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HomeMy WebLinkAbout1957-06-10-BOS-min 487 SELECTMEN'S MEETING June 10, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evehing, June 10, .1957 at 7:30 P.M. Chairman James, Messrs. Maloney, Tricker and Mrs. Morey were present. Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Hearing was declared open upon petition of the New England Telephone and Telegraph Company for permission to install cable in Marrett Street and Airport Road. Mr. Consilvio, representing the petitioner, was the only individual present at the hearing. Mr, Consilvio explained that there is an exist- ing manhole at the corner of Massachusetts Avenue and Marrett Street. He also reported that the sub- ject has been discussed with the Chief Engineer of Telephone the Department of Public Works, 133 Third Street, cable Cambridge, and approved by that department. The Chairman asked if the cable would go along Marrett Street, the complete length, then onto the Airport Road to the Lexington-Lincoln Line and Mr. Consilvio replied in the affirmative. He said it would then be extended through Linodl n to the pro- perty line at the airport. The Chairman asked if it was a new extension and Mr. Consilvio replied in the affirmative stating that it would be underground. Mrs. Morey asked if the Boston Edison line was already underground and Mr. Consilvio replied that he thought it was. Mr. Stevens arrived at the meeting at 7:40 P.M. Upon motion of Mr. Tucker, seconded by Mr. Maloney, it was voted to grant the petition and sign the order for the following installations of underground cable by the New England TelephoOe and Telegraph Company: Marrett Street: -- From manhole #54/94 at Massachu- setts Avenue, northwesterly ap- proximately 1760 feet. Airport Road: -- From Lexington-Lincoln Town Line, southeasterly approximately 230 feet. 8 pm- DI The Chairman read a letter from William F. Caterino, hi. Fairland Street, Lexington, request- ing installation of a water main to service twenty- three lots on Eastern Avenue. Another letter was received from Mr. Caterino Req. for requesting the installation of a sewer main to service water & the same lots. sewer Mr. Gayer said that it might be possible for the Town to do the work but he has not had an opportunity to figure out what is involved. He agreed to have definite information on the requests for next week's meeting. Mr. Gayer reported that he received only one bid for a hone. The Chairman asked if he knew of any other com- pan4es that could have provided the equipment if they wanted to bid and Mr. Gayer replied in the _affirmative.. ed explained that the unit is well known and the appro- Bid on priation was .$1,000. hone Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to accept the bid submitted by the mainten- ance Equipment Company for one Meco Triple-Action Roadmaster Maintainer at a net price of $985. The Chairman reported that Miss Alice Monahan telephones the Selectmen's Office and requested that a few loads of loam from the Lowell Street sewer project be dumped on her property. Mr. Gayer explained that an easement was taken through Mr. Busa's property and he was told that if Loam there was any access material through the easement that he could have it but any other surplus material would be taken to the dump. The men did not stop when they came to Lowell Street and Miss Monahan saw them. However, they rinally stopped them. Mr. Maloney asked if Miss. Monahan was referring to Town property and if she needed the fill. Mr. Gayer mentioned a culvert and said he would check it because she claimed that the Town at one time closed it when the sidewalk was built. The Chairman asked what the Board was going to do about the drain at Longfellow Road. Dradinage Mr. Maloney reported that he, Mr. Gayer and Mr. Stevens had inspected the area. 1 489 He repdrted that after a hurricane Mr. Burns called him and showed him the critical areas in town. At that time there was no problem here. He said, although he was not an expert, he could not see the justification for a 42" drain. Mr. Gayer said that, at Mr. Maloney's suggestion, he asked Whitman & Howard, without advising what has been done by the Town, to make a check of the area. He was supposed ,to have a report today and will have it to- morrow. Mr. Maloney said that there are large lots in the area and the grade is changed during development. He would like someone more qualified to make a decision. Mr. Gayer said he felt by the time the area is built up the 42" drain will be crowded. Mr. Maloney pointed out that the 12" drain was never crowded. Mr. Gayer explained that there will be more run off with increased pavements, roofs and grass areas and .there may be more run off as it is built up. Mrs. Morey asked if the Board had the difference in the cost between the two sizes and Mr. Gayer re- plied that he went upstairs one evening and obtained that information for the poard. Mr. Maloney said if a 42" drain is put in it will have to be dropped possibly 3' at the brook. He said that the drain at the nursery has been there for fifty years and there is no problem with the pipes or the brook as long as they are cleaned. Mr. Maloney said he would like to know why a 12" drain was installed and who permitted it if it is de- termined that a 42" pipe is necessary. Mr. Tucker mentioned putting in two 20" pipes rather that one 42" pipe. . Mr. Gayer was requested to contact the Chairman when he receives a report from Whitman & Howard. Mrs. Morey asked if the Board could settle on Whitman & Howard's recommendation if it comes out half way. between 38" and 42" Mr. Gayer reported that Peter Oppenhein, of Peter's Music Stare, has requested increased lighting from the Colonial Garage to the Common. He approached the Boston Edison Company and was told they would make a study .at no cost but could not do it without an order from