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HomeMy WebLinkAbout1955-10-24-BOS-min 205 SELECTMEN'S MEETING October 214, 1955 A regular meeting of the Board of Seledtmen was held in the Selectmen' s Room, Town Office Building, on Monday, October 24, 1955 at 7:30 P.M. Chairman Bateman, Messrs. Gay, Reed, James and Maloney were present. The Clerk was also present. Mr. James J. Carroll, Town Clerk, met with the Juror Board for the drawing of one juror. Mr. John Massa- novich, salesman, 30 Hancock Street, was drawn for jury duty. Mr. Carroll retired. Consideration was given to the Civil Service list of officers eligible for promotion to the posi- Appoint tion of Sergeant in the Police Department and upon Sergeants motion of Mr. James, seconded by Mr. Reed, it was un- animously voted to appoint the following Sergeants, effective as of last Friday, October 21, 1955: William G. Dooley, Maurice E. Woodward and Paul E. Furdon. Notice was received from the Middlesex County Association Selectmen' s Association re Annual Meeting to be held Meeting at the Sherwood Country Club, Natick on Wednesday evening, November 9th; social hour 6:15 P.M. and dinner 7:00 P.M. Notice was received re )19th Fighter Intercepter Squadron which will be at Hanscom Field Thursday, October 27th at 8:00 P.M. At 7:45 P.M. Chief Rycroft, Lieutenant Corr, Mr. Sergeants and Mrs. William G. Dooley, Mr. and Mrs. Maurice E. Woodward and Mr. and Mrs. Paul E. Furdon met with the Board. The Chairman explained that the Board voted this evening to appoint these three men as Sergeants of the Police Department. He stated that the appointment of three more Sergeants is a very important occasion in the life of Lexington because there will be three more men on the executive staff of the Police Department with ideas. He said that he knew the Chief would be glad to have their help. He stated that the men passed very high in their examinations and know that law and regu- latory standards are very important. However, there are other things just as important. He said that to his mind of much more importance is tact, patience, poise, 206 discretion and all of those things which go to make up how a man acts. He stated that the new Sergeants have those qualities or they would not have been ap- pointed. He explained that their job is to help the other men to whom they will be models. What the Sergeants do will determine what the Department will do and there is better than average type of man in the De- partment. The Chairman said that this Board is as much in- terested in the Department as any Board ever has been; interested in the equipment and manpower and would like to help the Department more if possible. He explained that there are now seven officers and the Board would like to arrange meetings of the executive staff that is the Chief, Lieutenants and Sergeants. Tbese would be only occasional meetings with no particular agenda prepared but an opportunity for the men to come in with ideas, suggestions and improvements which will perhaps be a benefit to the Town. The three Sergeants signed the Civil Service form, the Chairman pinned on their badges, pictures were taken and the group retired. At 8:05 Mr. Presho, 116 Pleasant Street, met with the Board. Mr. Burns, Supt. of Public Works and Mr. Presho Stevens, Town Counsel, also arrived at the meeting. complaint re Mr. Presho explained his purpose for requesting brook an appointment with the Board was because of the brook running through his land. He said that the town has drainage rights but it is causing him a hardship in- asmuch as he had four and one half feet of water in his cellar. He said that he noticed a culvert which is filled with debris which be believes is causing the brook to rise too quickly which results in the flooding of his cellar. The Chairman said that the Board would look into cleaning the culvert, but insofar as the flooding is concerned, there is nothing the town can do. Mr. Presho stated that the culvert that comes from across the turnpike drains into the brook. The Chairman asked if Mr. Fresho had a water- proofed cellar and he replied in the negative. He said that this condition started last year. The Chairman said that the Board could look at the drain but the land is low and not much can be done. Mr. Reed said that he thought this was a State problem and the town cannot touch any one of those culverts. Mr. Presho said that the State referred him to the town and Mr. Reed said that the Board could discuss 207 the problem with the State but cannot do anything to the culvert, Mr. Burns said that cleaning the brook will pro- bably improve it to the extent that the water will get away faster and he could contact the State but would not guarantee what the results would be. Be said he could not do