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HomeMy WebLinkAbout1957-09-09-BOS-min 585 SELECTMEN'S MEETING September 9, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, September 9, 1957 at 7:30 P.M. Chairman James, Messrs. Reed, Maloney, Tucker and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Gayer Superintendent of Public Works, and the Executive Clerk were also present. Mr. James J. Carroll, Town Clerk, met with the Jurors Board for the drawing of three jurors. The following individuals were drawn for jury duty: Arthur E. Johnson, 61 Spring Street; Kenneth D. Warnock, 154 Pleasant Street; Harold M. Nielsen, 11.49 Bedford Street. Mr. Carroll retired at 7:33 P.M. Mr. Stevens said the first item to discuss was the motions for the Special Town Meeting, September 16th and the Board went over each article. Mr. Stevens referred to the Boston & Maine Railroad crossing at Woburn Street and reported that the hearing has been continued until October Woburn 7th at 10:30 A.M. Mr. Leavitt, Grade Crossing Engineer Street of the Boston & Maine, is going to meet with the crossing Traffic Committee on Friday, September 13th and go over the matter with that Committee. He said he thought the Board would be guided by what they recommend and what they propose. Mr. John J. Sullivan, 341 Marrett Road, met with the Board. He explained he had requested an appointment Sullivan with the Board concerning an automobile dealer's complaint license issued to I. W. Douglas, 60 Paul Revere Road. re Douglas He said he was advised that Mr. Douglas met with the license Board on the 27th day of August, 1956 and at that time was refused such a license at that address and was told he would have to obtain a variance in order to obtain a license. Then he made application for a license at 1844. Massachusetts Avenue, the back of the Douglass funeral home . Mr. Sullivan said he talked to Albert Douglass and I. W. Douglass was given permission to receive mail there . He never was authorized use of the premises, had never been a tenant and never paid rent. N C�9 He presented trade magazines and journals indicating Mr. Douglas ' method of advertising at 60 Paul Revere Road. Mr. Sullivan said he contended, as a company repre- sentative for the Miller Meteor Sales of N. E. Inc. 1E8 Common Street, Lynn and as an individual that Mr. Douglas holds his license illegally. The Chairman asked if Mr. Sullivan's complaint was that Mr. Douglas was doing business from his home and Mr. Sullivan replied in the affirmative. Mr. Sullivan said he conferred with the Registry of Motor Vehicles and Mr. Douglas ' dealers ' certificate should be displayed on the premises. With no operation being conducted at 18144. Massachusetts Avenue there is no place for the certificate. The Chairman asked if this was a matter for Mr. Irwin and Mr. Stevens said he thought it would involve the question of a license and also carrying on a business in a residential area. Mr. Sullivan asked if the similarity in names possibly caused some confusion. The Chairman said he doubted that as the Board knows Albert Douglass and Mr. I. W. Douglas did meet with the Board. Mr. Sullivan asked if an investigation of the premises had been made and Mr. Reed replied that the Board took Mr. Douglas ' word for it. He explained that the Board refused to grant a license for 60 Paul Revere Road. Mr. Maloney explained that the Board understood veryclearlyit wasjust a mailin . address and that Mr. mailing . address Douglass was going to permit him to receive mail there. Mr. Sullivan asked if Mr. Maloney maintained he had a right to do that and ly1r. Maloney replied in the affirmative if he had desk space apd a place to do business. Mr. Maloney explained that he could have an office any place in Town and did not need a showroom. The way he wants to operate is his business. Mr. Sullivan said that the Registry of Motor Vehicles has a record of 18114 Massachusetts Avenue and he contends nothing takes place there. Mr. Maloney suggested that possibly professional jealousy entered into the matter. Mr. Sullivan denied this and said that his concern is a corporation doing business out of Lynn and has to pay rent, operating with fixed overhead. Mr. Maloney asked if Mr. Sullivan ever operated from his home. 587 1 II He also asked if Mr. Sullivan ever had any hearses or ambulances at his home. • Mr. Sullivan replied that he never had more than one. He said he has dealer's plates and never operated as an individual out of this Town. He stated that he has been with the company seven years, operating out of Lynn. Mr. Maloney asvised that he is aware of what goes on, what Mr. Sullivan has done and is trying to do. Mr. Sullivan said that the complaint is being registered as a company complaint. The Chairman said, in reference to the official complaint that this gentlemen is not conducting a business at the address stated in his license, that the Board would make an investigation. Mr. Sullivan asked if he would be advised of the investigation and the Chairman replied in the affirma- tive. Mr. Sullivan retired at 8:30 P.M. Mr. C. K. Parker, 330 Lexington Avenue, Woburn met with the Board. He said he wanted to find out about residency in Lexington and to determine whether he has one or not. He presented a plan and explained the location of hig property, some of which is in Woburn and some in Lexington. He said that his original home is in C. K. Woburn. Parker Mr. Parker said that his family has friends in residency Lexington and he has had a Lexington