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HomeMy WebLinkAbout1956-10-08-BOS-min 1 SELECTMEN'S MEETING October 8, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, October 8, 1956 at 7:30 P.M. Messrs. James, Maloney, Tucker, Mrs. Morey, /t,. Gayer, Superintendent of Public Works, Mr. Stevens, Town Counsel, and the Executive Clerk were present. Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to elect Mr. James Chairman for the even- ing. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of one juror. Mr. Raymond J. Tur- Juror cott, Electrician, 424 Bedford Street, was drawn for jury duty. Mr. Carroll retired. The Chairman read a letter from Mr. Stevens re the case of MacKay vs. Lexington. The jury brought in a verdict in the amount of $32,825.55, which includes interest at 4% from the date of the taking, September Claim 15, 1955. The matter will go to judgment shortly with the jury's verdict allocated between the MacKays and the bank that held a mortgage on the property, Mr. Stevens will advise the Board later with respect to making pay- ments. The Chairman read a letter from Mr. Stevens re the Phelps vs. Mazerall case. During one of the heavy snow storms in March of this year a town truck while plowing snow struck and damaged a parked car on Outlook Drive. Claim The owner of the car was Marie L . Phelps, and the damage sustained amounted to $167.25. The town refused to pay because the owner's husband had abandoned the car in the street and because of heavy snow was not seen by Mr. Mazerall. At the conclusion of the evidence the judge suggested to counsels that he thought the case should to compromised. Mr. Stevens refused to approve payment of more than $75 and has received written acceptance of that amount. Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to approve payment of $75 in settlement of the case of Phelps vs. Mazerall. 82 r At 8:oo P.M. Mr. Kendall Wright, 71 Adams Street, met with the Boarc,.n regard to a sewer better- ment assessment levied against Lot B, Adams Street. The Chairman said that the Board had received his letter in which he asked some questions, and it all seemed to hinge on one fact, whether or not it is physically possible to connect his house to the sewer. He said the Board would like his opinion. Mr. Wright said it is his opinion that he can- not connect, based on the present location and a cer- tain amount of ledge. He stated that in the past when Mr. Bartholomew owned the ,house, the East Street sewer was put in to Mr. Porter's house. The proposition was made to Mr. Bartholomew whether he would connect tot he East Street sewer although the house was on Adams Street. Wright req. The Chairman asked if his was at the corner of for sewer Adams and East Streets and Mr. Wright replied in the abatement negative. He explained that his house is beyond Porter's . He said the Bartholomews did not enter that sewer system because of ledge. He said the ledge runs more parallel to Adams Street, and his drainage is from the far back side. It is an old house, about 130 years, which has been added to. The main section is the only part thatthaa a basement. He said to get to the sewer system woulit mean going through ledge. He said at present he is not having any trouble with his septic tank, and he feels t. that he should be relieved of this expense. The Chairman said he thought Mr. Stevens should ex- plain the reasons for abatement or deferment. Mr. Stevens explained that if the property was of such a nature that physically any building on it could not be connected to the sewer and it would derive no benefit, he could ask for an abatement and be entitled to it. If the property is such that a building on it can physicai1j- be connected, then it would be assumed by the Board that the property had been improved in value. For that reason a betterment would be justified. He said Mr. Wright would be in a very bad position if the Board abated the better- ment and then he had trouble and wanted to connect because then he would have to pay a connection charge equal to the betterment and it would have to be paid in one lump sum whereas a betterment is on a yearly basis. Mr. Wright said he could appreciate why the town would assess people but he has no intention of even attempting to get to the sewer. Mr. Stevens explained that many people in town have no intention of connecting but the fact that the sewer is there is an added fact tb the value of the property. 83 Mrs. Morey asked from what street he obtained water and Mr. Wright replied that it comes up from the Porter farm on East Street. He said he has no frontage on East Street. The water enters the house at a different point than the drainage leaves. The Chairman said that Mr. Wright has described how impractical it is to connect, but physically it could be done. Mr. Wright said physically, almost anything could bt done. The Chairman said that the elevations are proper so a sewer line could be attached and Mr . Wright agreed. Mr. Wright said that if the lead-off pipe from the house is high enough, yes, but if he drew the usual drainage piping diagram to the sewer system most of it would be above ground. If they blast through the ledge then he could connect. The Chairman said it appears the Board sent him a letter a week aro which was written in error in that it provided that this amount could be deferred for a period of three years without interest, but it cannot be since there is already a dwelling on the particular parcel. The only choices remaining are