anything under the highway. Mr. Presho retired at 8:15 P.M. Mr. Stevens reported that he took confirmatory Extension of deed from George Smith today and it is now on record. time parking He presented an Extension of Purchase and Sale Agree- area property ment extending the time with Mahoney and Matheson and the Lexington Savings Bank which the Board signed and returned to him. Upon motion duly made and seconded, it was voted to sign a Purchase and Sale Agreement between the Town Franklin and Henning W. Swenson for the purpose of acquiring a School land parcel of land adjacent to the Franklin School lot; authority having been voted at the Annual March Meeting, 1955, under Article 31. All copies of the agreement were taken by Mr. Stevens. Mr. Burns referred to the bids opened October 17th, Contract No. 5, Worthen Road, and stated that they were above the appropriation. He said he would like to deduct units from the unit price contract. Mr. Stevens said he would like to check on the subject before giving an opinion. Mr. Burns explained that by omitting the curbing and using money available from drainage funds it will lower the project to about $147,000. Upon motion of Mp. Gay, seconded by Mr. Reed, it was voted to sign deed prepared by Town Counsel con- Tax title veying tax title lots 1414 and 145 Tarbell Avenue to property Louis G. & Helen C a' ota. Mr. Stevens retired. The Chairman reported that Mrs. Hartery had made an appointment for this evening to discuss traffic Traffic Maria conditions in the Maria Hastings School area. He Hastings telephoned her and explained that the Board i.s study- School ing the situation and it would not be necessary for her to meet with the Board. However, Mr. Hartery and three other men are now waiting o4tside to meet with the Board. Mr. Hartery said he could appreciate steps are being taken but the people in this area are antici- 208 rai pating what will happen to the children going- to and from school when the snow is plowed to the side of the streets. He said that the sidewalks are not plowed and the children will just have to walk in the street. Mr. R. K. Johnson referred to Marrett Road and said that there ere no sidewalks most of the way. The Chairman explained that Marrett Road is a State highway and Mr. Johnson said that the people cannot put any pressure on the State but the Town can. Sidewalks Mr. Hartery said that there is a sidewalk under Maria Hastings construction on School Street but it is not completed. School Mr. Burns explained that the so-called sidewalk there now is to give the children some place to walk off the street, but he cannot do anything on the State highway. He said as far as plowing is concerndd, School Street will be plowed and if he does or does cot have permission he' wil go down that side of Cary Avenue but he cannot construct a sidewalk without permission. Mr. Hartery said that he felt between the Select- men and the School Committee more might be accomplished than otherwise. The Chairman explained that the Supt. of Public Works and the Chief of Police have been in the area every day and are aware of the situation. Mr. Burns stated that all he can do is to try to get some temporary relief and he does not know that the State will do. The group retired at 9r00 P.M. Mr. Harvey Newgent met with the Board and said that he has a letter requesting the Board of Selectmen Depot Square to present action to the Town Meeting requesting that Zoning the depot square area be put unto a business area rather than keeping it residential. Mr. Reed explained that if the Board did make any decision, it would be referred to the Planning Board to present to Town Meeting. If, however, the Board of Selectmen and the Planning Board are not in favor of inserting an article, Mr. Newgent could request that it be inserted under the signatures of ten registered voters. Mr. Newgent said that on July 13th he wrote to Mr. Crerie in regard to the gravel pit on North Street and since that time the subjeaet has been tossed around. He said that there is an interested buyer who wants to pur- chase a lot of land over there. Mr. Reed said that the Recreation Committee recom- mends acquiring the pit but it would definitely have to be acted on by Town Meeting. 