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HomeMy WebLinkAbout1958-08-25-BOS-min 422 0-c SELECTMEN'S MEETING August 25, 1958 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, August 25, 1958 at 7:30 P. M. Chairman Maloney, Messrs. Tucker, Adams and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr Gayer, Super- intendent of Public Works, and the Executive Clerk were also present. Mr. Stevens discussed the articles in the warrant for the Special Town Meeting to be held September 15th and retired at 8:00 P. M. Mr. John J. Carroll, Assistant Superintendent of Public Works, and eight people, residents of Concord Avenue, met with the Board. Mr. Charles B. Jaixen, 226 concord Avenue, said that his property is the middle one of three that seem to ncord Ave. be involved, and he would like to say what their im- Co newalls pressions have been since they purchased the house. He was told the roadway probably would be widened and at which time there was a banking which was going to be quite a bank, and they should ask for a stonewall and it seemed to be in line . Mr. Bonneau, from whom he purchased the property, talked to Mr. Burns and understood that was in line . He said as far as he is concerned he has been laboring under the impression that was the usual procedure . About last March his wife was in the Town Office Building and inquired about it and was told "why ties, that is the usual thing, but don't quote melt. She did not have any names, but it furthered the impression and did not discourage them any. In April he was on vaca- tion and stopped in and dldsome inquiring about the mains issue then which was to find out about the drive- way, whether it would be a reasonably easier grade or a very sharp grade . He said he did not know to whom he talked at first and he has no sure recollection about the wall being mentioned at that time . He thought it was not . Later he talked with Mr. Carroll and there seemed to be an impression created that he had said something about a stone wall, but he hadn't. He said Mr. Carroll had not discussed the stonewall and the conversation was entirely about the driveway. Mr. Jaixen said that the roadway has been widened and his property has been chopped off and left hanging in mid air and he is concerned. He said what he has learned 423 so far about the plans does not seem reasonable, and they would like a wall. He said that would be the ideal solution for them. He understands that the plans call for an embankment there out off, graded and sodded and a two to one slope . He demonstrated with a triangle, what a two to one slope would give and said it would be a 60° embankment. Mr. Carroll explained that it would be just the opposite and advised that usually the grade never goes up more vertically than it would horizontally. Mr. Jaixen said that above the line of the road- way now the level of his lot , as near as he could deter- mine, is 56 to 58 inches high. He said he was present to learn things and not to give a battle. He asked how theengineers got an angle like that from his property line to the lot line. Mr. Gayer suggested that they look at the cross sections. Mr. Jaixen submitted a letter to the Chairman written by Mr. Richard Woodies, 222 Concord Avenue, who was unable to attend the meeting. Mr. Jaixen said that under the circumstances if the Selectmen, the Town, is not in a position to look upon a wall favorably the people would like to have the Board's suggestion. As they see it now, grading and sodding does not look like a very satisfactory solution to the problem from a maintenance point of view, appear- ance of their property and the appearance it would pre- sent to the people across the street. He said he did not think the Town would be interested in maintaining it and if it is too steep it can 't be mowed. He said he has an idea there may be some other solution and he hoped to find it tonight with the aid of the Board. Mrs. Morey asked about the setback of Mr. Jaixen's house and he replied that as far as he is aware, it should have been thirty feet from the actual face of the house to the property line. Mr. Gayer explained the location of the properties by use of the plans. The Chairman explained that the banking as it was always belonged to the State, Town or County and some day these people had to lose it. One woman, who did not give her name, said that there are only three families concerned and they want the t wn to go along with them. Mr. Francis DeLosh, 234 Concord Avenue, said that he has lived there for seven years and has known that this road was contemplated. He said that he is somewhat pleased eventhough it will make a high-speed road out of it. It is now a speedway with inadequate police protec- 424 tion. However, he is pleased because now they will be able to walk down the street and the widening will im- prove it . Nevertheless he is concerned with the ap- pearance of his property and he would like to know what the Town is going to do to help the people keep the ap- pearance of their property. He said he would like to know' from the Board just what it plans or will do. The Chairman explained that nothing can be done by the Board of Selectmen as it does