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HomeMy WebLinkAbout1956-07-09-BOS-min 525 I SELECTMEN'S MEETING July 9, 1956 L regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, July 9, 1956 at 7:30 P.M. Chairman Reed, Messrs. Maloney, Tucker, James and Mrs. Morey were present. Mr. Gayer, Superintendent of Public Works, Mr. Stevens, Town Counsel, and the Executive Clerk were also present. Hearing was declared open upon petition of the Pole Boston Edison Company and the New England Telephone location and Telegraph Company for location of one j/o pole on Massachusetts Avenue, northerly side, approxi- mately 195 feet west of Forest Street. Mr. Stickney, representing the Boston Edison Company, was the only person present at the hearing. He explained that the existing pole, from which they would like to feed the church, is in front of Merlin J. Ladd's property. If the pole can be moved fifteen feet in front of the church property, it will elimi- nate the necessity of any wire crossing and also eliminate one pole on private property out near the street. The proposed pole will be set approximately 100 feet down in back and will feed in back to the church rather than cutting across private property. Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to grant the petition and sign the order for the following pole location: Massachusetts Avenue, northerly side, approximately 195 feet west of Forest Street, -- one pole. (One existing j/o pole to be removed) Mr. Stickney retired at 7:35 P.M. The Chairman read a letter from Sharrilo, For- tunato & Tempone, 5 High Street, Medford, attorneys Claim for Mrs. Edythe B. Yeomans, claiming personal in- juries as a result of a fall by reason of a defect in the sidewalk at 1782 Massachusetts Avenue. Mr. Stevens explained this is just a legal notice to place a claim for damage}d. He said that the incident happened in front of Blake's and it was brought to his attention by Mr. Gayer. 0 526 1 Sad Mr. Stevens reported that he looked at the side- walk and it did not look good as there was quite a hole there. Mr. Gayer asked him if he should repair it and Mr. Stevens advised him to do so as it was in a dangerous condition. Mr. Stevens asked if any report had been sub- mitted by the Police Department and Mr. Gayer replied int he negative. The Chairman asked if there were other places in the center in similar condition and Mr. Gayer replied that .a survey had been made and there does not seem to be any others. Mrs. Morey asked if the police were supposed to report such conditions and Mr. Gayer explained that they do sometimes if it is brought to their attention. He said he spoke to the Chief and asked him to let the Public Works Department know when such conditions existed. The Chairman read a letter from Warren, Garfield, Whiteside & Lamson, 30 State Street, Boston, attorneys Legacy for the estate of Maud T. Sherburne, advising that, under the terms of the will made by the late Mrs. Sherburne, a legacy is left to the Inhabitants of the Town in the amount of $25,000 to be held in trust, the income to be used for annual awards to educate and assist deserving young men and women in Lexington. Mr. Stevens reported that he obtained a portion of the will relating to the bequest and the fund is to be known as the F. Foster Sherburne and the Tenney Sherburne Fund. It provides for a committee consist- ing of the Superintendent of Schools, Minister at the time being of the First Congregational Unitarian Society, Lyon Carter, during his life time and after his death, the Chairman for the time being of the Board of Selectmen. He said this would come for acceptance at the next Town Meeting and be turned over to the Trustees of Permanent Funds. He said that he would follow this through. Petition was received, signed by residents of Burlington Street, requesting the installation of sewer lines to relieve sewage difficulties in this area. Mr. Gayer explained that the line would have to come down across Route 128 and over the Eldred Street area. 627 7 The Chairman said that there is no sewer in the' street and it is a long way across. Mr. Gayer explained that thenar was a line left under Route 128, which is the only part that is done, and traced the location where the sewer would have to Sewer go on the wall map. He stated that it would be a very long and expensive extension. The Chairman. said that it will be a long time before the sewers goes in here. Mr. Gayer said it might be extended some distance from the present line, -but it would not take care of all these people. The Chairman asked him to find out definitely before the petition is acknowledged. He said there certainly are no plans at the moment for a trunk line sewer over in this area. He said he would like an opinion from the Board as it would be very expensive proposition for ten or twelve people. Mrs. Morey mentioned that if the McDevitt farm ' is selected for a school site, it might make a dif- ference. The Chairman read a letter from Frank W. O'Connell, 975 Massachusetts Avenue, stating that he feels he has been erroneously charged a sewer assessment on Joseph Road in 1947 and his house is connected on Massachusetts Avenue.. The Chairman also read a letter from Mr. Gayer advising that the O'Connell property consists of one lot extending along Joseph Road from Massachusetts Sewer Avenue to Spencer Street. When the sewer was put betterment in Massachusetts Avenue in 1927, the area assessed for sewer betterments was the portion of the lot be- tween Massachusetts Avenue and a line parallel to Massachusetts Avenue. When the sewer was put in Joseph Road in 1947, the remainder of the lot was assessed. The rear portion of the lot cannot be used for building unless the Board of Appeals approves the shbdivision of the O'Connell lot. The Chairman