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SELECTMEN'S MEETING
January 29, 195111
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on MondEy evening, January 29, 1951, at 7:00 Y.M.
Chairman Emery, Messrs . Gay, Driscoll, Nickerson and
Hoyt were present. Mr. Burns, Supt. of Public Works,
and the Clerk were also present.
Mr. Gay reported that the Library Trustees have
agreed to grant the Veterans of Foreign Wars permission
to hold meetings in the Trustees Room until 9 00 P.M.
V.F. W. Inasmuch as the library closes at nine o' clock it will
Use of be necessary to have the janitor on duty and the or-
Library ganization will be expected to pay him.
Petition with reference to plowing passageway
located off Massachusetts Avenue at numbers 905, 905A,
905B and 905C was held over from the last meeting.
The Chairman stated that he understands from Mr.
Burns that he has no objection to plowing this passage-
way, but it may result in similar requests .
Plowing Mr. Burns explained that he did not tell these
905 Mass. people that he would not plow because it is an unaccepted
Avenue street. He said that it is a ten foot driveway to
11
the houses and it is owned by the individuals. The
only piece of equipment that can be put in is a tract-
or and if the snow is pushed back he does not know
where to put it. He said that this street has nothing
more than the status of a driveway but he will have it
plowed if the Board so instructs .
Mr. Hoyt inquired as to the distance and Mr. Bums
replied that it is about 200 feet.
Mr. Driscoll asked how many houses are involved
and Mr. Burns replied that there are three houses, but
six families. He said that off-hand he could think of
five or six similar situations.
Upon motion of Mr. Hoyt, seconded by Mr. Driscoll,
it was voted to notify the petitioner that the Town
cannot plow this passageway because of the fact that
inasmuch as it is not a way dedicated to public use,
it would be establishing a precedent.
The Chairman read a letter from Norman C. Fletch-
Water for er, a representative of the Architects Collaborative,
Concord r-questing adequate water supply fora proposed develop-
Avenue went on Concord Avenue, formerly owned by Lily C. Johan-
son.
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349
Mr. Burns said that Mr. Fletcher had talked
to him and asked what should be done to obtain the
water and Mr. Burns advised him to file his request
in writing. He explained that this is included in
his 1951 budget.
Mr. Stevens, Town Counsel, arrived at the meet-
ing at 7:30 P.M.
Letter was received from the Planning Board re-
questing the Board to insert three articles in the Articles
warrant - renaming of streets, change in Zoning at
corner of Waltham Street and Concord Avenue and a
change in Zoning on Waltham Street between Vine Brook
Road and the Vine Brook easement.
Upon motion of Mr. Gay, seconded by Mr. Nicker-
son, it was voted to include the three articles as
requested and the communication from the Planning
Board was given to Mr. Stevens.**(See last page )
The Chairman received a letter from Angelo Busa
137 Grant Street, requesting deferment of the street Busa
betterment assessment on Lot #107 and apportion-
ment of the assessment on Lot 108 over a ten-year Assessment
period.
Upon motion of Mr. Hoyt, seconded by Mr. Dris-
coll, it was voted to defer the betterment assess-
ment in the amount of X800, levied against Lot 107
Grant Street, without interest, until said land or
any part thereof is built upon or sold or until the
expiration of three years from the date hereof, which-
ever event occurs first. (Provisions of Chapter 159
of the lots of 1950. )
Letter was received from Mr. Stevens with ref-
erence to Mr. Carroll's communication of January 2d Legal opinion
relative to the number of voting booths to be pro- re polling
vided in the voting places. booths
Mr. Stevens stated in his letter that the law
requires that there shall be not less than one mark-
ing shelf or compartment for every 75 voters at
each polling place, except where voting machines
are used. The number for each polling place, there-
fore, depends on the number of registered voters
in the area served by the polling place.
Upon motion of Mr. Gay, seconded by Mr. Dris-
coll, it was voted not to purchase any voting booths
at this time.
Mr. Stevens was informed by the Chairman, with
approval of the Board, that articles should be in-
serted in the Warrant for the Annual March Meeting
'4
350
relative to the proposed sewer in Sunnyfield and
also acceptance of proposed street between Edis-
on Way and the Depot.
At 8:30 P.M. hearing was declared open upon
the intention of the Board to lay out Woodland
Road from Adams Street to York Street, approx-
imately 1,825 feet. There were twenty-six per-
sons, including Mr. Garrity, Supt. of Parks and
Playgrounds, present, at the hearing.
Woodland Road Notice of the hearing was served by Constable
Hearing on all the property owners listed in the Assessors'
records as of January 1, 1951.
The Chairman explained that the hearing was
held upon the petition of approximately twenty res-
idents of Woodland Road "from Adams Street to the
point it joins into Colony Road , and to have a sew-
er extending from Adams Street to the highest point
along Woodland Road from which it will drain into the
Adams Street construction." The petition further
states "we wish to have no sidewalks and that there
be a minimum disturbance to adjoining road allowance
beyond the edge of the pavement and shoulder."
The Chairman explained that plans had been pre-
pared and were on the Selectmen' s table for inspec-
tion. He stated that there is to be a 24' pave-
ment of hot top, constructed of 2" bituminous con-
crete on 10" of clay hardened gravel. The shoulders
are to be loamed and seeded and the sewer installed
from adams Street up to approximately #32 Wood-
land Road. This is about as far as can be serviced
from the Adams Street end.
He stated that the estimated cost is being fig-
ured as high as possible in order to be safe on the
liens and is 4,15.00 a foot which would be $7.50 per
foot on each side of the street. He explained that
this is for the street construction only. The sewer
assessment will be an additional $2.50 or $3.00 per
foot. He stated that the assessments may be paid
over a ten-year period.
