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HomeMy WebLinkAbout1955-09-12-BOS-min 162 SELECTMEN'S MEETING September 12, 1955 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building on Monday, September 12, 1955 at 7:00 P.M. Chairman Bateman, Messrs. Reed, Gay and James were present. Mr. Burns, Superintendent of Public Works, and the Clerk were also present. Hearing was declared open upon petition of Boston Pole Edison Company and the New England Telephone and Tele- locations graph Company for permission to locate seven poles in Winchester Drive. Mr. Mahon, representing the Boston Edison Company was the only person present at the hearing. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the petition and sign the order for the following j/o pole locations: Winchester Drive, northerly side, easterly from a point approximately 30 feet east of Fiske Road. -- Seven poles. Petition for j/o pole location on Hill Street was held over from the last meeting. Pole Mr. Mahon explained that this is strictly a book- location keeping action and is merely rescinding the previous application. Upon motion of M . Reed, seconded by Mr. Gay, it was voted to approve petition and sign the order for the following j/o pole location: Hill Street, easterly side, approxi- mately 5 feet north of Diana Lane, -- One pole. ( One existing j/o pole to be removed. ) Mr. Mahon reported that Mr. Moretti is seeking Pole service to a new home on Rindge Avenue, a private way, location and the Boston Edison Company wants to extend its ex- isting line by Town property. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the Boston Edison Company and the New England Telephone Company permission to maintain three poles on Rindge Avenue. Mr. Mahon retired at 7:25 P.M. 163 The Chairman read a letter from the Planning Board advising that as part of an overall comprehen- Tax title sive plan the Board now has in preparation a long- property range park and recreation plan which will include recommendations for the acquisition of land for ad- ditional recreational facilities. Some of the recom- mendations may include tax title and other Town owned property. The Planning Board recommends that before the Selectmen approve the sale of town land, the Plann- ing Board be given an opportunity to make recommenda- tions for the retention of such land. Mr. James suggested that the Planning Board be requested to present a plan of the areas which they believe to be desirable for recreational purposes. If the Town has tax title property in these particular locations, the Board of Selectmen can contact the Planning Board before disposing of them. Mr. Reed suggested that the Planning Board be advised that most of the tax title property which the Selectmen have been selling has been individual lots where there would not be sufficient land for park or playground purposes. Mr. Burns retired and Mr. Donald Irwin met with the Board. The Chairman referred to a discussion of last Building Wednesday that he had with Mr. Irwin and said he Inspector thought Mr. Irwin should tell the Board what was discussed and whether or not he wants the position of Building In- spector. He said that the Board has not arrived at any decision but wanted to confer with Mr. Irwin before tak- ing any action. Mr. Reed said that the Board has not considered anyone else. Mr. James asked if Mr. Irwin had any trouble with zoning violations and he replied that those are the headaches. He said the Building By-law is not too dif- ficult and the builders, particularly the local men, know what to expect and there is no trouble. Occasion- ally a builder from up country will come in and he doesntt know or is not interested in finding out about the Building By-law. He said that nine times out of ten it is the Zoning By-law that is questioned. Mr. Gay asked why the Zoning laws were trouble- some if they are defined. Mr. Irwin replied that the Inspector seldom has an opportunity to explain the law until after the work has been done. Mr. James said that some time in the future the town is going to have some industrial buildings and the 16.4 . c.