise Dr. Benton that the Board pre-
fers to leave the situation on the same informal basis as
it is now .
Letter was received from Alfred Calabrese , Town
Manager in Burlington, with copies of bill H-1141 and
H-1208 The first bill is to make those excavations
and removal of earth products now considered non-con-
forming uses subject to local regulations The second
bill completes the process by extending the applicabil-
ity of the zoning ordinances to nonconforming uses
Mr. Stevens said he would look into both bills .
Mr. Carroll referred to the Itek sewer and reported
that he spoke to Mr Aldrich last week. He and Mr.
Howard went to see him in an effort to determine where
' the trunk sewer is to be located. He reported that
during the conversation he found out for the first time ,
to his knowledge, that Itek plans to be in and opera
ing December of this year. He said no provision was Sewers
made in the budget before he took over the department
There was an item for the Sickle Brook sewer from
Watertown Street over to the Minute-Man Highlands . He
said it would not be possible to build that sewer this
year because therejust isn' t time available . He
said he instructed Whitman & Howard to prepare plans
so that the sewer at the East Lexington depot up to
Watertown Street will be advertised, and will start in
March. He € explained that he has advised the Planning
Board who has not yet come up with any plan on the lo-
cation of Emerson Road and it is important to begin on that
sewer . He said he recommends just requesting an ap-
propriation for engineering on this. He said if it is
certain that Itek is going to be ready this year, the
Board might consider this for the budget.
The Chairman explained that the Board is aware of
what Itek intends to do and felt that the Public Works
Department was aware of what the Board intended to do .
Mr. Fames said that the engineering was done so
the Town lould be ready to move as soon as Itek was ready.
The E.oard felt that it would be unwise to request
funds for an extension frmm Watertown Street to the
590
Minute-Man Highlands area this year, and agreed to
request an appropriation for engineering.
Mr Carroll reported that he had received re-
commendations for lighting the area from Harrington
Road up to the Atlantic and Pacific . He asked what
the Board would like to do insofar as his budget is
Street concerned.
lights Mrs . Morey explained that this was a result of
accidents at Harrington Road and said that the Board
was going to have sample white lights at Depot Square .
Mr. Carroll asked if there was going to be any
large expenditure for lighting the center
Mr. James said it would be his opinion that no
action should be taken at the Annual Meeting in March.
Mr. Carroll reported that the department is having
difficulty with the skating areas at the Center Play-
ground, Kinneen' s Pond and the High School. He said
that the area at the high school is practically a sieve .
There is a pipe coming in from Vine Brook which fills
this area and is conisolled by a gate . If the valve is
turned off, water goes out from underneath the ice, and
someone could be badly hurt. If the gate is kept open,
the water does not freeze He said Mr. Samborski has
seen him about it . Mr. Carroll felt that the only solution
is to build an earth dike and the peat should be removed.
He informed the Board that numerous complaints are being
received The Shhool Department also complains because
Skating there is no place for the hockey team to practice . He
areas said he is having the same difficulty at Kinneen' s. The
department has to keep flooding the pond and people are
complaining. He said the department is spending con-
siderable time on these areas and there has been some
agitation for flood lights at the High Schook, which,
in his opinion, will increase the problem.
Mrs. Morey pointed out that the skating area in the
rear of the High School is aschool project . It was not
planned by the Board or approved by the Board.
Mr. Adams aaid that a basic plan for skating rinks
should be made this year. He also said the subject
should be taken up with the Recreation Committee .
Mr. Carroll reported that the Town of Winchester
has already awarded the contract for the extension of
Winchester Drive to the Lexington Line . He said there
is an item of $2500 . in Chapter 90 which has been car-
Chapter 90 ried over and if the Board intends to complete this
street, an additional $2500 . shoul.d_be appropriated, as
the project will cost approximately $5,000
Mr. Adams said he would be in favor of requesting
the additional funds .
.c91
Mr. Janes said he thought the town should be pre-
pared, and Mr. Carroll agreed to provide for this item
in his budget.
The Chairman read a letter from the Board of Health
asking that provision be made for additional office
apace, and suggesting that a door be made through the
partition between the Board of Health Office and the
Inspectors ' Office .
It was agreed to advise Mr McQuillan that the Board of
Board does not look favorably upon the suggestion of Health
cutting a door through the partition and ask him to
have Mr. Lurvey confer with Mr Irwin in an effort to
arrive at some equitable agreement which could be sub-
mitted to the Board for consideration.
