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HomeMy WebLinkAbout1956-06-05-BOS-min 4(t SELECTMEN'S MEETING June 5, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Tuesday evening, ;Line 5, 1956 at 7:30 P.E . Chairman Reed, Messrs. James, Maloney and Mrs. Morey were present. Mr. Gayer, Superintendent of Public Works, and the Clerk were also present. Mr. Tucker arrived at 9:10 P.M. Mr. Mahon, representing the Boston Edison Company, Pole location met with the Board relative to a j/o pole relocation on Ledgelawn Avenue. He explained that the petition did not require a hearing. Two weeks ago the Boston Edison Company pre- sented a petition on Ledgelawn Avenue and the pole loc- ation was to abut the line. After he left the hearing, Mrs. Hodges, an abutter who was present, told him that there was a five foot drain on her property. The plan did not indicate it and he checked with the Town Engineer the next day and found that she was correct. There is a ten foot drain; five feet on either side. Inasmuch as a public hearing was held and the petition granted, the company is now in with a petition to relocate, on paper, the pole which is a foot or two off the drain, He ex- plained that this will keep Mr. Carroll' s records in order. Upon motion of Mr. James, seconded by Mrs. Morey, it was voted to approve the petition and sign the order for the following pole location: Ledgelawn Avenue, approximately 280 feet west of Hamilton Road, One pole. (One existing j/o pole to be removed. ) Petition was received from the Boston Edison Com- pany and the New England Telephone and Telegraph Com- pany for permission to locate nine poles on Liberty Avenue, Mr. Mahon explained that this is a case where the pole locations are established and the petition is presented because the street has now become a public way. He said that the poles are not actually being moved, but the company is validating them as being on a public way. Upon motion of Mr. James, seconded by Mrs. Morey, it was voted to grant the petition and sign the order for the following pole locations: 487 II Liberty Avenue , northwesterly side, approximately 15 feet northeast of Ledgelawn Avenue, 1 pole. Liberty Avenue, southeasterly side, approximately 180 feet northeast of Ledgelawn Avenue, one pole. Liberty Avenue, northerly side, easterly from a point approximately 50 feet east of Braemore Terrace, seven poles. Petition was received from the Boston Edison Com- Pole pany and the New England Telephone and Telegraph Com- location pany for permission to relocate one j/o pole on Hilltop Avenue. Mr. Mahon explained that this is a pole to be re- located to clear a driveway. Upon motion of Mr. James, seconded by Mrs. Morey, it was voted to grant the petition and sign the order for the following pole location: H illtop Avenue, approximately 380 feet southeast of Kendall Road, one pole. (One existing j/o pie to be removed. ) Mr. Mahon retired at 7:35 P.M. Mr. Stevens, Town Counsel, met with the Board. Mr. Gayer referred to bids received May 21st for painting the standpipe and recommended awarding the Contract contract to Angro Painting Service, the low bidder, No. 2 He reported that Whitman & Howard have investigated and is satisfied that the company is reputable. Upon motion of Mr. Maloney, seconded by Mr. James, it was voted to award the contract for preparing the surfaces and painting steel standpipe, Contract No. 2 to Angro Painting Service, the low bidder, for $2,770.00. Letter was received from Western Real Estate Trustees advising that on June 1, 1956 the property Parking area located at 1733-1753 Massachusetts Avenue, was con- rent Veyed to the Trustees of the Real Estate Investment Trust of America. Future rent payments are to be made to Real Estate Investment Trust of America, care of Minot, DeBlois & Maddison, 294 Washington Street, Boston. The rent mentioned is $1.00 per year paid in connection with the so-called Edison Way parking area. The Chairman read a copy of Mr. Stevens' letter to Ralph D. Cataldo in reply to his letter of May 23, 4438 or 1956 relative to land taking on East Street for road purposes. The Chairman read a letter from Mr. Stevens, to- Chap. /45 gether with copy of Chapter 1L5 of the Acts of 1956, Acts 1956 which was approved on March 5, 1956 and becomes effec- tive 90 days thereafter. This Act amends Chapter 4.1 of the General Laws by inserting a new section 23A that expressly authorizes the Selectmen to appoint an executive secretary for a term of one or three years, subject to removal at the discretion of the Board. It provides for the establishment in the Town of the of- fice of Executive Secretary to the Selectmen and the town may by vote or by-law authorize and empower the Selectmen to appoint an Executive Secretary. Upon motion duly made and seconded, it was voted Engineering to sign Contract for Engineering Services (Contract Contracts No. 1956-1) between the Town of Lexington and Wnitman & Howard, Inc. for services in relation to construc- tion of about 11.,000 feet of water main extensions, with all appurtenances, in Waltham Street, Concord Avenue and Webb Street, full compensation 7% of the total cost of construction. Upon motion duly made and seconded, it was voted to sign Contract for Engineering Services (Contract N9. 