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HomeMy WebLinkAbout1956-01-23-BOS-min 300 SELECTMEN'S MEETING 1 January 23, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, January 23, 1956 at 7:30 P.M. Chairman Bateman, Messrs. Gay, Reed, James and Maloney were present. Mr. Gayer, Superintaadent of Public Works, and the Clerk were also present. Juror Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of one juror. Mr. William 0. Rees, 16 Lexington Avenue, General Manager, was drawn for jury duty. Mr. Carroll retired. Hearing was declared open upon petition of the Boston Edison Company for approval of pole locations Pole on Walnut Street. locations Mr. Mahon, representing the petitioner and Mr. William G. Potter, were present at the hearing. Mr. Potter stated that he had no objections and would be pleased to have the proposedrlocations ap- proved. Mr. Mahon explained that the request is for an auxiliary service to the Middlesex County Hospital. At present the Company has a service coming in from the Waltham end, but in order to serve this particu- lar power house with an auxiliary service they plan to come in on another circuit from Concord Ave. Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to grant the petition and sign the order for the following pole locations: Walnut Street, southeasterly side, northeasterly from a point approxi- mately 700 feet northeast of Waltham- Lexington line, -- five poles. Mr. Mahon retired at 7:40 P.M. Mr. Potter said that he would like to discuss the Cemetery Department Personal Services budget, and men- tioned that the Superintendent of Cemeteries is also Veterans' Agent. He explained that the Commissioners are requesting an increase in his salary and thought the Selectmen should be so informed. Mr. Gay asked if an increase would change the situation and Mx. Potter replied that the law limiting 301 his earnings in connection to benefits is no longer in effect. Mr. Reed said that insofar as he knew the Select- men had no thoughts of increasing his salary as Vet- erans' Agent. Mr. Potter stated that the budget has been pre- Budgets pared on the basis of the same labor scale used last year, but if the Selectmen are going to recommend in- creases in the hourly rates, the Commissioners would like to know so that they can correct the figures sub- mitted. Mr. Reed said that he thought the Board would ar- rive at a decision this evening. He asked if the Com- missioners were paying the same rates as the Public Works Department and Mr. Potter replied in the affirma- tive. The Chairman said that he could give Mr. Potter an answer tomorrow. Mr. Potter said that the Cemetery budget had an article for the warrant to purchase a new lawn mower at a cost of $900. Mr. Reed explained that the Selectmen were of the opinion that inasmuch as this item is a replacement it should be included in the department' s expenses and IInot covered by a separate article. He stated that this policy has been followed for two or three years upon the recommendation of the Appropriation Committee. Mr. Potter said that he had no objection and re- tired at 7:43 P.M. Hearing was declared open upon application of Sup+ t. John Blackhall Smith for permission to maintain one underground tank for the storage of 275 gallons of gasoline at the Fiske School. Gasoline Mr. John Westerbeke, Quincy, representing Mr. hearing Danforth of the Watertown electric and Mr. Smith were present at the hearing. Mr. Westerbeke explained that the company is installing a generator at the Fiske School and the project included installation of a gasoline tank which they did. He stated that he obtained approval from Chief Cook. When they wanted to run a trial test Deputy Chief Belcastro disapproved the installation, and they were forced to change the location of the tank and go through the process of a hearing. Deputy Chief Belcastro said that it did not conform to State laws as it was too close to the building. He said that as far as the law reads, Deputy Chief Belcastro was right and there was no question about it. Mr. Maloney said that they did not have a permit to install the tank in the first place and Mr. Westerbeke fl09 c agreed. 1 Mr. Maloney explained that the Fire Department has no right to install a gasoline tank or issue a permit. The Chairman asked if arrangements 'had been made with Deputy Chief Belcastro and Mr. Westerbeke replied that he would tell them where to locate the tank and that is where it will be placed. Mr. Smith explained that the School Department has never requested the permit in any of the installa- tions. The definite understanding has been that the cpntractor would secure them. He explained that he signed the application in question about two weeks ago to expedite things. Messrs. Westerbeke and Smith retired at 7:55 P.M. