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HomeMy WebLinkAbout1958-12-29-BOS-min -648 0,1 SELECTMEN'S MEETING December 29, 1958 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, December 29, 1958, at 7:30 P.M. Chairman Maloney, Messrs . James, Tucker, Adams and Mrs. Morey were present. Mr. John J. Carroll, Assistant Superintendent of Public Works, and the Executive Clerk were also present . Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate four poles on Worthen Road. Mr. Mahon, representing the Boston Edison Company, was the only person present at the hearing. The Chairman inquired about the proposed locations and Mr. Carroll explained that they are for the Grace Chapel. Mr. Adams asked if these four poles were to be Pole lo- part of a plan to illuminate the entire road and Mr. cation Carroll replied in the negative . The Chairman stated that these poles would sup- ply power to the Grace Chapel. Mr. Adams asked if all four poles would have lights and the Chairman replied that they would not unless the Board made a request. Mrs . Morey asked if the poles would be on lot lines and Mr . Mahon replied in the affirmative . Mr. Mahon retired at 7:37 P.M. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the fol- lowing pole locations: Worthen Road, northwesterly sidd, north- easterly from a point approximately 275' northeast of Massachusetts Avenue,-- four poles. Mr. Stevens, Town counsel, arrived at the meeting. Mr. Carroll said, being as brief as possible , he wished to apply for the position of Superintendent of Sup't. of Public Works . He informed the Board that he has been Public Works Assistant 'superintendent for three years, is a regis- tered professional engineer in Massachusetts and has completed a course in Public Works Administration, 549 conducted by the International City Managers ' Associa- tion. He said the men and women who work under him have confidence in him and respect for him. He also said that he has every confidence in himself, and has always tried to better himself which is the reason he desires the appointment . He explained th-t if he is not ap- pointed, in an effort to better himself, he will probably be leaving ]Lexington. Mr Carroll said that Mr. Gayerts resignation came at an unfortunate time of year with budgets to be dis- cussed and snow removal, and he would like to make decisions relative to these as Superintendent of Public Works He said that due to the fact Mr. Gayer indicated he would like to leave as soon as possible, he felt the Board would arrive at a decision as soon as possible so the work can proceed without too much. interruption. Mr. Carroll said an easement is needed in Patterson Road to construct the sewer on which bids were opened this afternoon. He explained it is located on the west side of Route 128 and indicated to the Board the lo- cation on a plan. Mr. Carroll reported that he has talked to the abut- ' tors and they all want something in way of consideration, some of which he considers unreasonable, especially Mr. Napoli. He suggested that the Board make a tkking now Patterson and then try to obtain confirmatory deeds later on. Road sewer Mr. Tucker asked what Mr. Napoli wanted, and Mr. easement Carroll replied that he wants abatement of any better- ment on the lot when the sewer is put in Wood Street, plus an abatement on the lot indicated on the plan, plus a free service to the house . The Chairman asked if the sewer would go in Wood Street, ani Mr. Carroll replied that this sewer would not . Mr. James explained that it would provide the main and asked what Mr. Lindsay wanted. Mr. Carroll reported th^t Whitman & Howard went in and cut through his property He wants them to pay for the damage to all the trees . Mrs. Morey asked if Whitman & Howard did the cut- ting without permission, and Mr. Carroll replied in the affirmative . Mr. Carroll reported that Mrs. Ross, through her attorney, wants about *200 or *300. She has a parcel of land that is locked in. Mr. Stevens said it has value only to an abutter and does not have frontage on a street. Mr. Carroll said that Mr. Durso wants a free sewer 550 1.4 service plus $100 which he felt, in his opinion, was fairly reasonable . Mrs. Morey asked if the property was all landscaped and Mr. Carroll replied in the affirmative . Mr. Stevens explained that the Town would have to restore the property to its original condition. Mr. Carroll advised the Board that there is no choice as far as the location of the sewer is concerned. Mr. Stevens said he did not see what else the Board could do. If there were an alternate , it might be worth- while to have a real estate man submit a figure . How- ever, it appears that there is nothing to do but