complete abate- ment, payMent by Mr. Wright in full or payment by Mr. Wright extended over a period of time. He said he could not see, under the circumstances, how the betterment can be abated. It is physically possible to connect. Mr. Wright said all right. The Chairman said that the Board has no other choi-ae<, Mr. Wright. said if this is physically being able to connect, it is. Mr. Stevens said that some houses are situated so far below the street they cannot connect. The elevation of the pipe in the sewer in the street was up so high Mr. Wright could get in. Mr. Gayer stated that the town does connect houses where it has to go through ledge. It is an expense but if something goes wrong with the septic tank, they have to connect. From the elevation standpoint, it is possible. Mr. Wright said he could see from the elevation that it is passible, but he honestly did not believe that it eve- would be done. Mr. Wright retired at 8:15 P.M. Mr. Stevens said that if the ledge condition is such that the Board thought it was too much of a gamble it could abate, to a figure it thought it is worth. 84 Upon motion of Mr. Tucker, seconded by Mr. Maloney, it was voted to rescind the vote of the Board of Sept- ember 24, 1956 extending the time for payment of the sewer betterment assessment, under the provisions of Chapter 159 of the Acts of 1950, in the amount of $831.59. Mr. Stevens said that the Board should now take some action on Mr. Wrightts request, either deny it or grant it. He then has a right to take it to court. The Chairman instructed the Clerk to place the subject on the agenda for the next meeting. Messrs. Gayer and Stevens retired. at 8:25 P.M. Mr. M. M. Samoorian, 365 Waltham Street, Chief Rycroft, Officers Shine and Kozelj met with the Board. The discussion was more or less as follows: Samoorian: I hope our Chief will have a little more patience to hear what I have to say this time. In the month of July the street I am living on, Waltham Street, was torn down. Half of the street was closed and the other half was pen for two-way traffic. July 31st, having been liv- ing there for ten years, I go back and forth every morning the same time to work at Waltham, Central Square, just four miles from my house. July 31st when I pulled my car out of my driveway the set of lights was. red and there was a green two-door Chevrolet sedan waiting for the light. In back of the green Chevrolet sedan was a Pontiac con- vertible. I was the third car. Before the light turned green a Hudson dark sedan case. When the light turned green we started going. The first car, the Chevrolet, was an old lady driving. She was going very slow. The second car, the Pontiac, tried a couple of times to pass because she was going too slow. It was dangerous to pass because there was other cars coming. Rt away I said this man if he tries anything/W111 get in an accident. copied his registration number,, but he did not pass. That was the time I looked at my speed- ometer. We were all going fifteen miles an hour. We went three blacks from my house. Two officers were waiting over there. There was a trap, one of them stopped the car and was taking the numbers. The other officer let the two front cars go by. 85 I was the third one and he signaled me to stop. I thought either there is something wrong with my car or it is time for a sticker or something. When the officer came to me I said, anythipg wrong officer. Right away he said shut up Samoorian and give me your papers. Then I got sore. No officer has complaint ever told me to shut up and he has no right to tell me to re police shut up when I am asking a question. I had my registration in the glove compartment. I gave it to him. He said let me see your license. I keep my license in my wallet in my badk pocket and I opened the door. He pushed me back and shut the door on me and said you can't get out. Let me have the license. I said, what am I, a criminal. He said you look suspicious enough. I said, all right take me to the station and lock me up. He said I was speeding. I said I was speeding. That car was not going fifteen miles an hour. If I wanted to speed I couldn't unless I flew over the two cars. I said, why is it you did not stop them. He wanted my license and I said I can't get it unless you let me out of the car. Finally he let me out of the car and I gave him the license. I said, this is ridiculous . He said, shut up, shut up. I said, shut up yourself. I said if anything is wrong, let's go to the police station. He said you are not going anywhere. You are going to sit here and like it. We had a few words. He said you are going to court now. I said I don't care, take me to court. I want you to take me to the Police Station first. I want to tell the Captain. He would not come. I went to the Police Station. The Chief was not there but the desk man was there. Just then the Chief came. I started to tell my story to the Chief the way I have here, how the street was torn. 'He said never mind the details, what did he get you for? He said how fast were you going. I said I was going fifteen miles an hour. The Chief said there isn't a man on my force that would do that. I said if they did not I would not be here. He said tell your story to the Judge. I said I was going to tell the Selectmen and he said it was up to me. I only know Mr. Maloney and i told him about it. We went to court. I told my story to the Judge and he found me not guilty. The next day I made up my mind when they got me for fifteen miles I would go ten miles an hour. I drove ten miles exactly. They were waiting for me and did not say anything. The second day when I was going so slow cars were passing me right and left and calling me all kinds of names. The third day I called a friend of mine and said I want you to follow me. He came over and we started. I said keep about fifty feet back, but follow me. I am going twenty miles an hour. I said I would go five miles slower than the regulation. The cars started passing, calling me names and kept on going a little under twenty. The offifer over there signaled me and I stopped. 