HomeMy WebLinkAbout1956-05-14-BOS-min 45 .
SELECTMEN'S MEETING
May 14, 1956
A regular meeting of the Board of Selectmen was
held on Monday evening, May 14, 1956 at 8:00 P.M.
following a meeting of the Cary Memorial Library
Trubtees. Chairman Reed, Messrs. James, Tucker and
Mrs. Morey were present. The Executive Clerk was
also present.
The Chairman read a letter from Mrs. R. K. Martin,
1 Moon Hill Road, requesting permission, on behalf of
the Lexington Chapter of the United World Federalists, Barnes
for permission to use the Barnes property on Saturday, property
May 26th for a rummage sale.
Upon motion df Mrs. Morey, seconded by 14r. James,
it was voted to grant the request.
Upon motion of Mr. James, seconded by Mrs. Morey, Licenses
it was voted to grant the following licenses:
Clarence MacPhee
George H. Phelan 14 Baker Ave. Sunday Sales
11 Cary Bt. Peddler
The Lexington Theatre 1794 Mass. Ave. Sunday Movies
Mr. Harold E. Stevens, Town Counsel, met with the
Board.
The Chairman reported that Mr. Gayer had a Vehicle
count taken of the cars going to the dump May 2nd to May
6th from 7:00 A.M. until 8:00 P.M., and presented A_graph
of the results. He said that if the Board would deter-
mine the hours Mr. Gayer will prepare an amendment to Dump
the Ruleg and Regulations governing the dump.
Mr. James explained that, according to the graph,
it is not necessary to open the dump before 8:00 A.M.
or after 7:00 P.M. He said he thought it would be well
to accept what the graph shows and also it would be
wise to do the same thing again after daylight Saving
is a little further advanced.
The Chairman said that he did not like to see the
dump open after 7:00 o' clock.
Mr. James explained that on the three week days the
vehicles per hour after 9:00 in the morning through 8:00
at night were the same all day long; about twenty per
hour. On Saturday and Sunday there was no activity until
8:00 o' clock and by 7:00 o'clock it tapered off to forty
cars an hour. The peak is 138 cars, 11:00 A.M. on Sunday,
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May 6th. On Saturday there were 120 cars an hour at
11:00, 2:00 and 5:00. On three week days it is about
20 an hour all day long right through until 8:00 at
night.
Mr. Stevens mentioned that the Board might as well
set a time for daylight saving and non-daylight saving.
The Chairman said that at the present time Mr.
Gayer has thoughts of putting the shovel up there with
a boom on it and keep that man there all the time, and
put Mr. Kelley at the Public Works building except for
Saturdays and Sundays when he-would be back at the
dump.
Mrs. Morey questioned the operator working a
twelve-hour day.
The Chairman said that someone would have to be at
the dump and Mr. Gayer may not put him there early in
the morning.
Mrs. Morey suggested putting two men on the dump
and keep it open from 8:00 A.M. until 8: 00 P.M. every
day.
The Chairman said that personally he felt that
was too long a day.
Mr. James explained that on week days there is
just as much activity at 8:00 in the evening as there
is in the afternoon.
Mr. Tucker observed that this report is represent-
ative of the first week of daylight time.
Mr. James said his only objection was that he does
not think the report is representative.
The Chair man suggested 8:00 and 5:00 on standard
time.
Mr. Tucker said he thought a schedule should be
set up on summer hours and tried out as an experiment
and also that it should be given publicity in the
in the newspaper.
The hours from 8:00 A.M. until 8:00 P.M, were
finally decided upon.
The Chairman presented a sketch of suggested traf-
fic circle at Hancock and Revere Streets as prepared
by Mr. Gayer.
Traffic Mr. Tucker said that he was opposed to installation
Circle of curbing at this particular location because there
are so many other locations in more serious need of
curbing.
Mr. Stevens mentioned that traffic circles are not
now considered good engineering.