not have the power to spend the town's money to build stone walls for people . He asked the group to remember that this was laid out, discussed at Town Meeting and most everyone knew it was going to happen. He said that if these people want a stone wall ten registered voters can present an article and the Town Meeting Members can then decide whether or not these people have stone walls built. He said the Town Meeting Members are the only ones who can appropriate money for this . Mr. Adams explained that a petition of ten is for the Annual Town Meeting and one hundred for a Special Town Meeting. He pointed out that an article does not guarantee anything. The Selectmen and Appropriation Committee can oppose it by advising that it has never been done . The Chairman said he understood the State is willing to go back on these properties, with the owner's permis- sion, to give a more gradual slope . Mr. Adams said that several years ago when Grant Street was constructed a professor Shaw had a worse situa- tion and came in very strongly for a stone wall. TheTown did not build it but the situation ended up with a slope easement and it was very satisfactory. Mr. DeLosh said that this had been in the Town some- thing or other and that is true, but none of these people propose to be engineers and do not know how a road should be constructed Personally he either opposes the widen- ing of the road or he likes it, and there is no in between. Mr. Tucker said that there does not seem to be any real problem. Mr. Jaixen inquired about placement of the light poles and Mr. Gayer indicated the proposed location on the plan. Mr. Jaixen asked where the fire hydrants would be placed and Mr. Gayer replied that they would be anywhere between his property and the edge of the street. Mr. DeLosh said he understood it is not planned to raise the road and that presents a terrific situation. Mr. Gayer explained that is because of the people on the other side of the street. Mr. DeLosh said he thought possibly the rise was go- ing to be lowered because that is the most dangerous place in Lexington. 425 Mr. Gayer said an attempt was made to take this im- provement all the way to Waltham Street but the County and State felt they could not participate this year. Mr. Jaixen asked if the people could look to the Public Works Department or the Board regarding this-- some other way if a wall is not feasible from the Town's point of view. He asked if there was any other suggestion of what might be done instead of just sodding. The Chairman said that he did not have any suggest- tion and he did not know if the State or County would have any. They are the ones who set this up. Mr.Jaixen said he understood there is a solution called slope stone utiereby they would put stone there and then plant myrtle which might be a solution. The Chairman said he did not believe the Town has any jurisdiction over the road or layout of the road. The State ists it up and lets it out for bid. All the Town does is to contribute 25% toward it. Mrs. Morey asked if they would want a more gradual slope and Mr . Jaixen replied in the negative . He said then they would lose trees . The Chairman said that he has conferred with the State several times and he realizes that to the people it looks terrible . He said he relized also that the slope will be greater. He has been over to Concord ' Avenue several times and was there again this morning trying to see what it would look like when completed. He said, knowing there is nothing the Board can do, his thought was to let the State complete the job. If the people are unhappy it would still not be too late to ask the State and County to do something. Mr. Jaixen said he understood from what little legal advice he had that they are bound to finish the project in a way agreeable to the people . If it does not work out they are within their rights to call in experts and take legal action. The Chairman said it is only fair to give them an opportunity to let them do what they agreed to do . Mr.Jaiasen said he hoped a solution oc*ild be arrived at to avoid redoing the work. The Chairman explained if a stone wall were built, they would have to move back to their land taking and take ten feet more . They would have to put it on the lot line and the slope easement is ten feet over the road taking. One woman asked if the Board meant stone walls were never built and the Chairman replied that they are not unless there was a stone will existing at the tine of construction . Mr. Gayer explained that a two to one slope ease- ment is a very safe slope . 