� Inspector will be required to issue a building permit and do the inspections. He said some of the building may involve complicated processing and asked how Mr. Irwin would handle it to protect the town. Mr. Irwin said that he would not be capable of making a decision, and the first step would be to get in touch with Town Counsel and ask for an interpreta- tion of the law. He said if a chemical or plastics busi-t ness is involved, the Selectmen could extend the period of time over the required ten days which would give him an opportunity to inviestigate. Mr. Irwin referred to the Grey Nunst but.lding and said that in instances such as this he would not be capable. The State has a form which the engineers on the job are required to sign stating that in their op- inion the structure will comply with all local and State building codes and the stress and strain will take care of the building. That takes all the res- ponsibility off the Town. He explained that the Town is not liable for a mistake made by the Building In- spector who acts for the Town but also acts aa an in- dividual. He said that he has checked this with Town Counsel. Mr. James asked what Mr. Irwin would do about issuing an occupancy permit if the structural part of a factory was cleared up but he was not familiar with the processing of whatever was going on. Mr. Irwin replied that before the building was that far along he would want to make sure what was going in it and unless he was sure it was permissable he would mention it long before and clear it up as far as he could at that time. He said the method may have changed from the time the building was constructed and the time it was occupied and he would then be faced with the problem of acting after the operation was started. Mr. James said that .such a situation might re- quire obtaining advice from an outside expert. Mr. Irwin said that if something came in that looked questionable the Building Inspector should re- quest the. Selectmen for a ten-day extension. In the meantime, the Inspector could go over the plans and also make an investigation of the processes. Then he could issue the permit with the understanding that the business as represented was acceptable to the Town. Mr. Irwin said that he would not be interested i in the position for anything less than he is receiving now. He stated that he has been trying to operate his own business, but it cannot be done. He said that he does not think the Inspector should operate in the Town as it makes an undesirable impression. He said that in order to pay an Inspector for not doing business where 165 he is established the Town would have to pay something close to what he would be getting; in his particular case $100 would be enough. Mr. Irwin stated that if he were appointed Build- ing Inspector he intends to have a business outside of the Town of Lexington and he does not expect to di- vorce himself from building entirely. He explained that this is a yearly appointment and a change of per- sonnel may mean a change of Inspector. He said his business would not have to be the proportion he was doing before, but it would be enough to keep him ac- tive and if a change were necessary, he could step from one to the other. Mr. Irwin Iaised the question of car allowance and said that the present arrangement does not allow enough for either the Plumbing or Building Inspector. He es- timated it runs between 800 and 900 miles per month in the peak season and possibly 400 or 500 miles for the Plumbing Inspector. He recommended $54 per month, the amount Mr. Lindstrom received,,for the Building, Inspec- tor and $36 per month for the Plumbing Inspector, about $700 per year. Mr. Irwin said the present set-up of the depart- ment is another item he would like to discuss. The Inspectors are appointed by the Board but the clerical help is appointed through the Public Works Department. Right now everyone seems to be satisfied. He said that the Building Department could operate with one full-time girl. As it is now, he has Mrs. MacDonald who also works for the Board of Health. He suggested one girl taking care of the Building, Plumbing and Wiring Departments. He said that if the clerical help was under one head, they would realize what they had to do and what their responsibilities are. He also recommended one indivi- dual as head of the Department. At the present time, unless the Inspectors make an appointment to see each other, they may not come in contact for a week. The Chairman asked if Mr. Irwin thought there was any feeling from other contractors about him building in Town and he replied that he has heard a couple of complaints and he thought they might be justified. The Chairman asked if Mr. Irwin inspected his own work and he replied in the negative. He explained that Mr. MacKay from Arlington inspects his work. Mr. MacKay would rather have Mr. Irwin cover for him when he is away than to be paid for inspecting Mr. Irwin' s work. The Chairman asked if it were the feeling of the Board that Mr. Irwin, if appointed, should not build in Lexington. Mr. James replied that he does not feel that way. 1(36 Mr. Reed said that he would leave it to Mr. Irwin' s discretion, and would not want to stipulate that it is one of the requirements of the position that he would not be permitted to build in Lexington. Mr. Burns returned to the meeting with Mr. Stevens, Town Counsel at 8:00 P.M. The Chairman said that he wanted to discuss the Junk Meadows ' and Fields' junk yard. He reported that Mrs. yard Russell came