209 The Chairman explained that the flowage rights the Town has would make it unwise for anyone to build there. Mr. Newgent said he was aware of that and after the last hurricane it was checked and by noon the next day there was three inches differential in the water and there never has been any need for the flowage rights. He said that Dr. Shannon and Rupert Stevens claim to have lost 250 yards: of gravel and they want $7,000 for the property. He suggested giving them two years to take Newgent re: the gravel out which will then make the property in North St. good condition for recreational purposes, release the gravel pit injunction on the condition that they deed the land to the town. He said they would be willing to fence in the area. The Chairman said that if this is in litigation and the Board of Appeals has the right to whether they can remove gravel or not, it is a mixed up problem. He explained that they would have to go to the Board of Appeals to obtain permission to remove the gravel. Mr. Reed explained that it was the Board of Appeals who stopped them and not the Board of Selectmen. The Chairman asked if the town wanted the land for recreation and Mr. Newgent replied in the affirma- tive. Mr. Reed said that the answer to that could be decided only by Town Meeting. The Chairman stated that before the property can be used for recreation or anything else considerable expense will be involved. He said that no matter how hot and dry it was last summer the water in the pit was still there and it cannot be used until it is filled with gravel, and suggested that the subject be brought up at the annual Town Meeting. Mr. Newgent said he couldn't do that and Mr. Reed explained that if the Recreation Committee and the Planning Board recommend acquiring the property for recreational purposes they will present it to Town Meeting. Mr. Newgent said he was hoping Town Counsel would go along with this. Mr. Reed said that it should be determined whether or not the Town wants the land and the subject has not been tossed around, There Just has not been a Town Meeting since it was brought up. Mr. Newgent said that Murray Dearborn wrote him a letter re the Town of Lexington and Frissore who is trying to purchase some tax title property. He said that Frissore agreed with the understanding that the sewer was expected in the area within one year. Now he finds that the sewer is from three to five years away and this puts a different light on the situation. cn 210 Mr. Frissore wants the Board to delete the clause regarding the sewer. He will install septic tanks in front of- the houses or Will purchase the lots at a lower price and hold them until the sewer is put in. The Chairman said that the Board found out how Frissore tax much had been paid for lots in that area and felt title offer that the lots were worth at least whet a developer would pay. He explained that there were seven build- ing lots so the Board said seven lots would. be *7700. An estimate was made of what the taxes would be for two years, the cost of land courting deducted and arrived at the figure just under 0,000. He skid the Board felt the lots were worth $5,000 and there was no misinformation. Mr. Reed explained that the Board did not want to sell the lots and the waiting period was the deal Mr. Frissore made. He said the Board does not want to sell tax title property until the sewer is put in and that is the reason for the agreement. g t. Mr. Maloney said he mentioned that the trunk line would be in within ay ear and it would beafter that the laterals would beput in. He stated thatit was Mr. Frissore's suggestion to purchase the lots to protect himself because he owned the lots on the other side of the street. He felt that putting in water would enable anyone purchasing these lots to tie into the main..he installed. Mr. Reed suggested that Mr. Frissore make an appointment to meet with the Board and discuss the subject himself. Mr. Newgent retired at 9:25 P.M. f Bertwell Road Mr. George Wemyss, and others, met with the Board. in regard to the construction of Bertwell Road. The Chairman said that Mr. Wemyss had requested a hearing and the Board would let him open the discus- sion. Mr. Wemyss, 75 Bertwell Road, Mr. chase, 60 Bertwell Road, Mr. Mullen, 69 Bertwell Road, Mr. Taft, 61 Bertwell Road and Mr. Hart, 65 Bertwell Road en- tered into the discussion. Mr. Burns explained that when a taking is made the Town acquires the property frem the property line on one side to the property line on the other side. Where the road is put or,graded is a matter for the Town to decide. Any owner feeling aggrieved can file a claim for damages within one year from the date of entry, but usually the problems are solved without legal action. He explained that there is con- siderable work to be done on the shoulders and the street is merely ready for the pavement. Chairman: You people asked for the hearing. We will II let you take over. Weymss: We have asked for this hearing to get a couple of points clarified. We are not hear to talke about any personality. We would like to know why, when originally staked out for removal it was approximately 3 feet in depth of frontal property not removed from 61-67 Bertwell Road known as Hart and Taft property and why did a i town employee move stakes about 32" from the Taft