Loading...
HomeMy WebLinkAbout1951-09-17-min SELECT ,lEN' S :;iEETING 569 September 17, 1951 A regular meeting of the Board of Select-' men was held in the Selectmen's Room, Town Office Building, on Monday evening, September 17, 1951, at 7 :00 P.M. Chairman Nickerson, Messrs. Emery, Gay, Driscoll and Hoyt were present. Mr. Burns, Sup't of Public Works, and the Clerk were also present. Mr. Burns presented the following data Hours of relative to hours and rates of pay in Public Public Works Departments in Towns comparable to Works Dept. Lexington. Town Unskilled Skilled Equip. Shovel Hr. Truck Oatcr •Norwood 1.47 1.505 1.705. 40 ( 1.20 ( 1.45 ( 1.58 Reading ( 1.31 ( 1.57 ( 1.66 40 ( 1.30 Stoneham 1.21 ( 1.37 1.50 40 ( 1.00 Wellesley ( 1.30 1.36 1.51 40 ( .95 ( 1.05 ( 1.15 II Needham ( 1.25 ( 1.35 ( 1.45 40 Watertown 1.25 1.30 1.35 40 a Belmont 1.20 1.26 1.42 40 Natick 1.15 1.20 1.24 1.37 40 Winchester 1.13 1.21 1.41 40 Lex. 44 1.27 1.385 1.625 1.54 Lex. 4 48 1.15 1.27 1.49 1.70 Mr. Driscoll said that he would like to see the hours dropped to 44 beginning the first of October. The Chairman asked how the Board could reduce the hours with next year a big ques- Hours of tion, and Mr. Driscoll replied that Lexington Public is so far out of line that it may come to Works Dept. I eight hours instead of four. Mr. Hoyt said that Lexington may be behind in hours but not in pay. Mr. Driscoll said that it was up to the II Board to make a decision but that he wished to be recorded as being in favor of reducing the hours to 44 a week. L _ 570 Mr. Emery asked if the men would work 44 hours in five days and Mr. 3urns replied in the affirma- tive . Mr. Emery asked if the men would work on Sat- urday and receive time and a half and Mr. Burns replied in the negative. He said that most of the men want Saturdays off. Mr. Emery said that he thought the Board would have to come to a five-day week but wondered whether it would be possible to work out a program or a dead line when all the Departments went on a five- day week simultaneously - police, fire and town hall. He said that he was thinking more or less of January first. Mr. Burns explained that this amounts to an increase in pay tnd if it is not in operation be- fore the last three months of the year he can't pay any more in 1952 then he did in 1951. Mr. Emery said that it could be vde retro- active by a Town Meeting. Mr. Burns said that he didn't think the hours could be put into effect as the rate of pay is very definitely changed, and it is an increase in rate. Hours of He said that the men could be paid 48 hours for Public working 44, but then they would be paid for time Works not worked. Dept. The Chairman said that the Board feels that it is in a definite situation and realizes the tendency toward a five-day week, and whether the Board likes it or not will have to go along with it but the question is how to do it. Mr. Hoyt asked if it is Mr. Burns ' intention, with the figures presented, to permit the men to take home the same amount of money but no more than the would take home under the present 48 hours and Mr. Burns replied in the affirmative. Mr. Hoyt said that can be construed not as an increase. If there is more money in the pay envelope, it will be immediately said that the men are to be given more money and less time. He said that, however, they are not actually going to re- ceive any more money. The Chairman asked about the men who work so much overtime and will continue. Mr. Burns replied that is one of the reasons why he thou,ht if a change is to be made it should be done in October. He explained that there is only one project "burying" him now and that is the Fair Oaks sewer. Most of the other things are pretty well in line. The Chairman asked Mr. Burns what he was going to do about Mr. Wessinger and Mr. McGlone, just to name two. 571 Mr. Burns replied that as far as Weisinger is concerned, he would alternate the time of coverage. He said that as far as McGlone is concerned, he is on salary and by Mr. Burns ' request to the Board he has paid him for what work he has done on pro-rating his salary. Mr. Driscoll said that he could not see that there is any problem; industry has gone to a five day week and Lexington is late in facing it. He said that a capable man could be hired to assist Weisinger who will have to be replaced some day. Mr. Burns said that the longer this is put off, the higher the rate is going to be and it will be a high rate at 48 hours. It will either go to 44 at 4l.75 an hour or go to 40. Mr. Gay asked if it were Mr. Burns ' idea to cut out all overtime and Mr. Burns replied that he cannot cut it :gut but he will reduce it to a minimum. He said that none