86 The fellow following me came by. Just as he signaled me there were five cars speeding and passing me. The officer said I did not signal you to stop, but just to slow down because you were going too fast. I said I was not going too fast. Five or six cars passed me because I was going too slow. There were about fifty cars in back. The traffic was tied up. He said I am not after you to get you but it is my duty to stop you. Mhen I drive fast I want you to stop me. I wrote about ten letters to the Registry of Motor Vehicles about people speeding. I have only four miles to drive and I have a whole hour. I am not in a hurry to drive fast. I told the officer you should respect your elders, I am old enough to be your grandfather. If they are doing it to me, they are doing it to others. I don't think it is becoming to this town, I had a lawyer when I went to court and he was going to appeal. A friend of mine wanted me to get a couple of reporters but I live in Lexington and did not want to have anything like that. Chairman: Is that all you have to say factually. Samoorian: Yes. Chairman: Which officer did he talk to first? Shine: Me, sir. Chairman: What is your story? Shine: On July '31st about 7:17 A,M. I was speed checking on Waltham Street, south of Allen. I saw the defendant driving south, estimate speed 35 to LO miles an hour. I motioned him to stop after I had to blow my whistle. I told him he was going too fast. He then pushed the door to his car open and jumped out, started to call me names . He was highly emotional at this point and I asked him to show me his license and regis- tration. Officer Kozelj came over and told him as a licensed driver he was compelled to show his license to an officer when requested to do so, Officer Kozelj left and Mr. Samoorian started jumping up and down •again and he started yelling. I said shush. He asked me my name and I gave it to him and he drove off toward Lexington center. Chairman: That was the incident that resulted in a court case. Shine Yes . Chairman: Were you involved in the incident several days after the court appearance. Shine: Yes. Chairman: Do you have anythink to add. Kozelj : I was talking to another motorist across the street. 87 II While I was talking to the motorist I heard yelling and hollering. This gentlemen here was excited and loud. I went over and asked officer Shine what the trouble was and he said this gentlemen refused to show his registration and license. I told him then a police officer asks to see his license and registration he was compelled to show it and then he showed it to officer Shine. That is all I know about the incident. Chairman: That is all either of you have to say? Yes. Samoorian: When you come down you said to me when you are walking on the street when an officer stops you and asks you for identification you have to show it to him. Kozelj : No sir. Samoorian: When you came over he already had taken the number and handed it back to me. When he threw the envelope back to me was the time you came over. You picked up the envelope and gave it to me. Kozelj : I walked over and asked Officer Shine what the trouble was and he said you refused to show your license and registration. Samoorian: You said when an officer stops you when you are walking on the street and asks for iden- tification you have to show them. I said he has my papers. Rycroft: Mr. Samoorian, did you ever have any trouble with this man before? Samoorian: I don't think so. Rycroft: As a fair recollection, you never did? Samoorian: No. Rycroft: On that morning you said that they let four other cars go by and they picked out yours? You never had any trouble with them before? Samoorian: I don't remember. I don't know. Rycroft: Wouldn't you recognize them? Samoorian: Four years ago. Rycroft: They were not police officers four years ago. Samoorian: My mother-in-law died and we went to a wake in Watertown. Four cars, tdo of my brothers-in-law, my sisters-in-law and myself. We were coming on Lowell Street, crossing Woburn Street where the light is now, They had a stop sign about fifty feet back from the street under the trees. Three cars went but I was the fourth one. Two officers 88 CC 00 came. I did not know who they were. If I see them now, I wouldn't know them. Chairman: That does not bear on this incident. Samoorian: They said I failed to stop on a stop sign. Besides I was the fourth car. Chairman: All we can do is discuss this and try to arrive at something that will be fair to everyone. Samoorian Ever since the day he stopped me I have been travelling fourteen tiles a day extra so they won't be giving me any more trouble. Chairman: We will discuss it and try to arrive at some- thing that is fair. Samoorian: I have been threatened. Tucker: What is this threatening business. Samoorian: He told me I am going to get you and get you good and proper. A lady I don't know called me on the; telephone and said be careful the police are out tb,-get you. The