Further consideration was held over until the next
meeting of the Board, at which time Mr. Gayer will be
present. '
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The Chairman asked if Mr. Stevens had checked Cataldo
further on the Cataldo property located on East Street. property
Mr. Stevens said that it is a question of policy. East Street
The Chairman reported that Mr. Cataldo is filling
the land in himself and is then going to bill the town.
Mr. Stevens saidt hat he could not do that.
The Chairman said that he is going to add it to
his claim for damages.
Mr. Stevens said that he could not do that because
the time has expired, and he did not make a claim. Those
things have to be considered and on the other hand if the
Board is going to get into the position of doing something
a precedent will be established and something will have to
be done in other parts of the town. He said he did not
know thatthere was any thought in mind primarily of going
ahead and widening the street, and it is a matter of bal-
ancing various things.
Mr. Tucker mentioned the project as a Chapter 90
item and Mm.Stevens said it could be a Chapter 90 pro-
ject but so many others came up that required attention
there was no thought of going ahead with this.
The Chairman said that Mr. Cataldo made no claim
far damages and that is why he is making this request.
Mr. James mentioned that there are lots in the
Manor not improved along the edge of the pavement and
the people have improved the land right up to the pave-
ment.
Mr. Stevens said if the Town did the work on this,
it will undoubtedly have to do the grading.
The Chairman read a letter from DeVries Constriction
Co. Ins. in re betterment assessments as a result of the
sewer installation in Lowell Street which were supposed DeVries
to have been taken care of before Mr. Burns resigned. Sewer
According to the letter, Lot 21 at the corner of Fair- assessments
lawn Lane and Lowell Street has sewer installed by DeVries
on Fairlawn Lane and the bill on this is therefore double.
Lot 31A which was a similar circumstance has .already been
abated and Lot C is not a lot, but a street entrance which
hill been abolished,
A memo from the Engineering Department that the
betterment assessment on Lot 21 has been transferred to
the new owner, John J. & Mary E. Hammond. In checking
thea ewer order these people were assessed and the
order has been filed at the Registry.
The Engineers' memo mentioned that Lot 17 Was not
assessed, but it was included in the Order and filed.
The Engineers advise that Lot C is a paroel for a
proposed street.
It was agreed to abate the sewer betterment assess-
ment in the amount of $301.33 levied, and recorded against
Lot 17 Lowell Street as this lot is serviced from Fairlawn
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Avenue. It was also agreed to abate the sewer better-
ment assessment in the amount of *189.84 levied, and
recorded, against Lot C formerly a proposed street
with insufficient area upon which to build a house.
The Chairman read a letter from the Building In-
Complaint re spector relative to the unfinished building located
unfinished at the corner of Carville Avenue and Banks Avenue.
building The Inspector contacted the present owner who
stated that the property is in the process of being
sold and the new owner intends to renew the building
permit and finish the building.
The Chairman was authorized tos o advise the in-
dividual who registered a complaint relative to the
building.
The Chairman read a letter from the Town Cele-
brations Committee reporting on the last meeting held
on May 7th.
Letter was receiv-ed from Town Counsel in re sewage
Stipulation service contract with the United States Government,
for dated March 30, 1953, under which the Government was to
Judgment construct a sewer force main through land in Lexington
to a gravity sewer of the Town, and the Town agreed to p
permit the Government to connect and deliver therein,
sewage from the Bedford Research Center at Hanscom
Air Base, -which the town would transport through its
sewers to the MDC trunk line. A connection charge of
$35,000 was paid by the Government to the Town.
The Government brought proceedings to take by
eminent domain necessary easements for the location
-of the force main and a number of the parcels of land
through which the easement passed were owned by the
Town. The proceeding is still pending and to aid in
bringing it to a conclusion, the United States attorney
sent Mr. Stevens a 'Stipulation for Judgment"` in which
the Town agrees to accept *1.00 in full satisfaction
of its claims for compensation fon the easements taken
in town land.
The Board signed the instrument and the original
was mailed to Mr. Stevens.