1956-2) between the Town of Lexington and Whitman & Howard, Inc. for services in relation to construction of about 5,000 feet of sewers in Richard Road, Fletcher Avenue, Pinewood Street, Pollen Road, Cedar Street, and Spencer Street; and of about 2500 feet of drains in Payson Street, Justin Street, Locust Avenue, Tower Road and Tavern Lane, full compensation 10% of the total cost of construction. Upon motion duly made and seconded, it was v oted to sign Contract for Engineering Services (Contract No. 1956-34 between the Town of Lexington and Whitman & Howard, Inc. for services in relation to street con- struction, including all utilities such as sewer, water and drain work, in Bernard Street, Calvin Street, Donald Street, Eld± ed Street, Ivan Street, Blake Road, Grape- vine Avenue, Daniels Street, Nichols Road, Pearl Street, Arcola Street, Milk Street, Rowland Avenue, Wallis Court, Jackson Court, Henderson Road and Forest Street, full :compensation 10% of the total cost of construction. The contract was delivered to the Town Accountant for his files. , 489 Mr. Stevens presented a layout of the Ross prop- Rode eity, together with original proposed layout across her development property. He explained that an attempt was made by & sewer line Whitman & Howard, at the request of Mrs. Ross' attorney, 14r. Thomas, to lay out the land in lots with the hope that the sewer would go along the lot boundaries. If that were dnne and the Planning Board would approve the layout, she was not going to sue. He referred to a sec- tion on the plan and explained that the attempt did not wbrIt because of difficulties in grade. He then referred to another possible layout which might work but there she does not connect to any road. He stated that it was proposed that the Town consider laying out a street, indicated on the plan, as a town road. However, Mr. Gayer felt it would be very expensive because of ledge. He then explained another way and said that Mr. Snow insisted that the grades Whitman & Howard had were not right. They were checked and found to be incorrect. He said that there is nothing that the Plan- ning Board has indicated as even primary approval on this side of Constitution Road. He said he had this evening a taking plan from the Lloyd land down to Constitution Road, and that the only way, according to them is to lay this out with lots coming down here (indicating on plan) and if that is so, one lot will have a sewer line through it so the town may be in for damage for one lot. He said he had the signature page ready and Whitman & Howard is going ahead to make its study. At the same time they are doing a layout for Mrs. Ross so it will probably come in to the Planning Board for approval at the same time the taking plan is ready. The contractor is very anxious to go in there and cut. He said he talked with Mr. Thomas and he said it was all right with Mrs. Ross for the contractor to go in and do his clearing. As long as he stays within the easement the town is going to take they will not make any claim for damages but will reserve their claim for damages by eminent domain. He said it seems sensible to have the contractor go in there and cut. Upbn motion of Mr. James, seconded by Mr. Maloney, it was voted to sign a taking by eminent domain of an ease- ment for construction of sewer through land owned by Eleanor M. Rosa. Winter Letter was received from Mr. Stevens re drainage Lira= St. easement, Lots 8 and 9 Winter Street. In 1948 the Town Easement received by grant from Lottie M. Kendrick a drainage abandoned easement extending along a portion of the common boundary of lots 8 and 9 winter Street; subsequently William H. Sullivan purchased the lots, and desiring to combine them into one lot for building purposes and to place a 490 gL house in the location that would include a portion of the easement, he granted a new drain easement to the Towns Under Article 34 of the 1956 Annual Town Meeting the Selectmen were authorized to abandon the earlier draifl easement that had been granted in 1948. Upon motion of Mr. Maloney, seconded by Mr. James, it was voted to abandon and release the drainage ease- ment granted in 1948. The original of the instrument is to be delivered to Mr. Gayer, Superintendent of Public Works, to be forwarded by him to Mr. Sullivan. A