of the men think that the work will continue as it has for the past two or three years. Hours of Public UIr. Stevens arrived at the meeting at Works 7:35 P.M. Dept. Mr. Burns said that he definitely did not want anyone to have the idea that there will be no more overtime. Mr. Gay asked if the men realize that when the pay is increased, but on a shorter week period, that Mr. Burns will try to prevent overtime. Mr. Burns replied that they realize that when the work is caught up they will not be working all day Saturday. The Chairman explained that the Board had an appointment with Mr. Howard, of Whitman and Howard, and suggested that discussion be dis- continued for the moment and the Board agreed. Messrs . Paul Howard, Ed*in Howard, Chase, Allen and Mr. Adams of the Planning Board, met with the Selectmen. The Chairman read a letter from Mr. Allen of the Engineering Division of the Corps of Engineers, U. S. Army, stating that the firm of Whitman and Howard has been engaged by the Army to develop plans for water and sewerage I facilities for the Air Force Research Lab- oratories to be built adjacent to Wood Street. 572 He also read a letter from Whitman and Howard setting forth the design that the U. S. Corps of Engineers have developed for water and sewerage facilities in relation to the proposed construction of Research Laboratories. Mr. Howard presented plans referred to in the letter from his concern and explained the proposals to the Board. The Chairman asked if any member of the Board had any questions and there were none. Mr. Allen reported that he has talked with Mr. Burns and seen his side of the problem and also talked with the M. D. C. and after con- sidering all problems, the present proposal appears to be the appropriate solution, He said that he would be glad to leave the plans with the Board . The Chairman said that the Board would like to study the plans and asked how eminent the project is. Research Mr. Allen replied that he expects the Laboratory back project will start in the Spring and the present building under construction will be completed in March. The Chairman asked if he planned to sewer the building now being constructed with a force main and Mr. Allen replied that there will be a temporary sewage disposal for that building. The Chairman asked if the Engineers had estimated the length of time that will be re- quired to build the 8" force main and Mr. Howard replied in the negative. He said that it is part of the entire project which will take a year or a year and a half; their date being August, 1953. The Group, with the exception of Mr. Burns retired at 7:55 P.M. Mr. Burns agreed to study the plans and proposal and report to the Board giving his estimate as to what this project will cost the government . The Board also felt that some other program might be worked out with mutual benefits . Mr. Burns retired at 8:10 P.M. The Chairman read a letter from Walter Sands relative to the revocation of his driving license which was addressed to Mr. Emery, and Mr. Emery stated that Mr. Sands had requested him to bring the matter before the Board. At 8:20 P.M. Chief Rycroft met with the Board and the Chairman asked him to tell the Board the Police side of the story. 573 Chief Rycroft stated that Mr. Sands drove through "walking" lights and people were cross- ing the street. The Officer stopped him and there were some words. Mr. Sands went to see the Chief and only said that he did not see how the Officer could have seen him, but wanted the Chief to know about the incident. The Chief said that he did not mention it to the Officer. The next morning the Officer made out a complaint; it went to Court and Mr. Sands pleaded nolo contendre and the case was placed on file. He said that insofar as he knows the Officer did not know who Mr. Sands was. The Chairman explained that the Board was not inferring anything but has had a lengthy ais Z'Assion of the situation from Mr. Sands, and what bothered him was the fact that he lost his license for the first infraction he ever made. He went over to Registrar Kings 's office and talked to one of his Assistants. He evidently took Mr. Sands ' license when he went in, but gave it right back to him. The Chief explained that a card is sent into the Registry and they are the judge as to what is to be done. The Police make no recommendations. He said that he was surprised that Mr. Sands ' license was taken away and it would appear that there must have been some other complaints filed with the Registry at other times. Walter The Chairman stated that Mr. Sands claimed Sands ' to have been driving a car since 1916 and has Driving never been in Court. License The Chief explained that