At 9:03 P.M. hearing was declared open upon peti-
tion of the Boston Edison Company and the New England
Telephone Company for permission to relocate one i/o
pole on Massachusetts Avenue, opposite Worthen Road.
The proposed relocation was approved by Mr. Gayer.
Mr. Mahon, representing the• Boston Edison Company, ,
was the only person present at the hearing.
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He explained that there is now a pole directly in
front of Worthen Road and the petitioner proposes to Pole loca-
abandon that pole and place it directly opposite. tion
Upoh motion of Mr. James, seconded by Mr. Tucker,
it was voted to approve the following pole relocation:
Massachusetts Avenue, opposite Worthen
Road, one pole. One existing Vo pole
to be removed.
At 9:08 P.M. hearing was declared open upon peti-
tion of the Boston Edison Company and the New England Pole
Telephone and Telegraph Company for permission to lo- location
cats a pole on Meriam Street, southwest of Patriots
Drive.
Mr. Mahon, representing the Boston Edison Com-
pany, was the only person present at the hearing.
He explained that at the present time the exist-
ing line runs more or less on the easterly side of
Meriam Street, and underground service is desired by
the Church of Our Redeemer. The company prefers not to
open the street as underground service is very expen-
sive and it would also mean a patching job.
Mrs. Morey asked how much more expensive under-
, ground installation would be and Mr. Mahon replied
that it is approximately $10 per foot and the way it
is lined up now involves about ninety-five feet.
Mr. James said that if the church did not require
underground service the pole would not be necessary
and asked if that were correct.
Mr. Mahon replied in the affirmative and explained
it is a separate service for the church. The church has
to pay for the underground where it leaves the public way.
Upon motion of Mr. James, seconded by Mr. Tucker,
it was voted to approve the following Vo pole location:
Mariam Street, northwesterly side,
appro ximately 210 feet southwest of
Patriots Drive.
Mr. Mahon retired at 9:10 P.M.
Chief John W. Rycroft met with the Board.
The Chairman explained that the Board has received
schedules of towing rates charged by William P. Fitz- Towing
gerald and Morris Motors. He recalled that Morris wrecked cars
Motors felt they were not receiving a fair share of
business from the police officers relative to accidents
and that it was usually given to Fitzgerald. He said
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he thought that was what the Board wanted to clarify.
The Chief said Morris Motors should receive a
fair share of the business but when cars were hard
to get Morris was not interested in the towing busi-
ness and it is only within the past year or year and
a half that he has gone to accidents. Re-saki-ke-kas
aeae-te-see&deate. He- said he has received so many
complaints about the towing .charges made by Morris
he wanted a schedule of rates. in black and white.
Mr. James said that, as he saw it, the Board has
nothing to do with rates anyway. It is a private deal
between the man and the garage.
The Chief explained that he wanted them on file
so the Board will know what they are.
Chief Rycroft retired at 9:24 P.M.
Mr. Francis P. Kennedy, Mr. Harold I. Bjorn and
two other residents of Hillcrest Street met with the
Building Board.
Permit Mr. Kennedy explained that their problem was that
Hillcrest a builder by the name of Chisholm had purchased a lot
Street of land on Hillcrest Street with 100 foot frontage and
is planning to erect two houses. The people in the
area feel it will deteriorate the neighborhood and
they have all built with the idea of having land around
them.
The Chairman asked if most of the frontages were
100 feet and Mr. Kennedy replied that they are either
100 feet or 75 feet at the minimum.
The Chairman asked if he had checked the frontages
and Mr. Kennedy replied in the affirmative. He said
one lot has a fifty foot frontage but there is quite
a background to it.
The Chairman stated that the town sold that but
there is a restriction on it. He said the Board would
let the Town Counsel discuss the subject.
Mr. Stevens said the situation depends on the
wording of the Zoning By-Law. This is now toted at 50
foot frontages and in March of 1929 it was voted to
increase from 50 foot frontages to 75 foot frontages.