proceed to have the order of taking prepared. Mr. Adams asked how much of Patterson Road this sewer would serves; and Mr. Carroll replied that it would take everything but the dip, Holton Road, Wildwood Street, Wood Street and the hill. Mr. Stevens suggested that Mr. Carroll obtain ap- proval frau the Department of Public Works . Upon motion of Mr. Adams, seconded by Mr. James, it was voted to have an Order of Taking prepared. Mr Carroll referred to proposed curbing on Mar- rett Road, and explained that he was requested by Mr. Gayer to bring the subject up. Mr. Kiernan, of the State Department of Public Works, said that the State Curbing would put in a bituminous concrete hot top curb and would probably put in a sidewalk up to subgrade the same as on Lowell Street. Mr. Kiernan also said that Mr. Hanron wanted it clearly understood that there will probably be complaints received from the people due to the fact that their driveways will be much less in width. Mr. Stevens asked if it wouldbe necessary to ob- tain alope easements, and Mr. Carroll replied that he did not think so. Mr. Carroll informed the Board that the sum of $5300 is needed for unpaid bills incurred during the Transfer last snow storm. He said he understood the Appropriation Committee is meeting this evening and he has already ad- vised the Town Accountant that additional funds are needed The Chairman asked for a breakdown and Mr. Carroll explained that $1287.21 was previously certified for pay- ment $858.61 for hired equipment, $1,877.02 for sand and $1,178.50 equipment rental. The Chairman asked if this amount included the Town equipment used on snow removal and Mr. Carroll replied in the affirmative and explained it was in the itme of $1,178.50. He said that he was taking a chance that there will be no more snow this year. Mr. James suggested that Mr. Carroll met with the 501 I Appropriabinn Committee this evening and explain his request. The Chairman asked if the Board had any questions relative ;o the position of Superintendent of Public Works and Mr. Adams suggested that Mr. Carroll put the statement made by him to the Board in writing and add anything lse he could think of. Lett r was received from Roger B. Leland, attorney for Leona d Jellis, relative to Mr. Jellis ' attempt to purbbase parcel of land located at the intersection Lennard of Laurel and Reed Streets. Mr. Jellis is prepared to Jellis pay the a.m of *10.30 unpaid taxes for 1956 and 1957 plus a seiner betterment in the amount of $430.77. Mr. 3tevens said he understood, when the subject was discussed before, that Mr. Gayer was going to have a plan praypared and then it was to be passed upon by the Board. Mr. Carroll said that there are funds in the budget for water , sewer and pavement, but he did not know the Board was waiting for a plan. The Chairman asked Mr. Carroll to have the plan ready for the next meeting and Mr. Stevens said he thought ' the Planning Board should look at it . It was agreed that Mr . Carroll would have the plan prepared, discuss it with Mr. Snow and have a report ready for the next meeting. Letter was received from Mr. Stevens, together with copy of h:Ls letter to the Town Clerk and a copy of the deed from the Town to Josiah Willard Hayden Recreation Centre, Inc . of a triangular piece of land containing Deed to 1.2 acres The deed was dated September 8, 1958 and Hayden Beer. a duplicate recorded by the grantee in Middlesex South Centre District Registry of Deeds on December 18, 1958 in Book 9291, Page 426. The Chairman read a letter from Thomas G. Lynah submitting his resignation as a Trustee of Public Trusts ani the Bridge Charitable Fund, effective December 31, 1958, or at any other date agreeable to Resignation the Board . In a telephone conversation with the Clerk, Mr. Stevens stated that he had not suggested to the Board, and perhaps should have, th'It if the resignation was accepted In the immediate future, the Board would have an opportunity to appoint someone for the interim up to the annual election. As long as the vacancy exists on election day, it is the same as Mr. Carroll running for the office of Treasurer. He is still in office until the election Mr. Stevens explained to the Board that if the resignation is accepted now, the Board can appoint someone for the interim. The other way is to have the resignation take effect the first of March. If any emergency arises, the Trustees could act if they had to. He said there is no reason why nomination papers cannot be taken out. It was agreed to ask Mr. Lynah to reconsider and establish the effective date of his resignation as March 1, 1959, and to submit his resignation to Mr. Carroll, Town Clerk. The Chairman read a letter from