it would not necessarily mean that he had been to Court. A person could be stopped four or five times, in various towns, and the Registry has a record of each time. The Chief said that as far as he knows, no recommendation was made by the Police Officer and as he recalled it, the only notation on the card was a "warning". He explained that the card was made out by the Officer who is out sick and inas- much as he did not know of this meeting until today he did not have an opportunity to check with him. He agreed, however, to contact the Registry and find out what notation was made on the card. /he Chairman asked if the Chief thought, under the circumstances, that the Officer should have sent the warning in. The Chief replied that he has always taken the attitude that the Officers are out in the street and as long as it seems to be fair, he doesn't interfere unless he feels there is an injustice being done. 574 CC The Chairman asked if the Chief thought in a case such as this that an injustice was done and the Chief replied he is not convinced that it was. He said that if his memory is correct, only a warning was mentioned and there was no recommendation of suspension. Mr. Hoyt asked if the Chief recalled any previous case like this and he replied in the negative. Mr. Stevens asked if the cards were sent in to the Registry before or after the Court case and the Chief replied that they are generally sent in before. Mr. Stevens said that the Registry then would not know whether the case hadg one to Court or not and the Chief said that is correct. Mr. Stevens asked if the cards stated that a Court case was going to be brought and the Chief replied in the negative. Mr. Emery asked if it would be practical to have Routes 4 and 25 changed to Route 128 Changes in in an effort to eliminate that traffic. The Routes Chief replied that it is worth a try and could be recommended. The Chairman asked if, in his opinion, the Chief thought the situation at Harrington Road and Bedford Street had improved consider- Traffic ably and the Chief replied in the affirmative. He said that he expected a representative from the State out within the near future and would mention this location to him. The Chief retired at 8:50 P.M. Messrs . Maloney, Harding and Kelley of the Lexington Boy' s Club, met with the Select- men relative to the use of the Sexton property. The Chairman explained that the Board does not think the building is too safe and even if Sexton the Boys ' Club were in and made all the necessary Property repairs, the Town would have to make exterior for Boys repairs. He said that the Board does not feel Club that the building lends itself at all well for use as a Boys ' Club and furthermore it may not be legal for the Board to be in the renting business even to a semi-public organization such as the Boys ' Club. Mr. Maloney said that the Club would like the use of the building on a temporary basis and will not consider it as a permanent arrangement. 575 He explained that the greatest number of boys at any one time would be between 25 and 30, and it would be merely a gathering place for the boys to meet prior to being taken to the various recreation places. He explained that there would be someone in attendance at all times and that High School teachers have volunteered to supervise. Mr. Hoyt inquired as to who would be liable for opening and closing the building. Mr. Maloney explained that one person would be responsible. The key for their former head- quarters was kept at the police station. Sexton Mr. Emery stated that there is a legal Property aspect - whether the Town has the right to for Boys spend money on a building which will not be Club used for Town use. He said that there are also laws pertaining to meetings in public buildings. Mr. Stevens explained that the Town took this property by eminent domain for municipal use. The Chairman said that the Board would discuss the subject further and let the group know of its decision. Messrs. Maloney, Harding and Kelley retired at 9 :10 P.M. The Chairman read a letter from Mrs . Fred W. Bodge, 7 Belfry Terrace, claiming that due to a defect in the sidewalk by Buckman Tavern she fell, bruised her knees, and in general Defective received quite a shaking up. Sidewalk Mr. Burns was instructed to find out whether or not there is a dangerous defect in the sidewalk that should be remedied. The Chairman read a letter from Ernest A. Gravallese with reference to "Stop" signs at the intersection of Cedar Street and Massachusetts Avenue. Mr. Burns informed the Board that he had been advised by the State that if the Town wanted signs at this location permission would be given. Cedar St. He ordered the signs last March and only received STOP sign them two weeks ago. The Chairman instructed Mr. Burns to acknowledge Mr. Gravallese ' s letter. Mr. Stevens reported that the document he had prepared in regard to the Cliffe Avenue' Cliffe Ave.water situation will have to be changed because Water of the information he has now received from Mr. McMillan. 