same thing happened to my brother a year ago and he had to move out of Lexington. Chairman: We have all the story that bears upon the sit- uation. We have another appointment at 8:30 and I think be better get on to that one. Mr. Samoorian, officers Shine and Kozelj retired at 8:55 Y.M. Rycroft: I don't believe the gentlemen realizes how fast he wasQ�,,�g. Chairman: He was found�g-uilty. Rycroft: That is right. The Chief read a list of eight traffic violations on record against Mr Samoorian. He retired at 9:05 P.M. Mr. Stevens and Mr Gayer returned to the meeting. Mr. Chester Lidberg, his mother and sister met with the Board. Mr. Lidberg said his problem is the sewer assessment on the old homestead. He said he has been assessed for - 335 feet. He contacted Mr. O'Conner of the Engineering De- partment. There are 185 feet attached to the house and another additional 150 feet for a proposed lot which in- cluses the barn. He said he wanted some relief until such time as he can get the barn down. The total is $125041 The sewer assessments across the street run on the basis of 100 feet and he has to pay for 185 feet. Mr. Lidberg presented a plan which he had drawn up Mince he received his bill. Mrs. Morey asked if it was an approved lot; a filed lot 9 and Mr. Lidberg replied in the negative. The Chairman asked if all the lots were filed as a plan and Mr. Lidberg replied that none of them are. The Chairman said that, pointing to the plan, Mr. Lid- berg would like some relief on this lot here. Mr. Lidberg said he would until such time as the barn is removed. He said he has a customer for one of the lots and has asked for water on it. The lot with the barn on it cantt be sold as it is. Mrs. Morey asked if all three lots would be filed when one was filed and Mr. Lidberg replied not the one with the barn on it. Mrs. Morey said that he could file the three parcels of land even if the barn is on it. Mr. Lidberg said he could not sell the lot with the barn on it. The Chairman showed the plan to Town Counsel who said that the plan could be filed. He said a good many plans have been put on record showing lines running through buildings. The Chairman asked if it would be possible to defer the assessment if the barn was not there. Mr. Stevens asked if the barn was being used and Mr. Lidberg replied that he is not using it but it is rented out. Mr. Stevens said that the sewer goes to the line so this lot could be reached. The betterment as it is now had been put on the whole area. He explained that a betterment can be spread over twenty years, but if it is deferred it must be paid all at once. If it is deferred and in a year or two the barn is taken down and the lot sold, either Mr. Lidberg or the purchaser will have to pay the full amount. Mr. Lidberg said he understood that. He said he wanted relief from the other one also. Mr. Stevens explained that they are two seperate questions. The Chairman said that the Board would take the matter under advisement, and let Mr. Lidberg know. The Lidbergs retired at 9:25 P.M. Letter from the Laconia Street Residents' Association was held over, Mr. Stevens having agreed to check the Traffic Statute re traffic control. control on Mr. Stevens advised the Board that he does not be- Laconia St. lieve the Statute is intended to apply to situations like this. The Town does not have control of the speed on an unaccepted way. He reported that he had checked with one of the men in Traffic at the Public Works and was told that the Statute would not apply. He said the Town does not have any rights in anunaccepted street and Laconia Street, beipg unaccepted, the Board does not have the power to put in speed regulations. 90 Mrs. Morey asked if the people could hire an officer for special duty such as the Atlantic and Pacific does and Mr. Stevens replied in the affirmative. He explained that the Town police officers could stop speeders on an unaccepted street if they are driving at a rate of speed that is unreasonable and improper. Mr. Stevens presented copies of the Brox contract Contract which he said he would approve and hold until a better certificate of insurance has been received. Mr. Maloney reported that M/Sgt . Ernest W. Hill of the U.S. Army Recruiting Station, Waltham, Mass. would like the use of a room one day a week, preferably Thurs- Use of day, from 1:00 P.M. until 4:30 P.M. This will make it room possible for Lexington boys to obtain information locally. There will be only one man on duty and the use of the room can be terminated at any time by the Board. The Chairman suggested, and the Board agreed, that the Army Recruiting service be granted permission to use a conference room on Thursdays from 1:00 P.M. until 4:30 P.M., said use to be terminated by the Board at any time. The Chairman read a letter from Leslie C. Read, Warren Street, to Mr. Gayer relative to repairs on that street Complaint and others in the same vicinity. Mr. Gayer informed the Board that he has already issued a work order to have the holes patched. The Chairman read a letter from William Roger Greeley Painting asking that the painting of/Cary Memorial Building /the Cary Bldg. conform to the traditional color. Mr . Maloney reported that the color is Colonial Ivory and he has received favorable comments. The Chairman read a letter from Fay Kenney, 34 Grape- vine Avenue advising that she does not want a shade placed on the street light but does want the light moved one post Street down. light Mrs. Morey suggested that a copy of the letter be sent to