the Public Works Department. I 490 NJ Mr. Maloney said he saw a letter from the Chamber of Commerce was goingto request brighter lighting for the center. He said this has been going on for three years now. Mr. Tucker asked if the obUect was better police protection or for lighting up the stores. Mr. Maloney said there is a contrast between the illumination of the parking lot and the center. Mr. Gayer asked if the Board wanted to have the lights in the parking area turned off at midnight. titre. Morey said that there should be some illumina- tion, but the brightness is not needed. The Chairman explained that the lights will, have to be either on or off. Mr. Maloney said he thought the lights proved very Street effective insofar as police protection is concerned. lights He said he has not discussed this subject, but Lex. Center for the past two or three years the Chamber of Commerce has been wanting brighter lights through the center. He said the members feel it is better for people cross- ing the street. Mr. Maloney said he would like to know what the cost would be to have the- center more brightly illumina- ted and the Chairman suggested that Mr. Gayer arrange to have the •Boston Edison Company make a survey. Mr. Gayer said he had been approached as to whether er not the Town is interested in purchasing transits pipe not made in this country. He said per- Transite sonally lie would like to continue with his present pipe supplier. Mr. Maloney inquired about the difference in price and Mr. Gayer said it is very little. The Board was not in favor of making any change. Mr. Gayer reported that an individual on a State Highway wants a sidewalk in front of his pro- perty and is willing to pay for the entire cost. Mr. Stevensointed out that the Town could very I'y well be assuming maintenance and suggested that the owner of the property apply to the State for a permit, Mr. Stevens inquired as to the status of the new town way from Depot Square to Meriam Street. Mr. Maloney explained that if water and sewer is installed Mr. Smith will be relieved of the ease- ment in back. 491 Mr. Stevens said that the MacNeil land has an easement across the Smith land and it does not dis- appear because of the street in front. He said Mr. MacNeil is anxious to start the construction and Mr. Tro- peano had been advised that the water and sewer in- Sidewalk stallations had been shelved. Mr. Maloney said he would contact Mr. MacNeil and also Mr. Smith. Mr. StetaAs said he would advise Mr. Tropeano that the Board is working on it and the matter will be brought to a conclusion very shortly. Mr. Gayer retired at 8:30 P.M. The Chairman read a letter from Mrs. Hannah M. Osborne reporting that she fell Friday night, May 31st Claim at 9:40 P.M. opposite 20 Muzzey Street where she claimed the sidewalk was very uneven. Mr. Steve= said he would check the Statute in the morning to determine whether or not requirements of notice have been followed. Mrs . Morey said that one sidewalk area which causes her concern is that beyond Foster & Lamont's office in front of the diner. Mr. Stevens said that actually, the police in most towns are charged with the function of reporting any defect they find as they go along about their duties. Letter was received from Mr.fiiifoil with reference to a claim for damages/on behalf of Ernest Johnson, 45 Grove Street for the loss Claim of a cow killed on Rout* 128 near the Grove Street bridge. Mr. Johnson's attorney, Joseph F. Dee claimed that the defective fence permitted the cow to stray onto Route 128 where she was struck and killed by a motor vehicle. A copy of the communication was sent to Mr. Stevens. The Chairman read a letter from Mrs. Rich, Collector of Taxes, advising that R. A. Roberts, Deputy Deputy Collector, had returned to his former Collector employment. She said she hoped something could be done about recovering some of the $1,376.86 which • is still on her books. Mr. Stevens said he would write Mrs. Rich on the subject. 4eJ2 Com... [e7 The Planning Board and Appropriation Committee met with the Selectmen, the appointment having been requested by the Appropriation Committee to discuss the proposed re-zoning for a Shopping Center. The Chairman asked if it would make any differ- ence to the Appropriation Committee if there was not to be a Town Meeting and Mr. Madden replied in the affirmative. The Chairman explained that the Planning Board has determined that the way the proposed drDistricte ZonngBBy-Law to provide for a Regional Shopping written, the Board cannot recommend it to Town Meeting. Mr. Madden explained that his Board had in mind that section of the General By-laws which states that the Appropriation Committee may at each Special Town Meeting give its advice or reco ! ie : •;}tions with reference to municipal matters/. ' the Town. He said the Committee thought it should get some in- formation on the subject. as The Chairman said that the Planning Board//e- cided it cannot recommend favorable action. Mr. Rowse asked if the reason was because of mis- takes or something else. The Chairman explained that first, the project, since discussions had started, had increased in scope; secondly, the by-law included a provision for an office building which the Planning Board did not like and thirdly, they thought the traffic problems would be more severe than they would like the town to face. Mr. Rowse asked what that had to do with not having a Town Meeting if the Selectmen wanted one. The Chairman explained that the Filene people have taken a position from the beginning that if the Planning Board or the Board of Selectmen were/oS$ose Town the change they would not want to go through• with• it. Meeting Mr. Madden asked if that meant Filene 's withdrew re: zoming and the Chairman replied in the negative. He said that there may be a meeting of the minds in regard to points of differences and if so it may