576 Z71 He said that he would prepare another agreement which will solve the problem of the leak and Mr. Burns agreed to obtain the neces- sary signature. Goodwin Mr. Stevens reported on the condition at case Goodwin's, Bartlett Avenue, and said that Mr. Goodwin is apparently still conducting a business in a residential area. The Chairman said that inasmuch as com- plaints have been filed, it would appear that there is no alternative but to proceed to take whatever action is necessary to stop the business. Mr. Stevens said that he had told Mr. Goodwin that unless he discontinued conducting a business in a residential area, the case would be taken to Court. Mr. Stevens reported on the status of Downs ' the Downs ' claim for damages as a result of claim for an accident involving the Downs ' car and the damages Town sweeper. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to authorize Town Counsel to settle the claim in the amount of the repair bill submitted by Mr. Downs. The Chairman read a letter from Town Counsel with reference to an addition attached Bradford to the garage and sales room of the Bradford Motors Motors, Inc. , 34 Bedford Street, Lexington. violation The Board felt that ample time had been given to Bradford Motors to correct the violation of both the Zoning and Building By-Laws . Mr. Stevens was, therefore, instructed to instigate legal proceedings. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to adopt an Order of Taking a covering the land of Kelchester Realty Trust, to be used for school and playground purposes, Kelchester authorized by vote of the Town on March 19, Land taken 1951, as follows : of E. D. COMMONWEALTH OF MASSACHUSETTS Middlesex, ss Town of Lexington At a meeting of the Board .of Selectmen of the Town of Lexington held this 17th day of September, 1951, it is ORDERED:- Whereas by a unanimous vote of the Town Meeting duly called, warned, and held the 5th day of March, 1951, in accordance with the provisions of law applicable thereto, to wit, at the adjourned session thereof 577 held on March 19, 1951, the Selectmen were author- ' ized and empowered on behalf of the Town of Lexington to purchase, take by eminent domain, or otherwise acquire the land hereinafter described for school and playground purposes and for any other public pur- poses or any one or any combination of such purposes, and an appropriation of money was made for the purpose as will more fully appear by reference to said vote, an attested copy of which is annexed hereto. NOW, THEREN'ORE, we, the undersigned, being a majority of the Board of Selectmen of the said Town of Lexington, duly elected and qualified and acting as such, do hereby under and by virtue of said vote and of the provisions of Chapter 79 of the General Laws of Massachusetts and all acts in amendment thereof and in addition thereto, and of any and every other power and authority us hereto in any way enabling, take in fee on behalf of the Town of Lexington for school and playground pur- poses and for any other public purposes or any one or any combination of such purposes, the land situated westerly of Lowell Street and northwesterly of Maple Street in said Lexington and bounded and described as follows : Beginning at a point in the northwesterly sideline of Maple Street, said point being south- ' westerly and distant three hundred ninety-five (395.00) feet from a stone bound marking the southwesterly terminus of a curve of thirty-eight and 14/100 (38.14) feet radius which connects the northwesterly line of Maple Street with the westerly line of Lowell Street, thence bearing to the right with a curve of twenty-five (25 ) feet radius distant thirty-nine and 27/100 (39.27 ) feet to a point of tangency, thence North 33° 16' 14" West distant one hundred (100 ) feet to a point, thence 56° 43 ' 46" East distant three hundred twenty (320) feet to a point, thence North 11° 54 ' 31" East distant three hundred fifty-six and 30/100 (356.30) feet to a point, thence North 78° 05 ' 29"' West distant one hundred eighty (180) feet to a point, thence North 11° 54 ' 31" East distant fifteen _(15 ) feet to a point, thence North 78° 05 ' 29" West distant two hundred ninety-six and 97/100 (296.97 ) feet to a point, thence South 56° 43 ' 46" West distant six hundred fifty-seven and 24/100 (657.24) feet to a point,thence South 