Then it went to 100 -and 125. In each of the .ehanges,
the by-law has exempted from the increase, lots on a
recorded plan of date recording prior to the increased
requirements. The plan showing these two lots was dated
1952. The plan was not recorded until after the zoning
was increased to 75 feet. He explained that the question
as to these lots is the fact that the deeds to lots 42
and 43 were recorded in 1926. On the face of it, it
places him within the exemption of zoning and the lots
are buildable. The only basis on which it can be ruled
they don' t come under that is that the deeds described
the lots be reference to a plan and the plan was not
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recorded. He pointed .out one could say the recording
of the deed was sufficient and it is not just an open
and shut case. Mr. Stevens stated that property can
be conveyed by just a deed and a plan. The zoning
exempts the lots if they are in a recorded deed and
plan if it is on record before the change. He ex-
plained that the law says deed or plan so the question
here is whether the description in the deed is based
on the plan which may make it possible, to rule that
the recording of the deed was not sufficient. He said
that the revocation of the building permit may result
in this ending up in litigation, and proceedings could
be brought to require the Building Inspector to issue
a permit. He said he thought it would have to go to
Court for a decision.
Mr. Stevens explained that if it is decided that
the building permit could not be revoked, the people
could bring proceedings against the Building Inspector
to make him revoke it.
One individual asked if they should hire a lawyer
and Mr. Stevens replied that if it were him he would
not do anything until he found out if the permit had
been revoked.
The group and Mr. Stevens retired at 9:50 P.M.
Letter was received, attention of Mr. Tucker, from
the Woodhaven Association .requesting permission to con-
duct a street dance on June 9th between 8:30 P.M. and Street
12:00 midnight in the vicinity of 39 Normandy Road. dance
Upon motion of Mr. James, seconded by Mrs. Morey,
it was voted to grant the request but to ask for more
definite information as to the area included for the
dance before advising that permission has been granted.
Petition from the Boston Edison Company and the
New England Telephone & Telegraph Company for permis-
sion to locate a pole on Rawson Avenue, corner of Pole
Albermarle Avenue was held over. location
Upon motion of Mr. James, seconded by Mr. Tucker,
it was voted to grant the petition.
Petition was received from the Boston Edison Com-
pany and the New England Telephone & Telegraph Company Pole
for permission to locate a pole on Massachusett8 Avenue. location
The proposed location was approved by Mr. Gayer.
Upon motion of Mr. James, seconded by Mr. Tucker,
it was voted to grant the petition for the following
j/o pole location:
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Massachusetts Avenue, northerly side
approximately 135 feet west of Forest
Street.
One existing j/o pole to be removed.
The Chairman read a letter from Mrs. John Fulton,
Complaint 78 Hill Street, relative to the bank which she claimed
to hire been left as a result of the recent widening
of Hill Street.
He reported that Mr,. Gayer has some ideas in mind
which may take care of the situation.
Sidewalk The Chairman read a letter from Mrs. John Baskin
requesting the installation of a black tob sidewalk in
front of her house at 45 Adams Street.
The concensus of opinion was that if there are
funds available this year the installation might be
considered. If money is not available, it will be
included in the items for the 1957 budget.
Petition was received from Andrew Ken and two
Reil. for other individuals requesting the construction and
street acceptance of about 200 feet of Spencer Street.
constr. The Chairman was authorized to advise Mr. Ken
that the funds are available at the time and there-
fore this project will be considered when the 1957
budgets are being prepared.
Petition was received from residents of Grant
Street requesting removal of a tree opposite #67 as
Tree it is a source of danger due to its decadent condition.
removal The Chairman reported that Mr. Brenton, Shade
Tree Division, recommends removal inasmuch as the
tree is too far gone to try and save. It is located
on town property.
Upon motion of Mrs. Morey, seconded by Mr. Tucker,
it was voted to authorize Mr. Brenton toP roceed to
have the tree removed.