copy is to be re- tained for his files and a copy is to be filed with the Selectmen. In lieu of Mr. Stevens ' letter of May 28, 1956 re Abatement water betterment account no. 890-Biagio Cacciola, upon motion of Mr. Maloney, seconded by Mrs. Morey, it was voted to abate the water betterment assessment levied against Biagio Cacciola in the amount of $420, Mr. Stevens retired at 8:25 P.M. Mr. John J. Byrne, Jr., Plumbing Inspector, met with the Board. He said his problem was simple and Plumbing all he wanted was for the Board to reconsider action Inspector' s taken in regard to his vacation. He stated that he is vacation in Winchester in the morning and arrives at Lexington at 11: 30 in the morning. He said Winchester gives him two weeks ' vacation and if he is denied a vacation in Lexington, it will leave him in an unusual position. He said he would like the Board to reconsider action whereby it reduced his budget by taking out two weeks' vacation allowance because it considered him a part- time employee. He reported that he is in Lexington every day from 11:30 it.M. until 12:30 P.M. at which time he goes out on his rounds. The Chairman asked if there had been $120 in the budget and Mr. Byrne replied in the affirmative ex- plaining that it was to pay for a substitute. Mrs. Morey asked if he had a substitute available and he replied in the affirmative. . He said that he be- longs to the N. E. Association of Plumbing Inspectors and if one can't substitute for him, .he can always get another. He maid it is extra work for them and they should be paid. Mrs. Morey .asked about the length of his day and he stated that he arrives in Lexington at 11:30 A.M. and remains until noon. He then takes about fifteen . or twenty minutes for lunch and goes out on calls. Some days it may only be an hour or an hour and a half and other days he is here until four o'clock. Mrs. .Morey asked if he had to inspect plumbing in all the new houses and he replied in the affirmative. 49 Mrs. Morey said she would think that would keep him going all day. Mr. Byrne said that the job is either right or wrong and it is not necessary to stand around talking. He assured the Board that he spends a good deal of time in Lexington and travels a great many miles, The Chairman said that the Board would consider his request. Mr. Byrne retired at 8:35 P.M. Mr. James explained that the only reason the amount was deleted was because the Plumbing Inspector was con- sidered a part-time employee and this is the first case of this type of which he is aware. Mr. Maloney mentioned that he was appointed under Civil Service so could not be considered a part-time employee. He said that he is doing all the work that is required of him. Mr. Reed said as he recalled it, the budget was re- duced because he was considered a part-time employee. He said if Winchester gives him a vacation he is tied up in Lexington. Mrs. Morey pointed out that he could take a Vaca- tion without pay and Mr. Gayer said he thought he was trying to be fair with the town. The Chairman recommended replacing the $120. He explained that the vacation salary would have to be paid out of the Personal Services budget and a request will have to be made at the end of the year for the Appropriation Committee to make a transfer from the Reserve Fund. Mr. Maloney said he thought if the Board explained the Situation to the Appropriation Committee a transfer would be approved. Mr. James said that the money could be appropriated if a Special Town Meeting is held. Upon motion of Mr. James, seconded by Mrs. Morey, it was voted to continue to pay Mr. John J. Byrne, Jr. at the rate of $60 per week. Mr. Gayer retired at 84.0 P.M. The Chairman read a letter from the Board of Fire Commissioners advising that they will go along with Physical medical examinations as suggested by Dr. Leary. On Examinations all future appointments to the Fire Department they will for Fire Dept see that the record of •medical examination is carried out. The Chairman was authorized to acknowledge the letter and state that the Board is pleased to learn that examinations are to be held before any future 492 c-" appointments are made to the Fire Department. , Memo was received from the Town Celebrations Committee listing sixteen suggestions to be con- sidered by a future committee. The suggestions are to be referred to the new Town Celebrations Committee when appointed. Dog Warrant Upon motion of Mr. Maloney, seconded by Mr. Morey, it was voted to sign the Dog Warrant for 1956 to be directed to Officer Mowat, Dog Officer. The Chairman read a letter from the American Red Cross, Lexington Chapter, inviting the Board to the Red Cross annual meeting on Wednesday, June 6th at 8:00 P.M. Meeting Mrs. Morey will be present at the meeting and also represent the