426 Mr. Jaixen said that he came to the meeting for some suggestions and help. He asked if there was anyone in the State whom they could contact to inquire if something else can be done rather than just sodding. Mr. Gayer advised that he could contatrt the Chapter 90 Office, 100 Nashua Street. Mr. DeLosh said they have two alternatives. One is a petition to be signed by ten or more registered voters and the other one is to appeal to the State, Chapter 90, 100 Nashua Street . He said that the group' s appearance this evening is to find out what it can do. It is not a question of whether it is tight or wrong. The people feel they have a right to do this and appeal to the Board, and if it is up to the State they will go to them. The group retired at 8:45 P. M. Mr. Stevens returned to the meeting. Upon motion duly made and seconded, it was voted to grant the petition of the Boston Edison Company and the New England Telephone and Telegraph Company for the fol- Pole lowing j/o pole location: location Grove Street, southwesterly side approxi- mately 10 feet northwest of Winter Street,-- One pole . Letter was received from Mr. Gayer with reference to several items, one of which was sidewalks. P¢rs . Morey said she would like to have sidewalks constructed on Simonds Road from Bedford Street to Blake Road and also on Bedford Street from Camelia Place to Revere Street . Sidewalks She expressed the opinion that sidewalks should be put in on Chapter 90 streets. She said that sidewalks should be on Pleasant Street from the corner of Massachu- setts Avenue to Watertown Street. Mr. Tucker said that there is curbing and crushed stone on Pleasant Street up to the Luongo property. Mrs. Morey asked why that area and the area along Waltham Street from the High School out to Marrett Road couldn't be blacktopped. It was definitely and unanimously decided to author- ize installation of sidewalks on the masterly side of Bedford Street from Camelia Place to Revere Street, a distance of approximately 1600 feet and on the southerly side of Simonds Road from Bedford Street to Blake Road, a distance of approximately 2000 feet. Mr. Gayer said that the people in the Paul Revere Road area do not want sidewalks . Mr. Adams said he felt this subject could not be decided upon in five minutes. The Chairman said that sidewalks shaxld not be built on Burlington Street with a school under construe- 4m tion until it has been determined what is going to be done there . The Chairman was authorized to advise the School Committee that sidewalks have bean approved far Simonds Road and Bedford Street, but action has been deferred relative to sidewalks on the section of East Street from Adams ''treet to Lowell Street, Hancock Street from Bur- lington Street to Coolidge Avenue and Paul Revere Road from Massachusetts Avenue to Cedar Street, because of pending construction ar relocation. The second item in Mr. Gayer's letter was a list of bids received for the purchase of an emergency genera- tor set for the Public Works garage . Upon motion duly made and seconded, it was voted to accept the low bid submitted by J. H. Westerbekd Corp in the amount of $3,240.00. Generator bid Letter was received from Israel Bloch, attorney for Munz Spralawn of New England, stating that since his client's first bid, as well as the alternate bid, Lawn were the lowest bids received, he assumed that the Sprinkler contract would be awarded to him. Bid Upon motion duly made and seconded, it was un- animously voted to reject all bids received for fur- ' nighing and installing Battle Green Lawn Sprinkler System. The Chairman read a copy of letter from Mr. Mazerall, Tree Warden, relative to removal of trees Dutch elm infected with Dutch Elm disease . disease Mr. Stevens agreed to check the Statute on the subject and report to the Board. Memorandum of Agreement for Chapter 90 mainten- ance, Concord Avenue , was signed to be returned to Chapter 90 the State for completion. The Chairman read a letter from Mrs. Agnes B. Allen, daughter of Mrs . Agnes M. Monahan, 51 Lowell Street. Mrs . Monahan died in February and no ad- ministrator has been appointed. Sewer betterments have been assessed on the property which Mrs . Allen understands most be paid in full within ninety days Sewer of the sale of the property whichwill be as soon as betterment possible, and she requested deferment of the better- ment without interest under the provisions of Chap- ter 159 of the Acts of 1950. Mr. Stevens reminded the Board that the pro- visions of this chapter apply only to vacant land and deferment cannot be made until the land upon 428 Gc which the house is located is laid out as a separate lot. The Board gave further consideration to Mr. J. Edward McManus ' offer of $100 for tax title Lot 4, Block 91, Essex Street. A proposal to sell this lot was advertised in the Tax title August 14, 1958 issue of the Lexington Minute-man. No per- sons contacted the Selectmen's Office as a result of the advertisement. Upon motion duly made and seconded it was voted to sell and convey tax title Lot 4, Block 91, Essex Street to J. Edward McManus. Further consideration was given to Edward E. Coyels Tax title offer to purchase tax title lot 99 Taft Avenue for $500 plus betterments and with restrictions . Upon motion duly made and seconded it was voted to sell and convey tax title Lot 99 Taft Avenue to Edward E. Coye, Jr. for $500 plus $31.50 sewer betterment; the deed to be prepared so that the lot will be restricted so that for building purposes ur oses it must be combined with the adjoining lot to make a 75 foot frontage and also providing that Mr. Stewart Cairns purchases Lot 98 Taft Avenue with the same restrictions. Further consideration was given to Mr. Stewart C. Cairns, offer to purchase tax title Lot 98 Taft Avenue , for $500 plus