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HomeMy WebLinkAbout1957-02-11-BOS-min 291 SELECTMEN'S MEETING February 11, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, February 11, 1957 at 7:30 P.Y. Chairman Reed, Messrs. James, Maloney, Tucker and Mrs. Morey were present. Mr. Gayer, Superintendent of Public Workg, and the Executive Clerk were also present. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone & Telegraph Company for permission to locate one pole on Marrett Road, southwesterly side opposite School Street. Mr. 1ahon representing the Boston Edison Company, and Mrs. George W. Sarano were present at the hearing. Pole Mr. Mahon explained that the company has a pole location now located at the corner. There is a service break from that pole to a house on the southerly side of Marrett Road. The wires are brought across the public way and the company feels that there is not sufficient clearance and therefore desires to install a pole on the southerly side. Mr. James asked if this would be another support for the wires and Mr. Mahon replied in the affirmative. He explained that it is for clearance over the public way. The Chairman asked if Mrs. Sarano understood the petition and she replied in the affirmative, and had no objection. The Chairman declared the hearing closed at 8:1O P.M. and Mrs. Sarano retired. Upon motion of Mr. James, seconded by Mr. Tucker, it was voted to grant the petition and sign the order for the following j/o pole location: Marrett Road, southwesterly side opposite School Street, -- one pole. Petition was received from the Boston Edison Company and the New England Telephone & Telegraph Company relative to the location of a pole in the Pole vicinity of 21.E Lincoln Street. Insofar as the location Board was able to determine this is the Josiah Willard Hayden Recreation Building and the pro- posed location appeared to be on private property. 292 C�7 Mr. Mahon took the petition and said he would check with the New England Telephone & Telegraph Company who instigated the petition. Mr. Mahon retired at 7:45 P.M. and Mr. Stevens, Town Counsel, met with the Board. Further consideration was given to Mr. W. F. Cowles ' letter of January 23rd requesting the in- stallation of 775 feet of water main in Spring Street . to service a house being constructed on a parcel of Cowles ' land recently sold by Mr. Cowles. req. for The Chairman said that rather than write a water letter on the subject he would contact Mr. Cowles by telephone and see if something can be arranged. whereby water will be supplied by the City of Waltham. He said Waltham might consider such an arrangement if the extension from its line is paid for. Mr. James and Mr. Gayer left the meeting to attend a meeting of the Appropriation Committee. At 8:05 P.M. Daniel A. Lynch, attorney, Messrs. Crosby, Steeves and Pratley met with the Board. Mr. Lynch explained that they were present at the meeting this evening relative to Mrs. Virginia Coleman's parking area at 50 Percy Road. He explained that it is a variation problem as far as the neighbor. hood is concerned and presented a plan of the area involved. He said that Messrs. Crosby, Steeves and Pratley live across the street. Mrs. Coleman' s predecessor in title ran Wild Acre Inn for many years, obviously a nonconforming use. He said the only approach was Coleman by a driveway which he pointed out on the sketch. parking He said as he understood it, subject to being cor- area rooted if the Board knew facts to be otherwise, Mrs. Coleman came in and spoke to the Board at one time. The Chairman said she never met with the Board to his knowledge. Mr. Crosby said she consulted with some of the Selectmen before she purchased the property to see if there would be any objection to build- ing a parking area. The Chairman said she never met with the Board and never contacted him before purchasing the pro- perty. Mr. Lynch said when she started the work she asked for permission to remove the trees. 293 His information is that she never did obtain per- mission but has removed the trees anyway. The Chairman asked if she removed trees from Town property, and Mr. Lynch replied in the affir- native. He said the operator of the bulldozer said he was putting a driveway in there. That was her representation; she had no intention of putting in a parking area. He said she has leveled ofd' Lot 3 entirely and it channels over Onto Lot 2. Mr. Lynch reported that he looked at the property yesterday and she has put in gravel and leveled it off a width of at least eighty feet over to Lot 2, and has cars parked in there. He presented pictures for the Board to view. Mr. Lynch said the Building Inspector went down and looked the situation over last November. After talking to To Counsel he sent Mrs. Coleman a let- ter advising/t Et. she had no right to make that lot into a parking. area and that she would have to go to the Board of Appeals . He said the area is enti- rely residential and this is a terrific desecration of the whole area. The cars/DRPked in there and it destroys the whole area. He