said that until the Board bas some assurance from t he Board of Appeals that the lot can- not be built upon, nothing should be done about abat- ing the assessment. He asked Mr. Gayer to find out the amount of the assessment and how much of it is paid, IIPetitions were received for installation of 528 a m 1 street lights in Normandy Road and Stimson Avenue* Mr. Gayer agreed to contact the Boston Edison Company for the purpose of making a survey of all street light requests and submit the company's recom- mendation to the Board for a formal vote. The Chairman read a copy of Mr. Gayer's letter to the Planning Board regarding the subject of sewers for the proposed subdivision by Mr. Outhet located on the easterly side of Lowell Street. At the present time a trunk sewer ends on Lowell Street at Maple Street and Winchester Drive. This has sufficient depth and capacity to service Lowell Street as far as Woburn Street and roughly 90% of the so-called Kelley development. An existing sewer main in Blueberry Lane could service 1/3 of the proposed subdivision. He ex- plained in his letter that he will recommend to the Board this Fall that a trunk sewer on Lowell Street be extended in 1957 to a point on Scotland Road where it can service about 90% of the proposed subdivision, if the developer still expresses a desire to go ahead at that time. He stated that he would not recommend ap- proving the subdivision if only 1/3 of the lots can be severed as is the case at the present time. The Chairman asked how soon the developer wanted to start and Mr. Gayer replied that, according to Mr. Snow, he wants to start right away. Mr. Stevens explained that the Planning Board had asked .him if they could require the developer to put in a sewer and he said he thought they could. He stated that the Planning Board would want to know what the prospects are of ,getting a sewer. Mr. Maloney said that the 30,000 foot lots were recommended because there were no sewers available and now the developer is told that he can't use the lots because the Town might put the sewers in. Mr. Stevens said he would be told to put in septic tanks. The Chairman stated that unless the Board re- ecives a request to put the sewer in, it will not be put in. Mrs. Morey said she thought the people who have / been waiting for a sewer for a number of years should V be goven more attention than they new developers. The Chairman said that by the time the Board totals all the petitions received for sewers, the Town will be faced with one of the heaviest years 9 for lateral sewers it has had for some time, and he did not think there was any justification to install sewers in areas from which no requests have been re- ceived. Mr. Stevens explained that the next step is for the Planning Board to ask the Selectmen if they ex- pect to put a sewer in there within two or •three years. He said that the Planning Board has to notify the Board of Health. If the Board of Health writes back that it has reasonable doubt that a cesspool or septic tank will work in certain lots, the Planning Board has to insert that no building can be erected on the lots until the Board of Health has approved them in writing. The Chairman said that there have only been two or three cases where the Board has rushed a sewer in- stallation, but requests had been filed for a sewer. Mr. Stevens said that he does not know what the Planning Board has decided or what it intends to do. When a sewer is put in there are lots from which no assessment is received and it is a definite expense to the Town. He said it is conceivable the town could save money by having the trunk extended and the developer put in the sewer. The Chairman said that there are other areas in Town that are critical and he thought there would be justifiable criticism if a sewer were installed for a developer. He explained that if this particular developer wants to go ahead now, it will be next March before the money is appropriated and it will be two years before the sewer is put in. Mr. Stevens said that until the Board receives a request from the Planning Board there is no action to be taken. Further consideration was given to Mr. Doo's request for removal of a tree and hardtop shoulder Tree removal from in front of his property at 31 CaryiAvenue. denied The Board visited the area and it was unanimously agreed to deny both requests. Further consideration was given to petition requesting extension of sanitary sewer to include Sewer the area from Kendall Road to Follen Road on Marrett Road. Mr. Gayer explained that the Engineers have made a survey and explained, by use of a sketch, that the Bead requested extension is physically pos- sible but the cost will run into approximately 20,000. 04 Mr. Tucker suggested, and the Board agreed, ad- vising Mr. John J. Manning, who submitted the pet- ition, that it is physically possible to extend the sewer but because of the cost it is doubtful that it will be done. Ni'., Gayer reported that A. D+Alessandro & Sons are in financial difficulty ammd have requested re- lease of*1.2,000 of the$16,000 being retained. DtAlessandro Mr. Stevens read letters from D'Alessandro and funds re- the Massachusetts Bonding and Insurance Company. He leased also read a letter from Whitman & Howard onthe sub- ject. Mr. Gayer said that the circumstances justified the release and he recommended it. Upon motion of Mr. Maloney, seconded by Mr. James, it was unanimously voted to release 12,000 of the retained percentage, consent of the bonding company having been secured. At 9:30 P.M. Mr. Crerie, Chairman of the Rec- reation Committee, Mr. Grindle, representing the Recreation Planning Board and Messrs. Steele and Martin of Committee the School Committee met with the Board to discuss By-Law a By-Law to govern playground and recreation