Mintz, Levin and Cohn, representing the Lucky Penny Trust and the Meryl Robert Trust, advising that the trust is interested in acquir- Tax title ing tax title lots 25 and 26 located on RaTgeway. Mr. Snow, Consultant to the Planning Board, would like further information as to what these people pro- pose to do as it is possible the Town may not want to grant an access if that is what they want He reported that Rangeway is practically impassible and it could result in assessment of betterments. This group has purbhased the McDevitt land on Burlington Street and the Potter-Ferguson land on Grove Street. Mr. Carroll reported that this group approached him with a subdivision plan of Grove Street which had only one entrance . He told them as far as he knew, the Planning Board would want another entrance and exit as that had been the policy in the past He said he pre- sumed this letter was a result of that conversation. Mr. Adams suggested that the matter be referred to the Planning Board and that the attorney be advised to submit a plan to the Planning Board before the Select- men take any action. Upon motion duly made and seconded, it was voted to grant the following 3/o pole locations, all having been approved by Mr. Carroll: Wilson Road, southeasterly side, north- easterly from a point approximately 15' northeast of Marrett Road, -- 6 poles . Roosevelt Road, northerly side, westerly from a point approximately 110' west of School Street, -- 5 poles 111 FV'td ) Ellison Road at Leroy Road, -- 1 pole Ellison Road, easterly side, northerly from a point approximately 601 north of Leroy Road, -- 6 poles. Petition was received for acceptance of Peacock Farm Road extension from Trotting Horse Drive to Baker Avenue an: all of Compton Circle . Mr. •arroll explained that the work is completed Street Ac- on these - treats which are sections four and five of ceptance the subdivision, but Mr. Stevens advised that there are some -asements to be taken care of. Mr. tevens reported that section five is taken care of a d another plan is being put on record on section fiur. It should be cleared up within the next two weeks well in advance of any acceptance . He stated t : t the Board could include these in the war- rant and f they are not ready, they could be postponed Mr. ' arroll said that he felt Baker Avenue should be accept:d and done at the same time. Mrs. Morey inquired about the abutters and Mr . Carroll replied that there are three or four but the betterments would not be high. The " hairman asked if Mr. Carroll would be pre- pared to ive the Board a recommendation next week. He also a:ked if this is a project for which a petition should be obtained from the abutters or if the Town could dec:Lde to accept the street. Mr. Carroll stated that there will be an accepted street on both sides of approximately 200 feet not con- structed. Mr. Carroll retired at 8:37 P.M. Letter was received from the Board of Appeals ad- vising that a new typewriter is needed in that depart- ment which will cost $152.75 net There are sufficient funds in the budget to cover the cost and unless the S;11ectmen object, the Board of Appeals will use the Board of available funds . Appeals The _atter also referred to the charge for Board of Appeals hearings . Presently it costs ;5.00 for advertisingand $t .00 for the stenographer, plus postage , stationer and time which totals about $15. per hearing. The Board of Appeals suggested increasing the fee from $5.00 to 15.00. II The Board felt that the present fee is apparently z inadequate and voted to increase the charge to $15.00. ' Mr. Stevens said that he heeded a transfer of funds in connection with the Hancock Church - Historic Districts Commission matter. He filed an appeal to the instrument described as a decision and advised the attorney for the church but has not heard from him on it . He said the Commission does not have enough money nor are there sufficient funds in his account . Mr. Adams said he thought, in view of this case , Transfer the building committee and the Commission have been arbitrary. He said the very thing discussed when this was presented to Town Meeting was that the first Commission would have a very difficult job to do . He stated that the question of any term as Colonial was not the intent . He said he thought an impass had been reached and if this gets into any further discussion, it will be bad for the Town and for the Historic Districts Commission. Therefore , before he would agree to taking it into Court, he thought both groups should meet He said if the Town loses the Historic Districts Commission, it will be a real tragedy, and he thought there should be one more attempt made to bring the two groups together to