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the permit, subject to the Chairman contacting Deputy Chief Belcastro to make certain that all requirements have been met. Application was received from -the Boston Edison Company and the New England Telephone & Telegraph Com- Pole pany for permission to relocate one pole on Bedford location Street. The proposed relocation was approved by Mr. Gayer. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to grant the petition and sign the order for the following pole relocation: Bedford Street, southeasterly side, approximately 595 feet southeast of Tewksbury Street, -- One pole. (One existing JO pole to be removed) Letter was received from the State Department of Chapter 90 Public Works advising that tentative allotment for 1956 Chapter 90 work is as follows: Concord Avenue $100000 $5,000 $5,000 Maintenance 1,000 1,000 1,000 The Chairman read a letter from the Building In- Repairs to 10 spector reporting on an investigation made of the Westminster property- at 10 Westminster Avenue. No structural Ave. house repairs were found necessary but the exterior needs a coat of paint and the interior needs complete re- decorating. Mr. Irwin reported that the occupant, Mr. Head, had shut the water off at the meter as there is a leak in the main supply line in the basement and 503 he is carrying his water supply from a neighbor' s house. The Board was of the opinion that the property should be given some attention and the water situation cor- rected, but it was not determined from what account the funds would be paid. The Chairman agreed to investi- gate the subject further. Mr. Stevens, Town Counsel, arrived at the meeting at 8:00 P.M. The Chairman read a letter from the Planning Board advising of approval of proposed acceptance of, streets Streets for to be constructed under the Betterment Act is but only acceptanc0 of Mill Brook Road and Fiske Road which are not to be disapproved constructed under the Betterment Act. by Planning The Planning Board has not received conveyance to Board the town of easements in lots into which or from which drains and sewers flow in relation to Locke Lane, Red Coat Lane, Flintlock Road, Westwood Road and Whipple Road. Until the property owners grant the necessary easements, the Planning Board disapproves acceptance of those streets. Mr. Stevens advised that before the streets are accepted the Town should have whatever drainage rights are, needed. Until the streets are accepted as town ways, the town is not responsible for drainage. The Clerk was instructed to send a copy of the letter to Town Counsel, together with a list of the streets to be submitted to Town Meeting for acceptance. Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to sign an agreement, prepared by Town Counsel, between the Burlington Water District and the Town of Lexington as follows: Agreement Agreement made this 27th day of December, 1955 between the Burlington Mater District, a body corpor- ate established by Chapter 635 of the Acts of 1949 of the General Court of the Commonwealth of Massa- chusetts, acting by its Board of Water Commissioners, hereinafter called the "District", and the Town of Lexington, a municipal corporation in Middlesex County, Massachusetts, acting by its Board of Selectmen, here- inafter called the "Town"; both of said Boards acting pursuant to the authority conferred upon them by Chap- ter 511 of the Acts of 1955 of said General Court and by every other power them hereto in any way enabling. In consideration of $1.00, each to the other in hand paid, receipt whereof is hereby acknowledged, and of the agreements herein contained, the parties hereto agree as follows: 304 a 1. The Town agrees to extend its water main in North Street, Lexington to the Lexington - Burlington town line and to sell and deliver water at said town line to the District at the regular residential rates established, and to be established, by the Town from time to time and in effect at the time of delivery of water to the District; said water to be used for the fol- lowing limited purposes only: a. For domestic use in the twelve residences that now exist on Muller Road in Burlington. b. For commercial use in the present John E. Allen & Co. , Inc. building on said Muller Road. 2. The District agrees: a. To pay the Town as a connection charge an amount equal to the full cost of the construction by said Town of the aforesaid extension of its water main to the Lexington - Burlington town line and to make said payment promptly upon receipt of a certi- ficate from the Superintendent of Public Works of the Town certifying that the construction has been completed and setting forth the full cost thereof. b. To install and maintain in proper and ef- ficient working order and condition a meter, of a type approved by the Superintendent of Public Works of Lexington, at a location to be agreed upon by the parties at or near the point of connection be- tween the water main of the Town and the water main of the District, said meter to be inspected by the District at least semi-annually, and to pay the Town of Lexington for water delivered by said Town at the aforesaid residential rates of the Town; the bills to be rendered quarterly or semi-annually as the Town may determine. c. That the Town shall be under no liability to the District or to any person or corporation if at any time it is unable to or fails, through break- down in the water system of the Metropolitan District Commission or of the Town or for any reason whatso- ever, to deliver water to the District. 