The Chairman seed a letter from Mrs. William L.
Traffic Phelps, 16 Curve Street in which she mentioned the
control fence that has recently been erected at number 18.
Mrs. Phelps requested that Curve Street be made one
way.
The Board did not feel that one-way traffic
would solve the situation and it was agreed to erect
signs calling the attention of vehicular traffic to
the blind corner.
Further consideration was given to Mr. Robert M.
Coquillette' s letter advising that the Cary Memorial
Library Building Addition Committee would like a mem-
ber of the Board to serve on the committee as an ex-
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officio member. Because of the numerous demands be-
ing made on the Board, and due to the fact that Mrs.
Morey is a member of the Executive Committee, Library
Trustees, it was the unanimous opinion that some per-
son, not serving on a Town Board, would be in a better
position to devote the time required.
Copy of letter to Planning Board was received from B & M
Mr. Edwin B. Worthen, in regard- to possible future aban- Railroad
donment of the Lexington branch of the Boston & Maine
railroad.
Upon motion of Mr. James, seconded by Mr. Tucker,
it was voted to sign certificate of incorporation on
behalf of W. Lloyd LeBoeuf, Samuel Berman, Paul V. Cert. of Inc.
Riffin, Herbert Kassman, J. Lawrence Powell, Alan B.
Wade, Byron H. Waksman, Arthur Katz and Edward H. Kass
- Five Fields Pool, Inc. satisfactory character references
were received from the Chief of Police.
Letter from Judge Pierre A. Northrup, together with
copy of his letter to the Representatives and Senators Court Bill
concerning the District Court Reorganization Bill was
noted and placed on file.
Letter was received from the Board of Assessors ad-
vising that the 1956 tax rate of $51.00 has been ap- Tax rate
proved by the Department of Corporations and Taxation.
The total assessed valuation of taxable real estate and
personal property as of January 1, 1956 is $53,604,040,
an increase over 1955 of $1 ,532,867 and an increase in
the gross amount to be raised of $491,496.36.
Letter was received from the Board of Fire Com- Captain
missioners advising that the records concerning the Fisk
death of Captain Howard D. Fisk are available if the
Selectmen desire them.
Letter was received from Mrs. Patricia M. Walsh,
297 Summer Street, Somerville, offering $300, total, Tax title
for twelve tax title lots located on Alpine Street, property
Colonial Avenue and Wood Street.
No action to be taken until the Board has had an
opportunity to view the lots.
The Chairman reported that he talked to Dr. Leary Physical
relative to physical examinations and a complete exams- Exams for
nation should not run over $50. He presented samples Fire Dept.
of forms used by Dewey & Almy and the Barbour Stockwell
Company. Dr. Leary felt that either one was as good as
any. Facilities are available in Dr. Leary's office
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building for complete physical examinations.
The Chairman agreed to discuss the subject with
the Chairman of the Board of Fire Commissioners.
Upon motion. of Mr. Tucker, seconded by Mrs. Morey,
Sidewalk it was voted to order the construction of a bituminous
concrete sidewalk on the northeasterly side of Berwick
Road, at property #11.
Sidewalk Upon motion of Mr. Tucker, seconded by Mrs. Morey,
it was voted to order the construction of a bituminous
concrete sidewalk on the southwesterly side of Parker
Street at property #47.
Invitation was received to attend the Annual
Invitation Prison Industries Meeting on Wednesday, May 23rd. Mrs.
Morey suggested that the invitation be forwarded to
the School Department.
Notice was received relative to the Sixth Gover-
Governor's nor's conference on State, County and Municipal Re-
conference lations to be held at the University of Massachusetts
on June 19th and June 20th.
Mrs. Morey reported that Miss Harrington would
Sign like to have the. No Parking sign on Clarke Street
removal moved to enable her to get into her garage easier.
The Board had no objection.
The meeting adjourned at 11:00 P.M.
A true record, Attest:
�"xec ive erk, Select, ".j
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