into his store and he asked if the condition was as bad as she claimed and she said it was terrible. The Chairman told her to call him the next time there was a fire there which she did. He went down and Meadows had a permit to burn in the back yard which the Fire Department says it must give him if there is no danger. The Chairman stated that he told both men they would have to stop burn- ing. Mr. Meadows told him he has been there for twenty years and unless he can continue will have to apply for welfare. Mr. Stevens explained that this was a problem for the Building Inspector and read the procedure to be fol- lowed. Mr. Irwin retired at 8:25 P.M. Upon motion of Mr . Reed, seconded by Mr. Gay, it Contract was voted to sign contract #3 between the Town of Lex- #3 ington and George Brox, Inc. for street and drain work. (All copies taken by Town Counsel. ) Order of Upon motion of Mr. Reed, seconded by Mr. Gay, it Taking was voted to sign an Order of Taking of land to be used Parking for off-street parking as follows: Area COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Lexington, Massachusetts At a meeting of the Board of Selectmen of the Town of Lexington held on the 12th day of September, 1955, it is ORDERED: Whereas at a Town Meeting duly called, warned and held on June 20, 1955, in accordance with the provisions of law applicable thereto the following vote was duly adopted by more than a two-thirds majority, to wit: "VOTED: That the Selectmen be and hereby are author- ized on behalf of the Town to acquire by purchase or by eminent domain or otherwise, or by lease not to exceed five years, land or interest therein situated northwesterly of Waltham Street, southwesterly of Massachusetts Avenue 167 111 and southeasterly of Muzzey Street, and being anyportion or portions or all of the paroelA numbered 1 to 5 in- clusive Waltham Street, 1752 to 1778 inclusive Massachusetts Avenue, and 6 to 16 inclusive Muzzey Street, and unnumbered parcels adjacent thereto, or any of them, for the purpose of establishing an off-street parking area with access thereto; and to appropriate for acquisition of the land the amount of $65,000 and provide for payment thereof by the transfer of 15,000 from the Parking Meter Account and by the issue of bonds or notes of the Town for the balance of $50,000; and to appropriate for the construction of the parking area the sum of $20,000 and provide for payment thereof by the issue of bonds or notes of the Town; and that the Treasurer with the approval of the Selectmen be and hereby is author- ized to borrow said sums totalling $70,000 and issue bonds or notes of the Town therefor, to be payable in accordance with the provisions of Chapter 114 of the General Laws, as amended, within a period not exceeding ten years.", and Whereas the Selectmen, have determined that it is nec- essary for public convenience to acquire for the purpose of an off-street parking area and facilities the parcel of land hereinafter described, which parcel of land is located not more than six hundred feet from a building in which the prin- cipal activity is business in character and Which building is in a business zone and is not more than six hundred feet from the nearest parking meter of any group of not less than 30 parking meters approved by the Massachusetts Department of Public Works. NOW, THEREFORE, we, the undersigned, being a majority of the Board of Selectmen of the said Town of Lexington duly elected, qualified and acting as such, do hereby, pursuant to said vote, and under and by virtue of the provisions of Section 22B of Chapter 40 of the General Laws and Chapter 79 of the General Laws, and all acts in amendment thereof and in addition thereto, and of any and every other power and authority us hereto in any way en- abling, take in fee for the purpose of an off-street park- ing area and facilities a certain parcel of land situated on and numbered 35 Waltham Street in said Lexington and bounded and described as follows: Commencing at the South- easterly corner of the land hereby taken on Waltham Street at land formerly of G. W. Robinson and later of Lewis Hunt, and running Northwesterly by said land and by land formerly of William Smith, one hundred ninety and 95/100 (190.95) feet to land formerly of Goodwin and later of Walcott; thence running Southwesterly by said land formerly of Goodwin and later of Walcott, fifty (50) feet and three (3) inches to land formerly of Porter and later of Spaulding; thence running Southeasterly by said land formerly of Porter and later of Spaulding, one hundred ninety-one and 30/100 1(38PC C (191.30) feet to Waltham Street; thence turning and running Northeasterly by said Waltham Street, fifty (50) feet and six (6) inches to the point of beginning; be all said measurements, more or less; and being the same