3. It is mutually understood that this agreement may be terminated by the District by written notice to the Superintendent of Public Works of the Town of Lexington at such time as the District connects its main in Muller Road to its distribution system, subject, however, to payment by the District to the Town of all obligations incurred hereunder to the date of receipt of the said notice of termination. IN WITNESS WHEREOF the parties have hereto set their hands and seals, each at least by a majority of its Board, , who, however, incur no personal liability by reason of the 305 execution hereof or anything herein contained, in trip- licate, as of the day and year first above written. BURLINGTON WATER DISTRICT. by Douglas J. Hyde Horace B. Skelton Approved as to form: Thomas J. Mohan Majority of its Board of Jack J. Moss Water Commissioners Counsill for Burlington Water District TOWN OF LEXINGTON bT Leon W. Bateman Haskell W. Reed Raymond W. James William E. Maloney Approved as to form: Majority of the Board of Harold E. Stevens Selectmen Town Counsel of Lexington Mr. Stevens reported that on January 8, 1956, a one and a half ton t ruck was engaged in sanding opera- Damage to tions, backing up a hill. Part way up there was a car Police parked sideways in the road. The sand truck stopped, Cruiser swerved sideways and hit the left side of the parked car which was a police cruiser; with no one in it. The estimated cost of repairs is $1114.75. Mr. Gayer brought up the question2.of the account to which the cost of repairs should be charged and it was agreed to charge the expense to Snow Removal. Mr. Stevens retired at 8:40 P.M. The Board discussed Public Works budgets with Mr. Public Works Gayer until 9:45 P.M. at which time he retited. budgets The Chairman read a letter from Mrs. Chester Cook, Lexington Field and Garden club, requesting approval Plaque for of a plaque to be placed on a stone located in Emery Emery Park Park. Mr. Edwin B. Worthen is working with the Club on the project. 306 The Board had no objection but instructed the Chairman to request Mrs. Cook to advise the Board what the inscription will be before final arrange- ments are made. Warrant was received from the County Commis- Mdsx. Cty, sioners advising that the amount which the Town of San. Lexington is to pay for the maintenance, operation Warrant and repair of the Middlesex County Sanatorium for the year 1955 is $21,842.57, payable on or before April 1, 1956. Insurance Letter was received from John F. MacNeil re his proposal whereby the town can consolidate all of its fire insurance under one policy, have numerous other benefits, plus a reduction in cost. No action was taken. Appointments Letter was received from the Town Celebrations Committee recommending the appointment of Mrs. Gordon Robinson, Mrs. Gerald B. Litchfield and Mrs. Arthur Bernier to fill vacancies in the committee caused by resignations. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to appoint Mrs. Robinson, Mrs. Litchfield and Mrs. Bernier to the TownCelebrations Committee. A news bulletin was received from the State Council for Council for the Agirg requesting establishment of Aging local councils and appointments to same. No action was taken. Invitation Invitation was received to attend Governor Herter's reception on February 22, 1956. Licenses Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to grant the following licenses: Countryside Market 315 Woburn St. Sunday Sales Anthony Ferriera 249 Marrett Rd. Peddler William DeFelice 80 Westview St. Lexington Theatre 1794 Mass. Ave. Sunday Movies Letter was received from John A. Collins, 36 Tax title Tower Road advising that he is interested in secur- property ing a parcel of land that abuts his property. In 1955 the Board refused an offer received from one Davis S. Goldfine inasmuch as there is a drainage problem involved. It was still the opinion of the Board that It would be in the best interest of the Town not to I __ 307 dispose of the property. The Chairman agreed to contact Mr. Collins. The Board of Selectmen will meet next Monday even- ing, January 30th at 7:30 P.M. for an advertised conduit location in Maple Street and at 7:40 P.M. for an ad- vertised gasoline hearing upon application Of the Sun Oil Company. The next regular meeting of the Board is to be held on Tuesday, January 31, 1956 at 7:30 P.M. due to the fact that the Board would like to attend• a special meeting of the Lexington Rotary Club on Monday, Janu- ary 30th. The meeting adjourned at 10:05 P.M. A true record, Attest: C'art; Se ectm