Mr. Stickney, the Boston Edison representative with whom the Board discussed the subject last week. Mr. Anthony A. Mazza's letter requesting extension of water main to service Lot #15 Green Lane was held over. Water Mr. Gayer said that there are four houses already con- ext. structed on Green Lane and he is having a schedule of betterments prepared to send Mr. Mazza with the request that the necessary signatures be obtained and the schedule returned. This will be an item for the 1957 budget. The Chairman read a letter from Reynold C. Boselli 91 336 Lincoln Street, together with petition, for instal- lation of sewer in Lincoln Street from Marrett Road to Sewer Bgrrymeade Drive. Ext. Mr. Gayer reported that it is possible to make the connection and he is having a schedule of betterments pre- pared for signatures, said project to be a 1957 budget item. Letter was received from the Commonwealth of Massachu- setts, Department of Banking & Insurance, advising that said department has been issued a certificate establishing a contributory retirement system for the East Middlesex Mosquito Control Project. The system becomes operative Retirement on January 1, 1957 and the eligible employees become members of the Middlesex County Retirement System. Mr Bertram P. Gustin, Chairman Town Celebrations Committee, and Mrs. Cheever, Secretary met with the Board. Mr. Gustin referred to the committee 's budget and asked if the committee had control of the money or if it had to obtain approval from the Selectmen for expenditures. The Chairman said he presummed the budget was established for the committee which can operate under it. II Mr. Gustin referred to the observance of UN Day and said this year there is a three- fold program recom- mended. One is the sale of UN cook books. The League of Women Voters will sell the books. The second is the UN book shelf recommended for public libraries, etc. Under this, they are promoting the service groups to participate and make donations. The book shelf is an item of $70 in- cluding $10 for a children's bookshelf. The third aspect is to start, on a continuity basis, planting of properly marked trees. That, the committee feels, is its own expense. The Committee has asked the Student Council to participate. U.N.Cook Mr. Gustin explained that the League of Women Voters Book Sale does not have the money to advance the purchase of the cook books. They can sell 250 for $1.00 each. The Committee thought it could order the books in advance and when they were sold the League could reimburse the Committee. However, he understands from Town Accountant that he would not approve. The Chairman asked if the business of the cook bookt would be putting the Town in a position of buying and sel- ling at a profit. Mr. Gustin replied in the negative and said that the committee would be lending the money to the League. 92 Com" tTi The Chairman explained that the committee could not lend any money and any money returned would have to go into the Excess and Deficiency Account . Mr. Maloney suggested that the Lions Club lend the money to be paid back when the books are sold. Mr. Tucker said that it seemed to him thin project was getting/from an official town function. away Mr. Gustin requested permission to erect a tent on Emery Park to be used by the league of Women Votars in Tent on connection with the sale of cook books. Emery Park The Chairman said that he could see no objection and recalled that it is used by other organizations on April 19.th. Mr. Gustin said the committee would like to have the flags flown on UN Day and would/like a loca- /also tion for a UN flag. Mr. Maloney suggested that the UN flag be dis- plgyed in front of the tent. Mr. Gustin and Mrs. Cheever retired at 10:25 P.M. which Letterlwas received from the Minute Man Oil Sales re parkipg trucks on town property in t he vicinity of the Central Fire Station was held over. The Board was unanimously opposed to such an Parking arrangement and denied the request inasmuch as it req. would be establishing an undesirable precedent to denied grant a private concern permission to use town pro- perty for private parking. Letter was received from James E. McCarthy, president of the Woodhaven Associates, reqqesting Permit permission to conduct a street dance on October 19th from 8:30 P.M. until midnight in front of #36 through #41 Normandy Road. The Board had no ohjection and granted the re- quest. The Chairman read a letter from Mrs . Gladys_M. Washburn, 20 Fletcher Avenue, commending Sergeant Commendati9Woodward and Patrolman Kozelj for their kindness and courteous assistance on the afternoon her father dropped dead. The Chairman read a letter from Lieutenant Inspector Corr reporting on theft of copper from theft the construction at the new High School. The case 93 was solved and restitution to be made. The Chairman reported that last winter he attended a meeting in Boston held by the Boston National Historic Sites Commission. The commission is now concerned, in particular about the Lexington-Concord Battle Road of April 19th on Monday, October 15th, Room 1400 Post Office & Court House, at 3:00 P.M. He reported that M . Jaquith and Mr. Snow plan to attend and he thought the Lexington Historical Society should be represented. Mrs. Morey agreed to contact Mrs. Charles Davis and make sure that her husband who is president of the Society, presently out of town, has been advised of the meeting. The meeting adjourned at 11:05 P.M. A true record, Attest: z 7 ..,/ 1xecutive�Clerk, (Selectm en.