come before the Town Meeting September 16th. Mr. Madden asked for the reason for not having a Town Meeting and the Chairman explained that the Planning Board i e no't in favor of the. proposed by-lard, and it would be the function of that Board to propose it. Mr. Rowse asked if the Planning Board had written the proposed by-law and Mr. Stevens replied that he had worked on drafting it which wasdone rather is all hurriedly. He explained that, as so often happens when one puts things down on paper differences of opinions begin to appear and there were a number of recommendations made by the Planning Board in the drafting which were not acceptable to Filenes. The Planning Board felt it was Filene 's proposal and there was no use having a by-law not acceptable to Filenes. The Planning Board arrived at the meeting at 9:00 P.M. Mr. Stevens explained that the Planning Board did not like the provision for an office building and there were other things such as the type of business to be carried on. After the hearing the Board felt it was not in a position bo recommend the present by-law. Mr. Grindie and Mr. Jaquith explained to the Ap- propriation Committee the reasons why the Planning Board feels it cannot recommend the entire project as it was presented. The group retired at 9:55 P.M. The Chairman read a letter 'from the Appropriation Committee advising that the Committee had elected the following officers: William Madden, Chairman, Norman Richards, Vice Chairman and Edward A. Palmer, Secretary. The Chairman read a letter from the Planning Board advising that on April 29, 1957 Frances May Baskin sub- mitted an application for approval of a definitive plan entitled "Loring Hill Estates Section One Lexington, Mass." dated April 12, 1957. The Bdard understood that Ernest J. Corrigan has purchased the property and plans to aasume the obligations of the applicant. The land included in the subdivision is part of the land formerly owned by the Lexington Estates Trust and is covered by the written agreement between the trust and the Town. The Planning Board understands, under the agreement that the Town is obligated to construct 'a Board of Sur- vey Street from Waltham Street td the boundary line of this land where it will meet the nearest street to be built in the subdivision. It also understands that the Town will take the necessary steps to have the street constructed. The letter stated that the Planning Board would like to know if its understanding of the situa- ' tion was incorrect as it is obligated, under the Sub- 494 CC division Control Law, to take final action on the subdivision this evening. The Chairman said that the Planning Board's understanding was correct. The Chairman read a letter from the Stanley Hill Post, No. 38, Inc., American Legion, advising that the Post would like to acquire the property at the corner of Massachusetts Avenue and Woburn Street, now being used by the Boys' Club. Mr. Maloney suggested that the Board request an appropriation for demolition of the building which Boys' Club he reported is in very bad condition. property Mr. Tucker suggested, and the Board agreed, that the Chairman advise the Post that the Selectmen have no definite plans for the property but in view of the condition of the building, it will in all pro- babil3:ty be torn down in the near future. Letter was received from John Blackhall Smith, Superintendent of Schools in reply to the Board's letter of May 28th relative to custodiafl and 'main- tenance men he had requested the Board/appoint as Special Police Officers. Upon motion of Mr. Tucker, seconded by Mr. t was voted to rescind the vote passed Special on May Maloney,6, 1957 appointing certain custodians and Police maintendnce men, edployed by the School Department, Special Police Officers. Upon motion of Mr. Tucker, seconded by Mr. Maloney, it was voted to appoint the following Special Police Officers for terms expiring March 31, 1958: Duncan P ' Swan, John Blodgett, Joseph Gallini, Clyde L. Hayne, Arthur Linfield, Oscar Heimlich and Edward Stevens. The Chairman referred to tax title lot 18 and part of 17 on Sylvia Street which Mr. Alexander Tax title MacMillan, an abutter had discussed with the Board on May 13, 1957. Upon motion of Mr. Moloney, seconded by Mrs. Morey it was voted to entertain an offer of $1,000 for these parcels of tax title land. flnr+ .tl.. , •r^ ycl L L The Chairman read a letter from the Appropriation Committee to Mr. Gayer advising that a transfer of Transfer $1500 had been approved for demolition of the concrete water tower. 496 Upon motion of Mr. Maloney, seconded by Mr. Tuckerk, it was voted to sign a First Class Agent 's License license in the name of Dunn Ford Sales, Inc. Originally the license had been granted to Mr._ Dunn who operated the business as a partnership. It is now incorporated and the Registrar of Motor Vehicles requires a new license covering the corporation. The Chairman reported that he had discussed appointment of a Veterans ' Graves Officer with Mr. Hynes, Chairman of' the Cemetery Commissioners. Veterans ' The Cemetery Commissioners are investigating Graves the subject and have not arrived at any decision. . Officer Mr. Hynes did say that they found out the Veterans ' Agent is supposed to take over the duties. The Board decided that no action is necessary until something further is heard from the Cemetery Commissioners, Letter was received from Mrs. Doris A. MacNeil, 117 Shade Street, in opposition to the proposed Filene shopping center. Inasmuch as the 1957 real estate tax rate was published in the local paper and the inforipation withhed.di from the Board, the Chairman was authorized to advise the Board of Assessors that the Selectmen would appreciate being advised of Town business before it is released to the press. The meeting adjourned at 10:50 P.M. A true record, Attest: e tive� Clerk, Selec then ef x C,11- e.4 L