said it appears to him that it is an encroachment of a non..conforming use and it is illegal. He said she has a Board of Appeals case and refuses to go before the Board of Appeals. She is now using a second lot for the parking area which is not legal under the Zoning By-Law. He said the Inn- was there before zoning laps were established and that is the reason she can stay there. He stated that these people purchased their houses with two open residential lots and have the right to have it, maintained. He explained that it is the feeling of the neighbors that a pet- tion should be filed for an injunction against her for using this property for business purposes. If sh, can do it, others will attempt to do it. He said it is very unsightly and he thought these people had the right to have the town move on it in having the letter of the Building. Inspector followed. He ssL d she is not very co-operative with the town or the neigh- borhood and he thought he should start a petition, in equity to enjoin her. The Chairman explained that the Board of Select- men, has no jurisdiction over this matter whatsoever. Mr . Lynch said that it is entirely up to the Building Inspector to make the decision. 294 Mr. Lynch said the Inspector is charged with enforcement of the zoning, and the neighbors could bring a petition for mandamus against the Building Inspector but they don't want to do that . He said the one who should be in aontsroversy is the one who is violating. He skid that he did not know whether the Board had any feeling about the matter one way or another. The Chairman said the only thing he had to say himself is that he is not in agreement with either side at the moment. He said he was wondering what would happen - where are the people going to park their cars if there is no parking area. If they park on Highland Avenue they will be in front of all these people or in the driveway down there which the town plows and which is narrow. He said having cars parked on a main street bothered him. He asked Mr. Crosby how many cars he has seen and Mr. Crosby replied, there are five or six a night. Sone times there are more and some times less. Mr. Crosby said Wildacre Inn has been there for many years and there never was any problem. The cars always parked on Percy Road. Mrs. Morey inquired about the number of permanent guests at the Inn and Mr. Crosby said he had no idea. He did see three fellows in one car. He said there could be from ten to twenty, but he did not know. The Chairman asked if perple went to the Inn for meals before it was taken over by Mrs. Coleman, and Mr. Crosby replied that Judge McLellan and his family went there for dinner every Sunday and people in the areal went over to the Inn for their meals. Mrs. Morey explained that Mrs. MacAllister was getting along in years and her niece Mrs. Fairweather was not. too interested in operating the Inn and anyone who wants to make a success will have to work at it. The Chairman said the Board would discuss the subject further this evening. Mr. Lynch said he thought Mrs. Coleman should go before the Board of Appeals. There was no off-street parking. It was created by her and never existed be- fore. Mr. Maloney asked if the group would object if Mrs. Coleman took the traffic down to her own place and Mr. Crosby replied in the negative. He said the Inn owns Lot 4 with nothing but a garage on it which could be 295 use for parking. He explained that the Inn is on Lot 5. She has half of 7 and all of 6 and she has L1 . Mr. Stevens explained that either she has a right to have a parking area or not and if she does not have right here, indicating on the plan, she does not have it here, also indicating on the plan. He said if proceedings were brought it might lead to a conference and things might be straightened out. The Chairman said that the Board would follow the advise of the Town Counsel. The group retired at 8:30 P.M. Mr. Maloney said he would like to go down and look at the property. Mr. Stevens presented the following contracts Enginmdng between the Town of Lexington and Whitman & Howard, Contracts Inc. which the Board signed in triplicate: Contract No. 1956-4 Water Extension Contract No. 1956-5 Sewer Construction Contract No. 1956-6 Water Standpipe Construction Contract No. 1956-7 Water Supply Survey Mr. Stevens reported that the Board of Public Welfare has delegated to Mr. Collins, the Agent, to take liens on property belonging to individuals re- ceiving Old Age Assistance. He signs the lien, sends it to the Registry for recording and it is then re- Welfare turned to Mr. Carroll. When the town is reimbursed Liens Mr. Collins then discharges the lien. An Old Age recipient died and the Welfare Department collected money on the property. The property is to be sold and the attorney for the bank, Mr. Tyler, disputes liens, and claims the Board of Selectmen should release the lien. The Board was not in favor of taking the responsi- bility of releasing such liens and felt that the pro- cedure followed by the Department of Public Welfare should be continued. The