telephone number since 1930. The Chairman asked if all the frontage of the lot was in Woburn and Mr. Parker replied in the affirmative. Mr. Stevens said he felt the test of residence depends on the Town in which the principal living utilities in the house are located, and he did not think it depended on where the owner sleeps. He. said he understood the main functions of the house, that is the kitchen and dining room are in Woburn. Mr. Parker explained that two children sleep in bedrooms in Woburn and two in bedrooms in Lex- ington. Mr. Stevens said he would rule that Ar. •Parker is a resident of Woburn on the facts as he now under- stands them. He said if Mr. Parker built a house in Lexington, he would then become a Lexington resident. The Chairman explained that he did not know what the Board could do and explained that it takes Mr. Stevens ' advise on legal matters. 688 Del Mrs. Morey asked if his children attended Lexing- ton schools and Mr. Parker replied in the affirmative. He said he pays about $810, but it is more convenient for him to send them to Lexington. The Chairman said he did not know what more the Board could tell Mr. Parker than he has already heard, but the Board would see if there is anything more. Mrs. Morey inquired about his real estate taxes and he explained that he pays taxes to both Lexington and Woburn. Messrs. Parker, Stevens and Gayer retired at 8:45 P.M. The Appropriation Committee and Mr. Palmer met with the Board to discuss the articles to be presented at the Special Town Meeting on Monday, September 16th. The Chairman explained that there are some details about which the Board is not yet completely sure, but in general the articles are as follows: Article 2. He said that the Committee would re- call that at the time of the last Town Meeting, the figures requested was reduced. He said the amount requested is required by law so an additional amount must be appropriated and made available. Mr. Madden asked about the amount and the Chairman reported that it is $2,000. Town Article 3. The Chairman said that if he recalled Meeting correctly, this is a perfunctory att icle merely to change the layout of Rowland Avenue from the layout made and presented to the Annual Town Meeting. The road has been constructed not in accordance with the layout for a good reason which Mr. Gayer could explain. He said the Board is requesting 000 just to make sure of additional land, but it believes no money will be involved. Mr. Gayer explained that there was a small triangular piece oh the northerly side of Rowland Avenue to do for traffic going in and out. The Chairman said it was considered advisable to do that after the taking was made. Mr. Gayer agreed and reported that a tree was also saved. Article 4. The Chairman said that money was appropriated at the last Town Meeting for engineering service's in connection with a layout of the extension of Eldred Street to Grove Street with the understanding that money for eonatruction thereof would be provided by the State; funds in the amount of *52,000 which had been allocated to the Town of Lexington under Chapter 218. He said the layout has been made. IIThis article is to provide for the acceptance of the layout. If the money had been received at this time the Board would have asked for an appropriation for the money to construct the street. The Town has not received the money so is asking for $100 gander this article to take care of land takings which the Board believes will in- volve no money. As soon as the money is received, at the next Town Meeting, an appropriation will be requested for construction. Mr. Rowse asked if the State funds had to be received before the Town appropriated funds and the Chairman re- plied in the affirmative. Article 5. The Chairman explained that there was an agreement with Ryder at the time the High School land was taken which provided that the town would build a road in partial consideration of the land taken so he could gain access to his property up on the hill. The property has changed hands twice since; first to Baskin and now to Corrigan. The owner is building streets and made a layout which has been accepted by the Planning Board. In order to gain access the Town must build this street in accordance with the terms of the agreement. He said that it requires an appropriation of $15,000 to build the street. There are no services involved, no water and sewer. Mr. Rowse asked if the right-of-way Ryder had be- side the High School was involved. The Chairman replied that to the best of his know- ledge the right-of-way was not given up and the Board is working on it with Mr. Stevens. It was not part of the agreement that he should give up that right-of-way. He said Mr. Gayer would have a more accurate figure in a day or two. Article 6. The Chairman said that no funds are being requested under this article. Article 7. and 8. The Chairman stated that he was not prepared to discuss these two articles. Mrs. Morey said that bids will be opened Wednesday and Thursday evenings. Article 9. The Chairman said that, in connection with the land for the new Junior High School, it is desirable to obtain proper exit from that land to Hancock Street. There us a right-of-way which the Town owns which provides an exit onto Burlington Street. The exit onto ington Street is not considered by the Planning/o Ile Selectmen to be a safe exit point for vehicular traffic coming out of the Junior High. He said that the Selectmen are therefore pro- posing to take a lot of land between