Board. The Chairman read a letter from Fred C. Newhall, Group Life Treasurer of the Lexington Savings Bank, advising Insurance that low cost Savings Bank Life Insurance is now available to municipal employees as group insurance. The Chairman was authorized to advise Mr. Newhall that this type of insurance has been discussed by the Board several times,but inasmuch as the employees have never manifested any interest, no action has been taken. If and when such coverage is desired and the Board is ready to consider it, Mr. Newhall will be given an opportunity to present whatever information he has oil the subject. Letter was received from Mr. Carroll advising Committee that the Town Moderator has appointed the following individuals to serve on the Historic Document Com- mittee, authorized under Article 35, March 26, 1956; Mrs. John P. Bevan, Winthrop H. Bowker, Rear Admiral Kendall S. Reed, James M. West and Edwin B. Worthen, Jr. Letter was received from Mr. Carroll, advising that the Town Moderator has appointed Mr. Lewis L. Hoyt Committee and Mr. Robert E. Meyer to serve on the Cary Memorial Library Addition Building Committee. These two ap- pointments are to fill vacancies caused by the resig- nations of William R. Rosenberger and Roger M. Coquillette. Upon motion of Mr. James, seconded by Mr. Maloney, Bond it was voted to approve bond No. F-141736 in the amount of $2,000 on behalf of James F. Mowat, Constable in the Town of Lexington. Uses of hall Upon motion of Mr. Maloney, seconded by Mrs. Morey, it was voted to grant the following uses of halls: 493 Uses of hall Lex. High Senior Class Cary June 8 Dance Lex. High Senior Class Cary June 10 Baccalaureate Lex. °High Senior Class Cary June 13 Graduation Upon motion of Mr. Maloney, seconded by Mrs. Morey, it was voted to grant a Sunday Movie License to the Lexington Theatre. Upon motion duly made and seconded, it was voted to approve changes in the present schedule of fees charged Building fees for building permits, as suggested by the Building In- spector, as follows: Minimum fee for permits $ 2.00 Maximum fee for permits 1,000.00 Estimated cost over $2,000 1.00 per M Renewal of permits - valuation 5.00 over $10,000 Renewal of permits - valuation 2.00 under $10,000 Demolitions 2.00 Moving of buildings 2.00 Upon motion of Mrs. Morey. seconded by Mr. Maloney, it was voted to appoint James A. Harding, Jr., 14 High- Appointment land Avenue, an Associate Member of the Board of Appeals for a term expiring March 31, 1957. The Clerk was instructed to send a list of the members of the Town Celebrations Committee to the mem- Committee bers of the Board; a new committee to be appoineed at the next meeting. - Mrs. Morey reported that she spoke to Mr. Edwin B. Worthen;_ Trustee of Cary Memorial Building, in re- Trustees gard to the use of the Trustees Room on the second Room floor. He reacted favorably and stated that the uses Cary Bldg. as suggested by the Board would be fulfilling the pun- pose for which the building was intsreded. He would like to have the painting moved from its present loca- tion to the large wall where the Tilton collection of birds was located until recently moved. The Chairman reported that he needs someone to Community serve on the Executive Board of the Community Council. Council Suggestions are to be considered at the next meeting. I 494 mz CL It was decided to have the room thoroughly cleaned, the painting relocated and then ask the Trustees for funds to purchase additional chairs. Mr. Tucker reported that Frank Samuels, Wood- Accidents haven area, called him and suggested placing the car involved in the fatal accident at Marrett Road and Massachusetts Avenue on the lawn in front of Cary Memorial Building with a sign stating that one person had been killed in the car. It was agreed to write the Stats re maintaining a very dangerous corner at Massachusetts Avenue and Marrett Road, Route 2, and ask that serious considera- tion be given to correct the dangerous hazard now existing and urge that an effort be made to reduce the accidents and make the location safer for vehi- cular traffic. Mr. Tucker agreed to call Mr. Samuels and advise him what the Board has in mind. Mrs. Morey referred to request received last week Tree for removal of two trees at 80 North Hancock Street. ' removals She reported that there is no way the proposed de- velopment will be stopped. The subdivision was con- sidered last evening by the Planning Board and prob- ably will be approved. Upon motion' of Mr. James, seconded by Mr. Maloney, it was voted to post the -two trees, mentioned in Mr. Mark Moore+s letter, for removal and also explain to Mr. Brenton that it may be necessary to remove one other. The meeting adjourned at 9:35 P.M. A true record, Attest: i - ecu%ti!e,' erk, (Selectn. I