Chairman read a letter from Mrs. Arnold C. Williams, League of Women Voters, requesting permis- sion t® attach signs to utility poles on each street that -is a main route for traffic on election day to remind commuters that they must vote. It was the concensus of opinion that the Board 296 Signs had no jurisdicatiop over Or authority to grant per- mission to attach any sign to utility poles. Mr. Stevens retired at 9:45 P.M. Letter was received from attorney Pierre A. Northrup, representing Carrie L. Pilkington and Florence Bladwin, in reference to a deferred water betterment assessment, the three-year time having Water expired, assessment Upon motion of Mr. James, seconded by Mr. Deferred Maloney, it was voted, under the provisions of Chapter 159 of the Acts of 1950, to extend the time for payment of water betterment assessment to $1,987.50, without interest, levied against property of Carrie L. Pilkington and Florence Baldwin, 719 Cambridge- Concord Highway, until said land or any part thereof is built upon, sold, or until the expiration of three years from the date hereof, whichever event occurs first; provided, however, that this extension of time shall terminate immediately if the facilities of the water main are used for said land or any part thereof. The Chairman read a letter from C. Clifford Hanson, 905 Massachusetts Avenue, complaining about conditions existing at 927 Massachusetts Avenue, pro- perty owned by George A. Mahoney. -Report was received from Mr. Irwin advising that Complaint the property is evidently being used as a base of opera- tions for the Mahoney Bros. disposal service and mov- ing-packing business. Mr. Irwin explained that the op- eration of a business from this location and the main- tenance of a junk yard is in violation of the Zoning By- Law and unless the Board suggested otherwise, as enfor- cing officer of the Zoning By-Law, he would give notice to the owner of the property and demand the violations be abated. He further advised that the Board of Health and Fire Department be asked to inspect the area as the quantity of rags and materials appear to be a pot- ential fire hazard and a possible health problem by rodent infection. The Chairman read a letter from Robert S. F. Rhodes, Clerk of the District Court of Central Mid- dlesex, commending ,Lieutenant Corr, Inspector Barry Commenda- amd other officers of the Police Department for their tion work in apprehending Raymond C. Belliveau and Paul N. Grenien who had committed numerous house breaks in Lexington, Newton and other towns. I 297 It was agreed to send a copy of the communication to Chief Rycroft to be posted on the police bulletin board. Letter was received from the Board of Fire Com- miisioners explaining a previous request for additional funds in the 1957 budget for extra duty. The Chairman read a letter from the Town Clerk of Concord advising that the Concord Board of Select- men has voted to recommend to Governor Furcolo that he proclaim April 19, 1957 be celebrated on Monday April 22, 1957, provided the cities of Boston and April Medford and the Towns of Arlington and Lexington 19th are in agreement. The action was taken due to the fact the Good Friday falls on the 19th this year. The Board was unanimouslyin favor of following g the program for an abbreviated celebration on April 19th as planned bar. the Town Celebrations Committee and was not in favor of changing to April 20th. The Capital Expenditures Committee met with the Board and Mr. Brown, the Chairman, explained that the Committee would like to find out what expenditures the Capital Selectmen are going to recommend for 1957. Exp. The Chairman explained that the Board has not Committee arrived at a definite decision on all budgets as yet but gave the following estimates which the Board expects to recommend: Sidewalks $50,000 Curbing 5,000 Drainage 53,000• Drain Construction 100,000 Sewers 286,000 40,000 Water 118,900 Equipment 44,870 Mr. Brown said that his Committee had been car- rying the Worthen Road project for about five years and asked if the Selectmen had any plans for its continuation. The Chairman explained that he felt this to be a Planning Board project and the fact the Route 2 is to be non-access it may have some affect on the co;i- tinuation of this road. 298 Cal Mr. Brown said that the Committee has two guesses about the length of the life of the dump and asked the Board's feeling relative to an in- cinerator as a predicted capital expenditure or the establishment of a new dump. The Chairman said the Board has not discussed what would be done if the present dump was closed, but does go along with the Planning Board and the Town Engineer that the length of ibis of the present dump is limited. He said there are swampy areas in town than might be used for a dump. Mr. Brown asked about a new fire station. He said he understood that the committee will not have a rec- ommendation for this Town Meeting but feels a new st- ation will be necessary within five years at a cost of $50,0oo. The Chairman said he had not changed his opinion of last year