the house now occupied by Ives and land of Millican on Hancock Street. r" This will provide a better exit for vehicular traffic, The amount of money involved the Board be- lieves is available within the appropriation already made for land for the Junior High School. He explained that no money is being requested under this article. Article 10. The Chairman said this is a School Committee article. Article 11. The Chairman explained that the vote passed by Town Meeting provided that the Town would purchase, in addition to the eight voting machines being rented, sixteen more and provided that these were to be paid for on a lend-lease agreement with the manufacturer . He explained that the Board has been advised by Mr. Stevens that this can't be done. The Town cannot enter into a time-payment basis for pur- chasing any articles. He said that there are two choices. The Board can ask for an appropriation, if it believes that the Town is serious in ordering voting machines, of $37,000 or thereabouts, and the balance must be paid or the machines returned, and to purchase sixteen more. The Board can ask for an appropriati-om to purchase or pay the balance on the eight machines here which would be $11,000. The eight machines can be returned and the Town have no machines. He said that the Selectmen are going to recommend purchasinghe eight the Town already has and sixteen more for ;37,000. The Chairman explained that the arrangement Mr. Carroll had was that the Town would be paying for these over a period of ten years and that can't be done, they have been rented with an option to buy and the option has expired. The eight purchased were $1545 each and rental of $1200 has been paid so the price, if the Town wants those eight, is $111,! 160. The quotation on the sixteen new ones has gone up to *1616 each. The sixteen will cost 25,856 and that added to the $11,160 makes a total of 37,116. Mr. Richards &ked if only one concern manufactured the machines or if the Town could obtain bids. Mr. Madden said he thought there is an exclusive franchise in this area. The Chairman said that the Selectmen recommend borrowing the money for a period of ten years. He said that Mr. Stevens is checking to determine whether or not a small amount may have to be appropriated. Mr. Rowse .ked when the Board would know what it is going to ask for and the Chairman replied that the Committee could consider $37,000 as being the figure asked for. Mr. Rowse said he thought this type of appropriation should be presented at the Annual Town Meeting. 5q1 Mr. Reed explained that Town Meeting voted for the machines. Mr. Maloney said that Town Meeting voted to pur- chase them on a deferred payment plan and Town Counsel pointed out this is a better and a cheaper way. The Chairman said that money can be borrowed cheaper than the manufacturer's interest and they ' cannot be acquired by the arrangement set up by Mr. Carroll. Mr. Madden recalled that the Appropriation Com- mittee voted unfavorable action on the Appropriation. Mrs. Morey suggested paying for the eight machines and then renting sixteen more. The Chairman said that was a possibility but he did not know if the manufacturer had agreed. Mr. Maloney said that bhly the method of paying for the machines has been changed. Mr. Rowse was in favor of purchasing the eight machines, but was not in favor of borrowing. Mr. Reed asked about Mrs. Morey's suggestion and Mr. Rowse said that the Town would then be in the same position that it is now. Article 12. The Chairman read a breakdown of *4100 being requested by the Additional Town Office Building Committee. Article 13. The Chairman said this article would be presented by the Planning Board. This is a parcel of land near the corner of North Street and Burlington Street . It is an old sand pit with a lot of water in it commonly used for swimming. The Town has an option on the 10.9 acres of land to purchase it for $5,000 as a recreation area. He said that the Planning Board feels this can be made into a fine recreation area with some filling. The water coming from the springs is good water and can be used for swimming or fishing. He pointed out that if this property is owned by the Town it can be better controlled. The Appropriation Committee retired at 9:25 P.M. The Chairman read a letter from Patriots Forest Signs Civic Association requesting that signs be posted indicating dangerous curves on Wood Street. The Chairman was authorized to advise the Asso- ciation that the Board is taking the request under advisement. The Chairman read a letter from Edward C. Monahan, Town Manager of Arlington, relative to a complaint Damaged filed with him by Mrs. Collins, 39 Fottler Avenue, rip-rap Lexington about the condition of the brook in Arlington 592 r" at the easterly end of Brandon Street. The Board of Selectmen of Arlington requested Lexington to repair the rip-rap damaged by the installation of a storm drain. Mr. Gayer reported that Mrs. Collins at one time called him and he went down. She insisted that the bank of the brook had settled between her house and the brook.. He said that there was no evidence of settlement. She then talked about the bottom of the brook and was told that there was no damage. She then asked for a fence between her property and the brook and he advised her that no such expenditure could be made. He said he checked on the rip-rap and it has been damaged. There are four or five stones which were pushed up when the line was put through and he will have them replaced. The Chairman