33° 16' 14" East distant six hundred (600 ) feet to a point, thence North 56° 43 ' 46" East distant three hundred sixty (360) feet to a point, thence South 33° 16' 14" East distant one hundred (100 ) feet to a point of curvature, thence bearing to the right with a curve of twenty-fiVe (25 ) feet radius distant 4 578 cc thirty-nine and 27/100 (39.27 ) feet to a point of tangency, thence North 56° 43 ' 46" East distant one hundred (100 ) feet to the point of beginning, containing approximately 12.1 acres, all as shown on a plan entitled, "Plan of Land in Lexington, Mass . , Scale 1 inch = 100 feet. August 16, 1951, William M. Burns, Town Engineer`, to be recorded herewith. And as appurtenant to the foregoing land, we take a perpetual easement for all purposes of public travel in, over and through the parcel of land shown as Lot A on said plan and bounded and described as follows : Beginning at a point in the westerly sideline of Lowell Street, said point being northeasterly and distant one hundred thirty-four and 70/100 (134.70) feet from a stone bound marking the north- erly terminus of a curve of three hundred seventy- nine and 58/100 (379.58) feet radius, thence bearing to the left with a curve of twenty-five (25) feet radius distant thirty-nine and 27/100 (39.27 ) feet to a point of tangency, thence North 78° 05 ' 29" West distant two hundred eighty (280) feet to a point, thence North 11° 54 ' 31" East distant eighty (80 ) feet to a point, thence South 78° 05 ' 29" East distant two hundred eighty (280 ) feet to a point of curvature, thence bearing to the left with a curve of twenty-five (25 ) feet radius distant thirty-nine and 27/100 (39 .27 ) feet to a point of tangency, thence South 110 54 ' 31" West distant one hundred thirty (130) feet to the point of beginning. All trees upon said land and structures affixed thereto are included in the taking. We award the damages sustained by the persons in their property of reason of the taking hereby made as follows : To John L. Kelly, James P. Kelley, and Joseph F. Kelly, Trustees of Kelchester Realty Trust u/d/t dated December 30, 1949 and recorded in Middlesex South District Registry of Deeds, Book 7583, Page 239, the sum of One (61.00) Dollar. In so awarding damages we have awarded them to the supposed owner of record of the land hereby taken as of the date hereof, but of 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 or 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 this taking is made. 579 WITNESS our hands and seals in said Lexington the day and year first above written Donald E. Nickerson George W. Emery Frederick M. Gav William H. Driscoll Lewis L. Hoyt Majority of the Board of Selectmen COMMONWEI LTH OF MASSACHUSETTS Middlesex, ss . September 17, 1951 Then personally appeared Donald E. Nickerson, William H. Driscoll, George W. Emery, Frederick M. Gay, and Lewis L. Hoyt, known to me to be a majority of the duly elected, qualified and act- ing Selectmen of the Town of Lexington and acknow- ledged the foregoing instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me Hazel J. Murray Notary Public My commission expires November 29, 1957 I, James J. Carroll, Town Clerk of the Town of Lexington, hereby certify that the Town Meeting of Lexington, duly called, warned and held the 5th day of March, 1951, in accordance with the pro- visions of law applicable thereto, to wit, at the adjourned session thereof held on March 19, 1951, the following vote was unanimously adopted under Article 41: "VOTED: That the Selectmen be and they hereby are authorized, on behalf of the Town, to purchase, take by eminent domain or otherwise acquire for school and playground purposes, and for any other public purposes, or any one or any combination of such purposes, a parcel of land comprising 12 acres more or less, together with any rights of way or other rights appurtenant or appropriate thereto, believed to belong to Kelchester Realty Trust, said parcel being sit- uated westerly of Lowell Street and northwesterly of Maple Street in Lexington and shown on a plan en- titled "Proposed School Area" on 580 file in the office of the Town Engineer, and bounded and described as follows : 11Beginning at a point which is the intersection of d line approximately parallel to and one hundred twenty- five (125 ) feet distant from Lowell Street and a line one hundred twenty- five (125 ) feet from and approximately parallel to Maple Street; thence running in a westerly direction about three hundred twenty (320 ). feet to a point; thence turning and running in a southerly direction one hundred twenty-five (125 ) feet to Maple Street; thence turning and running in a westerly direction along Maple