The Chairman read a letter from Earl W. Smith
advising that a complete restoration and modernization Steinway
of the Steinway Grand in Cary Hall would cost between Grand - Cary
$700 and $800. To provide new hammers and action re- Hall
pairs, leaving the case as it is, would cost $160.
Mr. James suggested that the essential repairs
be made and the exterior refinished He said that
it might be well to ask Mr. Smith how much work can be
done for $500.
Mr Adams said that there are some good musicians
in town and suggested that Mr. Carroll contact them
for advice .
Upon motion of Mr. James, seconded by Mr. Tucker,
it was voted to sign an Order of Taking, sewer ease-
ment through land of Robert Innis, Inc . , located off
Roosevelt Road.
Mr. Carroll retired at 9: C5 P. M.
Letter was received from the Standing School Build-
ing Committee relative to installation of fire alarm
equipment at the William Diamond Junior High School. Fire Alarm
The Committee has been advised by the Board of Fire system new
Commissioners that the cost of the connection to the Jr. High
town system will be $800.
The Selectmen discussed the subject with the Fire
Commissioners and it was agreed that the Fire Depart-
ment would run fire alarm wires from Adams Street to
the edge of the school property on Sedge Road; the $400
expenditure involved to be paid from the Fire Department
Expenses account .
Mr. Adams said he would like to take out the $400
592
item added to the Fire Department budget last Saturday
unless the boxes already planned for are more important
than this one , and Mr. James asked who was to be the judge .
Upon motion duly made and seconded, it was voted
to rescind the vote of the Board on Saturday morning,
January 24, 1959, increasing the amount of extension
of fire alarm from $4,000 to $49400.
It was further voted that the other installation
expenses were to be paid from the Committee ' s budget .
Notice was received from the County Commissioners
advising that the amount which the Town of Lexington is
County to pay for maintenance , operation and repair to the
assessment Middlesex County Sanatorium fd'r the year 1958 is
$23,314.67
Upon motion duly made and seconded, it was voted
to sign a Certificate of Incorporation on behalf of
Kingston L. Howard, David M. Roblin, William H . Enders,
Alfred S.Marotta, Marlin Whitney, John Douglass, George
A. Kolovson and Richard Michelson, satisfactory
character references having been received from the
Chief of Pollee
Letter was received from the American Legion,
Stanley Hill Post, submitting the names of Harold F.
Rycroft and Cornelius P. Cronin as possible appoint-
ments to the Town Celebrations L' ommittee .
Appointment Upon motion of Mr. James, seconded by Mr. Tucker ,
it was voted to appoint Mr Cornelius P. Cronin to
the Town Celebrations Committee to fill the unexpired
term ending April 30, 1961, caused by the resignation
of Murray Dearborn.
The Chairman read a letter fromJoseph 0. Rooney
submitting his resignation as a member of the Town
Celebrations Committee .
Resignation The Chairman was authorized to write to the
Veterans of Foreign Wars requesting that two or three
names be submitted from which the Board can make an
appointment to fill the vacancy caused by Mr. Rooney' s
resignation.
The Chairman read a letter from Mrs . Clare A. Burke
submitting her resignation as a member of the Dental
Clinic .
The Chairman was authorized to write Mr. Paul F.
Resignation Peehler, Jr . , Interim Superintendent of Schools, ask-
ing him to advise the Board whether or not he had
someone in mind who he felt would make a suitable re-
placement .
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The Chairman read a letter from the American
Legion, Stanley Hill Post, requesting permibsion to
solicit funds for the National Polio Foundation Blue Polio Drive
Crutch krogram on Thursday and Friday, January 29th
and 30th.
Upon motion duly made and seconded, it was voted
to grant the request.
Upon motion duly made and seconded, it was voted
to grant an Auctioneerts License to James J. Green, 8 License
Fiske Road, satisfactory character reference having
been received from the Chief of Police .
Further consideration was given to application for
a Retail Package Goods Store license received from
Richard J. McArdle , for the sale of all alcoholic
beverages not to be drunk on the premises located at
62 Massachusetts Avenue .
Upon motion duly made and seconded, it was unani- Liquor
mously voted to reject the application as, in the op- License
inion of the Selectmen, the present four retail package
stores are adequate in number and location to meet the
reasonable demands of the public for places at which
it may obtain alcoholic beverages
Upon motion duly made and seconded, it was voted
to authorize the Chairman to sign a requisition to the Requisition
Division of Civil Service for replacement of Officer
William Meadows who resigned
The meeting adjourned at 10:40 P. M.
A true record, Attest:
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xec tiv/Cler Selec men
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