that a new station is not needed at this time. Mr. Tucker reported that the committee has not made a decision but he felt sure it would recommend against a new station this year. Mr. Brown said his committee has met with the Recreation Committee alone and with the Planning Board relative to capital expenditures for the de- velopment of land for recreation. The Chairman reported that the Board will recom- mend the appropriation of -an amount of money to deve- lope the land given to the town by the late John Baskin. Mr. Brown said he understood the Beabury land was being purchased for recreational purposes and the Chairman explained that the Board never discussed it as recreational land. The Capital Expenditures Committee retired at 10:30 P.M. and the Planning Board met with the Select- men. Mr. Hathaway asked if the Board had any questions relative to the budget proposed by the Planning Board. The Chairman asked if the Planning Board wanted a full-time secretary for Mr. Snow and Mr. Hathaway replied in the affirmative. He explained that Mr. Planning Snow is spending too much of his time on duties that Board could be taken care of by a secretary thereby making it possible for him to devote more time to planning. He said that the Planning Board is of the opinion that it would be to the advantage of the town to employ a secretary for Mr. Snow. 299 Mr. James returned to the meeting at 10:50 P.M. Mr. Hathaway said the Board has in mind a girl who can type, take dictation, answer the telephone and work in an executive capacity. The Planning Board retired at 11:00 P.M. The Chairman read a letter from Alfred P. Tropeano advising that he has been authorized to offer $1,000 per acre for the so-called Holmes land off Waltham Street, said parcel being landlocked. Tax title The Chairman reported that an offer had been received for this property in 1948 at which time the Planning Board recommended that it be retained by the Town. The Chairman was authorized to obtain an opinion from the Planning Board rela1-ive to the disposition of the property before making any decision on the offer. Further consideration was given to Mr. David Walsh's offer to purchase lots 263-265 inclusive on Wood Street and lots 230-234 inclusive on Alpine Tax title Street . Mr. Walsh said that the lots on Wpod Street Lots should be sold for a nominal price and he is not in a financial position to spend $500 for them. However, he is willing to pay $500 for the lots on Alpine Street . Upon motion of Mr. Maloney, seconded by Mrs. Morey, it was voted to advertise a proposal to sell tax title lots 25-234 inclusive on Alpine Street and to give further consideration to the offer at the next meeting of the Board. Letter was received from John Casello, 82 Ward Street, advising that he will pay $200 each for lots 30 and 31, Block 18 Ward Street, plus sewer betterment Tax title assessments, and according to restrictions outlined by Lots the Board in a letter of January 15. , 1957. Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to advertise a proposal to sell the lots and give further consideration to the offer at the next meeting of the Board. The Chairman reed a letter from the Mayor of Lexington, Virginia inviting the Mayor of Lexington Mass. tip be guest of honor on April 26th and 27th at the observance of "1957 Name Day Festival of Lexington, Virginia". I 300 .4 Mr. James suggested that the Chairman write a letter explaining that this town does not have a Mayor, Invitation is governed by a Board of Selectmen, and further that a member of the Board will attend the celebration if it meets with the Mayor's approval. Letter was received from the Lexington Chapter, American National Red Cross, requesting permission to erect a small Red Cross thermometer in Emery Park from March 1st through March 31st during the Red Cross campaign. Upon motion of Mr. Tucker, seconded by Mr. James, it was voted to grant the request. Uses of Upon motion duly made and seconded, it was voted halls to grant the following uses of halls: League of Women Voters Cary Feb. 27 Meeting st tt. It re, Trustees Room Feb.27 Reception Daniel J. Donohue Cary May. 20-21 Antique Show Upon motion of Mr. James, seconded by Mr. Maloney, Warrant it was voted to sign the Warrant for the Annual Election, Monday, March )nth and the Adjourned Town Meeting, Monday, March 18th. ' The, Chairman read a proposed letter to the local Engineer draft Board relative to Robert L. Higgins. Mrs. Morey was not in favor and mentioned that Mr. Higgins come to work for the Town aware tf the fact that he would be going into the Army. Mr. James said that the Town needs him and the Chairman expressed the opinion that this is a dif- ficult time to lose him. Upon motion of Mr. James, seconded by Mrs. Morey, Proclamation it was voted to approve a proclamation relative to the heart. Fund Campaign which was requested by Mr. Grindle. It was agreed to meet Wednesday evening, February 13th at 7:30 P;M. to continue work on budgets. The meeting adjourned at 11:20 P.M. A true record, Attest: �Ze Clerk Selec fen tki �E A Lr" Ci