was .authorized to advise Mr. Monahan that the Lexington Public Works Department will repair the damaged rip-rap caused by the in- stallation of a storm drain. The Chairman read a letter from Mrs. Marie A. W. Zubowitch, 86 Oak Street, requesting removal of a tree from in front of her property. Ie claimed Tree that the roots are breaking up the foundation, steps Removal and walk and also creating a hazard. Mr. Gayer said he was called on this and thetree in question is a beautiful one , which may have caused . some damage, but he told the people there was no reasdn to have it removed and if they wanted to carry it fur- ther to write the Board. Before taking any action, the Board will view the area. The Chairman read a letter from Mrs. Muriel E. Request York, 231 Bedford Street, requesting the Town to mark for the Manor area off by crosswalks. crosswalks There was some question relative to establishing crosswalks on private property . Mr. Tucker said that the Board agreed with the suggestion in print lle and said he thought it should be left for Mr. Gayer to work out some suitable loca- tion in an effort to provide further protection for the children going to and from the Parker School. Letter was received from Edwin B. Worthen, Jr. Painting in which he protested the color of the Central Fire T. 0. Station and Cary Memorial Building. He urged the Buildings Board to repaint in white to match what he hoped would be an appropriate selection for the new Town Office Building. The Chairman suggested advising Mr. Worthen that 593 decision was made some time ago insofar as Cary Memorial Building is concerned. Letter was received from Superintendent John Blackhall Smith advising that residents of Woburn Street had contacted members of the School Committee Woburn in support of improved protection at the crossing on Street Woburn Street . crossing The School Committee is in favor of any device or arrangement that will give greater protection to the children of Lexington. Mr. Gayer referred to Miss Blanche Richards ' request for an increase in salary. The Chairman reported that he has reviewed the Personnel Committee 's description of her duties and Mr. Gayer says that the description prepared at Salary that time is substantially the same as the work she adjustment is now doing. The recommendation of the Committee at that time was that this individual should be in category 2. However, she is in the lowest step in that class and it appears, to him at least, in view of the increased load which is greater than it was three years ago when this was made up, that an increase into the next step which is $2.30 per week making her salary $48.50, is justified in this instance . Mr. Stevens returned to the meeting at 10:00 P.M. The Chairman explained that Miss Richards has been in this position for a year and a half. Mr. Reed asked about an explanation to the other employees. Mr. Tucker asked what Mr. Gayer recommended. Mr. Gayer said he recommends that Miss Richards be considered for the one-step increase. The Chairman asked if funds were available and Mr. Gayer replied in the affirmative. Mr. Reed said if the head of the Department recommends, he would go along, but he hoped this would not be establishing a precedent . It appeared that the Board was unanimously in favor of the increase recommended by Mr. Gayer. The Chairman explained that Mr. Gayer has prepared a drawing showing the course of the proposed sidewalk on Massachusetts Avenue in relation to the property Sidewalk lines and in relation to the trees . He presented the drawing which was studied by the Board. The Chairman said that the people were also object- ing to paying betterments since the sidewalk was not for their use but for people on abutting streets. 594 DI The Chairman asked about the width of the sidewalk and Mr. Gayer said it is five feet. Mr. Reed asked if it is all on Town property and Mr. Geyer replied in the affirmative. The Chairman said that the Board suggested, and the group present at the meeting agreed, that they sub- mit another letter telling the Board that they would be willing to give the Town enough land to provide for changing the proposed location in an effort to save the trees. Mr. Stevens said that he did not know of any provision for putting sidewalks outside the street. Mr. Maloney asked about the people giving the land and Mr. Stevens replied that then it will be like the Rowland Avenue situation. He said perhaps the County would relocate the street. The Chairman said he thought before the Board did anything it should wait for the action the people agreed to take. Mr. Reed pointed out that the Board has signed a contract and the contractor wants to go along, The Chairman said if Mr. Sussman calls Mr. Gayer again he should be advised that the Board is still waiting for the agreement from them before doing anything further. The Chairman said the betterments was the next question. They believe that since this sidewalk is being put in primarily for the benefit of school children, only a minority of which live in the abutting property, they should not be required to pay the betterment. Mr. Stevens asked if this was true on other sidewalks. He said it appeared to him to be policy. The Bbard is not required to assess betterments either by Statute or By-law. The Chairman said if the Board makes an exception on this case, it will be establishing a precedent and will have to change its policy. Mr. Stevens said that some of the sidewalks are put in becuase people want them and others are