Street fifty (50 ) feet; thence turning and running in a northerly dir- ection one hundred twenty-five (125 ) feet to a point; thence turning and run- ning in a westerly direction about three hundred sixty (360 ) feet to a point; thence turning and running in a northerly direction about six hundred (600) feet to a point; thence turning and running in a northeasterly direction about six hundred fifty (650 ) feet to a point; thence turning and running in an easterly direction about three hundred ten (310 ) feet to a point; thence turning and running in a southerly direction fifteen (15 ) feet to a point; thence turning and running in an easterly direction about one hundred eighty (180 ) feet to a point; and thence turning and running in a southerly direction about three hundred fifty-six and 3/10 (356.3 ) feet to the point of beginning; and con- taining approximately twelve (12 ) acres, together with a right of way for all purposes to and from Lowell Street over the entire parcel shown on said plan as "Right of Way"; and that the sum of 0,000 be appropriated therefor and be transferred from the Excess and Deficiency Account." A true copy. Attest:- James J. Carroll Town Clerk 581 The Chairman read a letter from Joseph E. Casey, 343 Massachusetts Avenue, requesting the removal of a tree which is located in the middle of his driveway thus making it impossible to Removal drive his car in and out. The Clerk reported of that Mr. Garrity stated the tree is in good tree condition but does obstruct Mr. Casey's drive- 1 way. The Board preferred to view the location before taking any action. Mr. Burns retired at 10:05 Y.M. The Chairman read a letter, dated September 15, 1951, from the Town Clerk advising that as of this date he received a certified certificate Official from the office of the Secretary of State estab- census lishing the official population of the Town of Lexington as of April 1, 1950, to be 17,335 . Application dated September 15, 1951, was received from Edward J. Connors, 4 Vinebrook Application Road, and Thomas F. Connors, 2151 Massachusetts for liquor Avenue, for a retail package goods store license . license Upon motion duly made and seconded it was voted to hold a public hearing on this application, and upon any other applications that may be received, in Estaorook Hall, Wednesday evening, October 3, 1951, at 7 :30 r .M. Mr. Stevens retired at 10:55 P.M. Letter was received from Mrs. Lawrence F. Broderick, requesting an appropriation of 40150 to carry on work of the 4-H Club in Lexington. 4-H request The Clerk was instructed to obtain an for funds opinion from Town Counsel as to whether or not the Town can legally appropriate money for such a purpose. Letter was received from Mrs . James F. Flynn, Secretary of the Lexington P.T.A. advising that Ars. John J. Manning and airs. Robert W. Posture Hunter have been appointed as Co-chairmen of the Clinic Posture Clinic for the year 1951-1952. Letter was received from Peter Morasi, 10 Gladstone Street, Cambridge, advising that he will pay 41475 for Lots 644-648 inclusive on Asbury Street. Tax Title Mr. Gay moved that a proposal to sell the Property lots be advertised in the Lexington Minute Man and that further consideration be given to the offer at the next meeting of the Board. Mr. Hoyt seconded the motion and it was so voted. 582 ti Upon motion duly made and seconded, it was voted to grant permission to the New Eng- land Telephone and Telegraph Company for per- mission to lay and maintain underground conduits and manholes; with the wires and cables to be placed therein, under the surface of the following way or ways ; Massachusetts Avenue - Easterly side, from manhole 54/23 opposite Locust Avenue, southerly south- westerly and southeasterly to manhole 54/32 approximately 2820 feet underground conduit. The Clerk informed the Board that the Chief of Police recommends the appointment of James W. Manning 173 Hancock Street, Cambridge, as a Special Police Officer. Mr. Manning is Secretary to the Belmont Country Club. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to appoint James W. Manning a Special Police Officer in the Town of Lexington for a term expiring March 31, 1952. Upon motion duly made and seconded, it was voted to grant the following licenses : Margaret C. McLaughlin 25 Harding Rd.Auctioneer Lexington Theatre, Inc. 1794 Mass. Ave. Sunday Movies Countryside Associates Lowell St. Sunday Golf The Chairman brought up the subject of purchasing a michrophone to be used in Cary Hall and upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to purchase a michrophone at an approximate cost of 4067 . The meeting adjourned at 11 :25 P.M. A true record, Attest: 1 k 4