work out some plan. 111The Chairman said that had been his feeling all along. Mr. Stevens explained that there was only twenty days in which to make an appeal which had to be taken The next step is to designate the portion of the record. He said he was willing, and Mr. Davis gave every indi- cation that he was willing to sit down. Mr . Adams said he thought this could do much damage . Mr. Stevens said the transcript of testimony is 268 pages at an estimated cost of $5.00 per page or $1,340 The other charges at $4.0.0 per page make up an amount which added to $1,340 gives an estimate of $1,460. Mr. James asked how many copies could be had for $1,460, and Mr. Stevens replied he thought about twenty and it might even be fifty, but there is a set number that has to be printed. He said that in addition would be the cost of printing the brief and that would depend on the length. The Chairman said this could run into $3,000. Mr. Adams said this makes it the business of the Selectmen, and he thought it would be a proper function for the Board to get these two groups together again in an effort to settle the case . Mr. James said that the committee does not represent the church. Mr. Tucker suggested a transfer to be earmarked and not to be used by Town Counsel without approval of the 55a Board. I= it Utpossible to get the two groups to- gether, he ma ave to spend it . If the two groups can't get together, the money will be available . Mr. Adams said all he was alsking was for a meet- ing without any strings and that the committee and the C ommiesion be asked to get together. Upon motion of Mr James, seconded by Mr. Tucker, it was voted to request the Appropriation Conn }ittee to transfer the sum of $1,460. from the Reserve rund to the Law Department Expenses Account, this amount to be earmarked and not to be expended without consultation with the Board of Selectmen . Further consideration was given to an application, received ::'rom Ellwell Incorporated, for a retaia package store license for the sale of all alcoholic beverages not to be drunk on the premises located at 55 Massachu- setts Avenue . License 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 reasonable demands of the public for places at which they may obtain alcoholic beverages. Further consideration was given to the appointment of a member to the Board of Assessors . Upon motion of Mr. Adams, seconded by Mr. Tucker, Assessor it was voted to reappoint Mr William I. Burnham a member of the Board of Assessors for a three-year term expiring January 1, 1963. The Chairman read a letter from the Town Clerk, Resignation advising that Malcolm L. Allen had resigned as a member & of the Recreation Committee and the vacancy filled by Appointment the Moder tor by appointment of Richard Sparrow, 8 Wingate R ad. The hairman reported that he went over to Mr. Carrollts piggery on Allen Street and was advised by Mr. Carro 1 that he did not have any discussion with Mr. Lurve . Mr Lurvey sent him a registered letter requests certain things to be done . The hairman referred to Mr. Tropeanots letter of December , 1958 and the Planning Board' s letter of the same date both in regard to Worthen Road. He reported Tropeano that he d talked with Mr Tropeano who does not want to change his plan. Mr . Snow does not want to have any discussion with Mr. Tropeano unless he talks to the Planning Board, because that Board feels its layout is a better layout and it ha: been very fair. Mr. Adams said if Mr. Snow has a good reason for not accepting Mr Tropeano' s proposal, he would go along with Mr . Snow. The Chairman referred to Mr. John Carroll' s ap- plication for position of Superintendent of Publid Works . Mr. James said he would like to talk to Mr. Carroll, and Mr. Adams asked if the Board shouldn't place an advertisement in the trade magazines . Mrs . Morey said she would make him Acting Super- intendent . Mr. James did not agree , and said he would prefer something definite . Mr. Adams said this is an important position and he wanted time to think it over . The Chairman explained that Mr. Carroll was hired with the purpose of being able to take over the position. Mr. Adams said he saw a lot of Mr. Carroll and he still felt it was a big decision. Mr. James said he did not want to be misunderstood and he is not ready to appoint Mr Carroll to the position. However, he is better known and what he can do is better known by the Board than any applicant. Mr. Adams said there was another suggestion. Mr. Rupert Stevens always said the Tawn Engineer was in ef- fect the inspector of the Public Works ' jobs . No decision was arrived at. The meeting adjourned at 10:50 P.M. A true record, Attest: -Execntiv Cle . , Selectmen. 1