put in because public travel needs protection. He said a street does improve the property, whether a side- walk did or not he does not know. The Chairman said his position is to continue to assess. Mr. Tucker asked what action was to be taken relative to the location of the sidewalk and the Chairman replied that the Board must insist that the people send in a letter agreeing to give the land. Mr. Reed said that if the Board asks them to give the land, it will not be possible to build the side- walk this year. 595 11 Mrs. Morey said that it should be explained to Mr. Sussman that all the people will have to agree to give land for the sidewalk. Mr. Reed said he is willing to change the location where a minimum amount of change is needed so that it will not be noticeable. Otherwise, he is in favor of taking the trees down. He said he would like to go up and look at the trees . The Chairman said that when any member of the Board looks at the trees on Massachusetts Avenue he should also look at those on Lincoln Street because the same situation exists, and there have been a number of calls in regard to the trees there. The Chairman read a letter from Mr. Alfred P. Tropeano stating that Fred Fletcher, 74 Burlington Street, has consulted him regarding the proposed sewer and drainage easement across a portion of his lot on Burlington Street. Mr. Tropeano stated that he would Easements be glad to discuss any phases of this matter with the Board. Mr. Gayer said he thought Mr. Stevens would re- call this situation. The Chairman explained that the last two houses Oh Boulder Road can't be serviced because of the terrain. Mr. Stevens suggested that someone talk to Mr. Tropeano and find out what they are insisting. He said if the Board wants the easements, it will have to make a taking and then take its chances on damages. The subject of the water ban was brought up and Mr. Tucker said that if the Board feels the ban is still necessary the notice should be in the paper. Water Mr. Maloney said that the water levls are rather low all around. The Chairman asked Mr. Gayer if the ban is still necessary. Mr. Gayer said that he had no way of knowing what would happen if the ban is lifted. He reported that the pressure dropped five pounds as soon as the restrictions were removed in Arlington. He said he was afraid that if the ban is lifted and people try to restore their lawns trouble might result. He said he was of the opinion that people will start using a substantial amount of water once the ban is off. Mrs. Morey said she thought it was the intention, when the notice was kept out of the paper, that there was moderation. 596 1-4 trl Mr. Gayer said he thought that the ban should be either on or off. The Chairman said he would like to modify the ban by permitting people to use water every day but between the same hours. He said he did not think that amount of additional water would cause trouble. Mr. Tucker suggested inserting a notice in the paper advising that the water ban has been modified, explaining that it is on a trial basis and if the water situation is not seriously affected, let it continue. Mr. Gayer retired at 11:00 P.M. The Chairman read a letter from Westlex Corpora- tion with reference to the type of business that can be conducted on land now owned by the corporation and located off Westview Street. Zoning The Chairman said that he felt Town Counsel should interpret whether the firm of Avery & Saul, who desire to purchase the property, qualify under the zoning. If they do, there is no way to prevent them from coming to Lexington. The Chairman was authorized to advise Westlex that the subject has been referred to Town Counsel for his interpretation as to whether or not the prospective purchaser qualifies. The Chairman read a letter from the Board of Fire Commissioners asking whether an overall program has been set up for inoculating Town employees against Innculatjms Asiatic Flu. Letter was received from the Board of Health ad- vising that an order for vaccine will be placed this week and it is the intention of the Department to give free inoculations to Town employees on a voluntary basis. The Chairman was authorized to send a copy of the letter to the Board of Fire Commissioners. The Chairman read a letter from David W. Walsh, 9 Alpine Street, offering $200 for tax title lots 223-226 Colonial Avenue; #500 for tax title lots 263-265 Wood Street and 0400 for tax title lots 230- Tax title 234 Alpine Street. The Board had previously advised Mr. Walsh that the Board did not want to sell lots on Colonial Avenue or Alpine Street . Upon motion duly made and seconded it was voted that a proposal to sell the lots on Wood Street be advertised in the Lexington Minute-man argd that further consideration be given the offer at the next meeting of the Board. 597 Proposed proclamation for "Emergencies Don't Wait Week" was noted and placed on file. Upon motion duly made and seconded it was voted Layout to sign layout of Eldred Street from the southwesterly sideline of Justin Street to Grove Street, a distance of 1330 feet more or less. Upon motion duly made and seconded, it was voted Relocation to sign layout for relocation and alteration of Rowland Avenue from Massachusetts Avenue southwesterly approxi- mately 100 feet. It was agreed to meet on Monday evening, September 16th at 7:00 P.M. inasg�,ch as t e Spicial Town Meeting will be held that nigh) 1 (' \ The meeting adjourned at 11:15 P.M. A true record, Attest: -- xeciltive p'lerk, @elect en r � e 1 V4A t"Z \I 0