centers. The Chairman explained that the meeting was called for the purpose of arriving at some conclusion relative to a By-Law defining the Recreation Committee. He stated that the article will be submitted to a Special Town Meeting inithe Fall and then the Rec- reation Committee will know definitely where it stands and what its powers are. Mr. Crerie referred to Section 1 of the pro- posed article and said that the term of appointments are what the present 99wmmi.ittee wants. He said the appointments should bthree, two and one-year terms. The only part the Committee questions is the provision whereby vacancies are to be filled by the Board of Selectmen. The Committee thinks that the members should not be Appointed entirely by the Selectmen. He said they should be appointed by the members of the School Committee and the Selectmen because of the close tie-in with the School Committee. Mr. Crede said that the Committee is in accord with Sections 2, 3, L. and 5. Mr. Stevens explained that whatever is. decided must fit under the Statute powers and there is no provision for appointment by the School Committee. 531 Mr. Crerie said he thought the Committee should consist of five members. Mr. Stevens explained the appointments as one by the Selectmen, one by the School Committee, one by the Planning Board and two by the Moderator. Mr. Ma1tin said that any opinion he and Mr. Steele expressed was personal as the School Committee has not had an opportunity to discuss the subject and he was more or less in favor of having the members of the Com- mittee elected. Mr. Steele said that the Recreation Committee and the School Committee should be closely related. Mr. Grindle referred to Section 5 and following further discussion, it was agreed that the School Committee would consider the subject at its next meeting on July 16th and then contact Mr. Stevens who will prepare another draft of the proposed article. The group retired at 9:30 P.M. Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to sign a contract, prepared by Town Standpipe Counsel, between the Town of Lexington and the Angro painting Painting Service for preparing the surfaces and paint- , ing steel standpipe, Contract No. 2. Mr. Stevens retired at 10:05 P.M. Mr. Gayer informed the Board that he asked Whitman and Howard for an informal estimate of the cost for making a water survey. He read a proposed survey submitted by Whitman and Howard. The estimated cost of the survey is $1500, Mr. Gayer agreed to obtain figures from other Water firms and also get additional information such as the survey possibility of using the old standpipe, locating a new one in the same location as the present standpipe, etc. and present the data to the Board next Monday nights At the time the Board can pass a formal vote to include an article in the warrant for the Special Town Meeting to obtain funds for a survey and also an article to obtain funds for a standpipe. Mr. Gayer retired at 10:15 P.M. The Chairman reported that Chief Rycroft is home sick and unable to keep his appointment with the Board this evening. The Clerk was instructed to make an appointment for him to meet with the Board next Mon- day night. ei Memo was received from the Hurricane Relief Hurricanes Board listing the final status of the claims pre- sented by the Town. .The Chairman read a. letter from Morris Motors Towing with reference to obtaing more of the Town' s tow- Business ing business. It was agreed to discuss the subject with the Chief of Pblice next Monday night. The Chairman read a letter from Officer Joseph A. Belcastro advising that it is his intention to resign his position as a patrolman- on the Lexington Police Force; said resignation to take effect as soon as possible. Letter was received from Mr. Carroll, Town Clerk, Committee advising that the Moderator has appointed the fol- Appointments lowing individuals to serve on. the Capital Expen- ditures Committee for terms of three years to fill two vacancies : Mrs. Arthur E. Fitzgerald, 9 Smith Avenue and Mr. Norman Royle, 152 Simonds Road. Letter was received from Mr. Carroll, enclosing Voting communication to him from Automatic Voting Machine machines Corporation, Jamestown, New York. The Chairman read a letter from Paul F. Hannah, Rally on Chairman of the Republican Town Committee, request- Common ing permission, to hold a Republican rally on the Common, erect a speaker 's stand and install a pub- lic address system on September 25th with alternate dates of October 2nd and 9th. The Board has no objection. Bulletin was received from Massachusetts House Bill Selectmen' s Association relative to H-3048, a bill 3048 providing for the partial re-imbursement of certain motor fuel excise taxes to cities and towns. The Chairman agreed to discuss the subject with Town Counsel. Application for a Common Victualler' s License License at 55 Massachusetts Avenue was received from Rosewell M. Boutwell, 3rd, d.b.a. Elwell Incorporated (Newport Resturant) . Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to grant the license subject to receipt of satisfactory character reference from the Chief of Police. I The Cahirman read a letter from Thomas C. Small, 101 Elm Street, Somerville, requesting a permit to g move a two-familyhouse from 5 Bedford Street to the corner of Ash and Earl Streets. Mr. Maloney questioned the zoning of Ash and Earl Streets and said he doubted if 1t1 were a two- family area. The Chairman agreed to inquire of Mr. Small whether or not he intended to use the building for a two-family residence. It was agreed to hold a meeting Monday, July 16th to meet the Chief of Police, discuss further the proposed water survey with Mr. Gayer and decide on tax title offers. The meeting adjourned at 10:30 P.M. A true record, Attest: axe7/4/ca tiv✓.Clerk, lectme