property to the roadway to conform to the manner in which the road bed had been excavated. We maaiirr,,� if theit t and Taft properties are not cre$ t � itional width of three feet safet ac{or re �(nvolved; one lack of space for snow removal. During the winter this would cause a serious hazard when the snow is attempted to be pushed on that side it will fall back on the road and create an ice problem. The lack of of space to the side of the roadway may be a hazard for children. Many children live on the street and we knew when we asked for it that traffic would be heavier. Having no room to the side of the road bed at those two pro- perties, and being in the proximity of the hill, it will make it unsafe. You have nowhere to move off the road in that spot. If a car stopsII fast coming over that hill all you have is a stonewall to smack into. The fire hydrant near those two properties is at present buried in the side of the hill and if not totally useless is almost useless. I understand there have been complaints in the past about it. It is my * personal understanding that the hydrant is sup- posed to be near the road bed. Due to not cutting the property in question it still remains a dis- tance from the road bed. You have a very definite conform at all to the curve oto which will not the plan. We believe that the other property owners are entitled to its removal for the reasons I have mentioned. Taft: I would like to correct one thing. There is another house involved and that is Bob Deans which was only raken back to the edge of the pave- ment. Chase: Not to contradict anyone, it would be my opinion that the base lines in question are well lined up but the slopes is what differs considerably. II 2. Mullen: When they start to go up the hill from my property they create a banking. Everything they have done is perfect up to my house. The width of the road is all right but the left- hand side of the road going up there is no apron which there should have been, Chase: That portion, the bank at the base now has a nearly vertical cut of soil bank which is left from where it was cut off to make room for the pavement. It will mean a re-grading of the banking or a small retaining wall. Hart : My story about the embankment . I think it is too far out coming out of the driveway. The children can't dale serea./ If more did come off it - would • uuch b'ti*err Chairman: I will ask that Mr. Burns speak for the Board of Selectmen. James: Why don't you explain how a street is laid out, how the land is acquired and the rights after it is laid out. Burns: When a taking is made the town acquires the pro- perty from the property line on one side to the property line on the other side . .1 211 He stated that he cannot explain what one indi- vidual workman will do and when Mrs. Dean called he ordered the shovel taken out but that did not inter- fere with the work on the road. He explained that, starting from where there Ls no cut, there will be a three foot shoulder back to where it runs out again. He said that there will be a three foot shoulder there before the grading starts. Mr. Burns referred to a statement made that the stakes were moved and he explained that the workman was not a town employee and the foreman always sets the stakes where he is working and they will be found in and out of the street. He stated that the hydrant is merely a detail and is not on the edge of the pavement but is back three or four feet. Mr. Burns said that the town does not usually put in retaining walls because of the expense, and the town maintains the elopes until the grass catches. The group retired at 9:50 P.M. The Chairman reported on the interviews he, Mr. Reed and Mr. Maloney had with the Town Manager in Brunswick, Maine and also the City Manager in Port- Superintend- land relative to Mr. Gayer, applicant for the posi- tion ent of tion of Superintendent of Public Works and Town En- Public Works gineer. The Chairman put a call through for Mr. Gayer and reported to the Board that he would accept the position if appointed at a salary of $8500 per year. Upon motion of Mr. Gay, seconded by Mr. Reed, it was unanimously voted to appoint Richard J. Gayer, 17 Wheeler Park, Brunswick, Maine to the position at' Superintendent of Public Works and Town Engineer at a salary of $8500 per year. (Mr. Burns asked to be relieved of his duties in September. ) It was agreed to allow Mr. Gayer time to make necessary preparations in regard to his present posi- tion and ask that he assume his duties in Lexington not later than December 1st. It was further agreed to advise him that the Board would have no objection to his making a few trips to Brunswick to assist the department which he is leaving. The meeting adjourned at 10:35 P.M. A true record, Attest: filer ,' Sect en