premises described in the deed from Emma J. Clow to Herman B. MacKay and Margaret R. MacKay dated December 18, 1945 and recorded in Middlesex South District Registry of Deeds, Book 6921, Page 51)}. All trees upon said land and structures affixed there- to are included in the taking. We award the damages sustained by persons in their property by reason of the taking hereby made as follows: To Herman B. MacKay and Margaret R. MacKay, husband and wife, both of said Lexington, the sum of One Dollar ( 1.00) . In so awarding damages we have awarded them to the supposed owner of the land hereby taken as of the date hereof, but if the name of the owner of any interest in said land is not correctly stated it is to be understood that such interest is owned by an owner of owners unknown to us and in such case our award is made to the lawful owner or owners thereof. No betterments are to be assessed for the improvement for which the taking is being made. Witness our hands at Lexington aforesaid this 12th day of September, 1955. , Leon W. Bateman Haskell W. Reed Frederick M. Gay Raymond W. James Selectmen of Lexington COMMONWEALTH OF MASSACHUSETTS Middlesex, ss Lexin ton Massachusetts September 12, 1955 Then personally appeared the above named Leon W. Bateman, Frederic M. Gay, Raymond W. James and Haskell W. Reed, known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington, and severally acknowledge the foregoing instru*ent to be their free act and deed. Hazel J. Murray Notary Public My commission expires Nov. 29. 1957 169 Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to petition the County Commissioners of the Fottler County of Middlexex for authority to lay out a pub- Avenue ✓, lie way known as Fottler Avenue in said Lexington over tracks of the Boston and Maine Railroad, Lexington Branch, at grade therewith. Messrs. Stevens and Burns retired at 9:00 P.M. The following members of the Personnel Advisory Personnel Committee met with the Board: Chairman Emerson, Messrs. Advisory Hoyt, Day and Whipple. Committee The Chairman stated that the Board has had diffi- culty in finding another member for the Committee and asked if the members had any suggestions. Mr. Day asked if the Chairman meant for the Com- mittee to select a man azbject to the approval of the Board and the Chairman replied in the affirmative. The Chairman said he believed the Committee was asked to study the Library Department last year and Mr. Hoyt said that was correct but the Committee did not get to it. The Chairman said that if possible, the Board would like the Committee to finish the balance of the Departments this year, that is the Public Works, Police, Fire, Library and Welfare. Mr. Hoyt said t hat would be every department ex- clusive of the schools and Mr. James explained that the vote of Town Meeting excluded the schools. Mr. Gay said he would like the library taken up next so that the increases will be in the budget. Mr. Hoyt skid that the Board would not actually need the information until after the first of the year, say the middle of January. Mr. Reed said that he thought the Board should have a definite policy on sick leave for all employees. The group retired at 9:30 P.M. The following members of the School. Committee met with the Board: Chairman Wadsworth, Mrs. Marek and Mr. School Cromwell. Committee Mr. Wadsworth said they were coming 'back again to replacement consideration of a candidate to replace Mr. Coleaworthy. He said he would like to reiterate the fact this is a very important decision and the man put on at this time will unquestionably be elected at the March meeting and will be important because there will be three vacancies next March. The Committee, therefore, is anxious that 111 the person be of a caliber, experience and background which has been prevalent in the past. He said the dis- 170 CL cussion the other night, and he also heard, that the Board was interested in Vernon Page as one of the possibilities. He stated that, as a Committee, they are strongly opposed to him as they feel he does not have the qualifications nor is he the caliber of man the School Committee has had during the last ten or fifteen years. He said they would like a candidate with qualifica- tions, one particularly who would have Some ideas in the field of education and some background. He said the type of individual will make important policies and the maintenance problem, which he assumes is a small portion, but his qualifications in that direction are pretty limited, even to the plumbing end of it. He said the School Committee would like another candidate *ho would satisfy the Board and the Committee at the same time. That is the overall purpose of the meeting this evening. Mr. Gay said that he has not committed himself to anyone and he could see no reason why the Board should