betterments and with restrictions. Upon motion duly made and seconded it was voted to sell and convey tax title Lot 98 Taft Avenue to Stewart C. Cairns for $500 plus $31.50 sewer betterment; the deed to be prepared so that the lot will be restricted so that for building purposes it must be combined with the adjoining lot to make a 75 foot frontage and also providing that Mr. Edward Coye purchases Lot 99 Taft Avenue with the same restrictions. Upon motion duly made and seconded it was voted that the Traffic Rules and Regulations of the Town of Lexington adopted by the Board of Selectmen, October 7, 1936 and subsequent amendments thereto be and here- by are further amended as follows: by adding at the end of Article VII, the following new descriptions : Depot Place from Depot Square in a northwesterly Traffic direction to Mariam Street. Rules (one way) by adding to Article V, Section 2 the following Depot Place on both sides from Depot Square (No Parking) to Meriam Street. 429 Letter was received from Leeland Construction Co. Inc. offering $4500 for sixteen tax title lots on As- bury Street, five lots on Freemont Street and six lots on Edna Street. It was unanimously agreed that it would be in the Tax title best interest of the Town not to dispose of these lots and the offer was declined. Messrs. Stevens and Gayer retired at 10:15 P. M. Upon motion duly made and seconded, it was unanimously voted to appoint the following Election Officers for terms expiring September 1, 1959: ELECTION OFFICERS 1958 1959 George E. Foster R R Alice G. Marshall 10 Plainfield Street 9 Independence Avenue Ilda J. Field R R Rosalie MacDonald 20 Chase Avenue 8 Sheridan Street 1 Mary W. Rowland D R Jean E. Baker 148 Lowell Street 38 Fletcher Avenue Rose I. McLaughlin D R Edna D. Anderson 88 Oak Street 21 Leonard Road Mary E. Clifford R D Clarence E. Delp 54 Chase Avenue 18 Dexter Road Annie H. McDonnell D D Joseph 0. Rooney 7 Curve Street 51 Grant Street Ralph I. Dale R R Florence M. Bruce 1640 Massachusetts Avenue 126 North Street Randall W. Richards D D Mary J. Ferry 67 Farmcrest Avenue 50 Downing Road Mary G. Oliver D D Carroll J. Ryan 610 Waltham Street 10 Bedford Street Elizabeth F. Downey D D Mary A. Spellman 4 Farmcrest Avenue 24 Shirley Street Henry P. Meade D R Caroline F. Deloury II 1505 Massachusetts Avenue 99 Spring Street Beatrice F. Morse R R Mary A. Hallett 1 Vine Brook Road 2270 Massachusetts Avenue 430 Upon motion duly made and seconded, it was voted to Warrant sign the warrant for a Special Town Meeting to be held on Monday, September 15, 1958 in Cary Hall at 8:00 P. M. Upon motion duly made and seconded, it was voted to sign the following Sewer and Water Orders: Sewer Asbury Street from Paul Revere Road to Balfour Street and from Balfour Street to Freemont Street, a total distance of 1 .90' Balfour Street from Cedar Street a distance of 430' ± westerly Bellflower Street from Balfour Street a distance of Water and 570r ± Sewer Orders Eastern Avenue from School Street 1135' ± easterly Hamblen Street from Cedar Street a distance of 610' ± southwesterly Marrett Road from a point 160' ± southeasterly of Kendall Road a distance of 460' ± southeasterly Off Massachusetts Avenue from Right of Way southerly to Curve Street Westminster Avenue from Lowell Street a distance of 495' - southerly Water Asbury Street from Balfour Street a distance of 935' f northerly to Freemont Street Ash Street from Ward Street a distance of 250' ± southwesterly to Freemont Street Earl Street from Ash Street a distance of 125' ± southeasterly Eastern Avenue from School Street a distance of 1135' ± easterly Freemont Street from a point 220' southwesterly of Asbury Street a distance of 1020 ' ± northwesterly Ridge Road from East Street a distance of 900 ' ± southerly 431 Upon motion duly made and seconded, it was voted to sign the following Certificates of Incorporation, Dert. of satisfactory references having been received from the Inc . Chief of Police : Dean E. Nicholson Paul I . Kleven & Ruth Kleven 42 Hill Street Foundation Inc. Samuel A . Gass & Carol Gass Foundation, Inc. Louise Kleven & Gertrude Kleven Foundation, Inc. Olive H. Lloyd ) 22 Cedar Street ) Minute Man Association for Retarded Children Albert L . Merrifield 240 Woburn Street ) Letter was received from Freedom Inc . pertaining to a Tag Day, September 13th to solicit funds for Lebanese Tag Day people . In keeping with the established policy limiting Tag Days to one or two local organizations, it was voted to deny any request to conduct a Tag Day. Letter was received from the United States Com- mittee for the United Nations, together with a Certi- ficate of merit fnd a guide for UN Day proclamation. The Chairman read a letter from Susan Brucchi, age 18, and several other youngsters, requesting permission to conduct a carnival at 63 Paul Revere Road The Chairman was authorized to advise Susan that the Board does not know from the petition whether or Carnival not this is a type of carnival which would require a permit and if it is, the Board does not know if the location is appropriate for such an activity. The meeting adjourned at 10:35 P. M. A true record, Attest: eti Olerik, Sele toren. 1 C rd 4 _ A