confine itself to those people who have been candidates. He said some consideration should be given to others as well. Mr. Cromwell asked if Mr. Gay had anyone in mind and he replied not at the present time. Mrs. Marek said that it Seems to her they should consider people who have Shown enough interest to run. If they could not agree that one of those people had the qualifications, which the combined group felt im- portant, then there would be the possibility of con- sidering someone who had sefved on the School Committee who could be of value this fall while they are working on budgets, but who would not be interested in running next March. That would bring in three new people in March. The other possibility is just to look the town over. Mr. James said that possibly some former member of the Aprropriation Committee would be of value. Mr. Wadsworth mentioned Mr. Donald Clark and Mr. James explained that this year he is the Chairman of the Appropriation Committee and the only one with any experience. Mr. Wadsworth said that if the town votes to put in Vernon Page, that would be all right but he would not want to be any part of putting him in. Mr. Cromwell said that the total maintenance appropriation this year is $22,000. If Mr. Page could save an important part of that, which he doubted, it would not count and the Committee would Tose out by not having spmeone qualified in a more important part of the School Committee work. 171 Mr. Wadsworth suggested doctors and dentists or the possibility of a woman. He said that there are certainly people in thefc©nstruotioii< business whe know a great deal about it and have other qualifications. He said that the town is full of people Who are high-grade and. well qualii fled, and mentioned Dr. Tarule and Dr. Hunt. Mr. James mentioned Mr. Ralph Tucker, a former mem- ber of the Appropriation Committee. The group retired at 10:00 P.M. The Chairman read a letter from John Blackhall Smith, Superintendent of Schools, re acquisition of land adjacent to the Franklin School lot and possible provisions for nonteaching personnel not members of the Contributory Fraiklin t Retirement System. School lot The Chairman was authorized to request Town Counsel to prepare the necessary instrument for Mr. Swenson to sign conveying a portion of his land adjacent to the Franklin School lot to the town in accordance with vote of Town Meeting. The Chairman was also authorized to advise Mr. Smith that the question of retirement is something over which Retirement the Selectmen have no control and comes under the juris- t diction. of the Board of Retirement; his request to be referred to that Board. The Chairman read a letter from Chief Rycroft Appointment requesting appointment of Dorothy W. Savet, 337 Woburn Street, as a traffic police woman, effective September 1, 1955. Upon motion duly made and seconded, it was voted to appoint Dorothy W. Savet, 337 Woburn Street, Lex- ington, a traffic police woman, effective as of Sep- tember 1, 1955. Upon motion of Mr. James, seconded by Mr. Reed, it was voted to write a letter to the Chief of Police Police instructing him to issue whatever orders that may be station necessary to prohibit all unauthorized individuals from entering the enclosed area of the Police Station, including the guard room, and further the Board would like every effort made to eliminate loitering within the station. Letters were received from Daniel O'Connor and Maurice A. Gagne advising that it will not be possible for them to accept appointments to the Town Celebrations Committee. Letter was received from Louis Rosendoria,59 Fottler I . 172 a Avenue, stating that his interest in lots 152 and Tax title 153 Theresa Avenue is not for building purposes. property He explained that these lots abut the rear of his home and he would like more space in back of the house. The, Clerk was instructed to send Mr. Rosendorn a copy of the letter from the Board dated April 18th and advise him that no reply had been received. Upon motion of Mr. Reed, seconded by Mr. Gay, it License was voted to sign a Sunday Movie License for the Lexington Theatre. Use of hall Application was received from the Lexington Lions Club requesting permission to conduct a Merchants ' Exhibit in Cary Memorial Hall on October 25, 26 and 27 from 6:30 P.M. until 10:30 P.M. Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to grant the use of the hall free of charge, providing no admission is to be charged and no goods offered for sale. Insurance The Clerk reported that Brewer & Lord has a can- celled check as evidence that the sum of e70.63 was paid to W. S. Cooledge Co. in, December, 1954. Mr. Gay reported last week that Mr. Cooledge had called in advising that his last commission was in 1953. The meeting adjourned at 10:35 P.M. A true record, Attest: Cler , Sa1ectnn.