The Chairman said that the sewer would be in-
stalled first and left settle for several weeks be-
fore constructing the street. He explained that,
based on the policy which the Board has followed
for the past several years, the Town will assume one-
half of the cost of the drainage and the cost of
unassessable corner lots would not be loaded in
figuring the cost to the remaining abutters.
He stated that although the Town constructed
the streets in the Liberty-ledgelawn area last year
351
for something over 8.75 there is no doubt but that
prices next Spring ri11 be higher than they were last
year. Furthermore, this area had no seeding and
loaming of the shoulders. t''ollowing that project,
the Board decided that the job does not look com-
pleted and therefore in the future all shoulders
should be loamed and seeded.
He said that there has been some question
of putting in a pavement of less than 24' but the
Board is definitely opposed, and has decided that
it is not wise to construct a street less than
24' .
Mr. Burns explained that on an 18' pavement,
two cars parked opposite each other, allowing 15'
for two cars, leaves only 3' . With no sidewalks,
cars coming down have no place to go. When an 18'
street is plowed, the snow is pushed on both sides
of the street and there is not room for two cars
to pass. He explained that even on a 24' street
it is sometimes difficult for cars to pass . He
stated that much difficulty is encountered plow-
ing narrow pavements.
One individual, who did not give his name,
asked about the depth of the sewer at #32 and
Mr. Burns replied that it will be low enough to
take care of the house.
Someone asked if the abutters pay for their
own sewer connections and Mr. Burns replied in
the affirmative.
The Chairman explained that the petition for
the street reads "to the point it joins Colony
Road", but the plan as drawn is right through to
York Street, but it does not make any particular
difference to the Board.
Mr. Ferguson said that the Hancock Church owns
a parcel of land and if the road is cut back it '
will eliminate birch trees, rhododendron bushes
and some of the lawn. At the time, the street
is very good and is good down to Colony Road.
The Chairman stated that it is not necessary
and if the people did not want it, the Board would
not redommend it.
The Chairman explained that a list of estim-
ated assessments will be sent out for signatures
and the extent of signatures will determine wheth-
er or not the acceptance of the street will be pre-
sented at Town Meeting.
The hearing was declared closed at 9:20 P.M.
and the group retired.
352
Mr. Harry Shea and three other representatives
of the Public Works Employees ' Union met with the
Board. The group had requested the meeting to discuss
a wage increase.
Mr. Shea s id that the men have been under the
impression since last June or July that a raise has
been pending, and it now comes to the question of how
much of a raise. He said thf t both the School L'ommi-
ttee and the Lemetery Commissioners received a let-
ter about this meeting and they were asked to send a
a delegate.
The Chairman explained that the Selectmen have
no control whatsoever over either of these two Boards .
Mr. Shea said that conditions have arrived at
the point now where it is costing more to eat and more
to live than it did two years ago. He said that they
do not feel that the wages have kept up with the ris-
ing cost of living. He stated that the men feel
that 25% would be just what would be required to bring
them up to a fair standard of living.
The Chairman said that the Board has had under
discussion the question of a raise and there is no se-
cret about it, but it is just a question of how much
the Board feels warranted in recommending.
Mr. Shea asked what the Board is its ideas on
as to how much is warranted, and the Chairman replied
that the Board has not arrived at any definite conclu-
sion. He said that a rise in the cost of living would
be one question to be considered.
Mr. She asked whtt the Board thought of his pro-
posal and the Chairman replied that the Board has not
discussed it, but will be glad to think it over and
let him know. He said that the Board will, presum-
ably, recommend some raise for all employees of the
Town , not including the schools .
Mr. Shea asked if the Chairman had a vague idea
as to what the Board has in mind and the Chairman re-
plied that the Selectmen have an idea but would like
to discuss it alone now that they have heard the or-
ganization' s ideas .
Mr. Shea said that it seemed to him that this
would incline to drag the matter out.
The Chairman said that the Board will arrive at
a conslusion within the next ten days .
Mr. Shea said that then the representatives would
have to meet with the Board again and then have meet-
ing of their own and possibly meet again with the
Board.
358
The Chairman s id that it would depend on wheth-
er or not the group is inclined to feel that the De-
partment of Public Works should be treated different-
ly from other Departments . He said that the Board is
not negotiating or bargaining with any other Town De-
partment. He said that the Board would come to a con-
clusion as to what it thinks is a justifiable raise and
recommend it .
Mr. Shea asked if the Selectmen didn't think it
would be fair to have the Union delegates meet with them.
The Ghairman replied that the Selectmen have lis-
tened to the arguments this evening but if the repre-
sentatives wished to meet with the Board again after
they have been advised Ls to what the Board thinks , the
Board would be glad to see the. He said, however, that
he did not think the Board would bargain with one Town
Department.
Mr. Shea said that his group is bargaining for the
Town as a whole . Despite the fact that only four De-
partments are organized, they are willing to talk for
all of them. The Chairman said that the Selectmen rec-
ognize and welcome a Committee from the Town employees
to discuss matters, but as far as the Selectmen rec-
ognizing and accepting this group as speakinb for all
the Town Employees, the Board has not done that. He
stated that the Selectmen will he glad to discuss, with
any committee of Town employees, any question or prob-
lem that would corpe up between employer and employee.
However, as for this Board of Selectmen recognizing
the Union as a bargaining agent for all town employees,
no such stand hcs been taken,
Mr. Sheaasked if something sho,ildn't be done a-
bout recognizing the Union, and the Chairman replied
that, if the Board is properly advised, it has a choice
in the matter.
Mr. Stevens explained that the Union of municipal
employees id very tiff erent from a Union in private em-
loyment and that the Union of municipal employees has
no bargaining rights .
Mr. Shea said that seemed strange to him and re-
gardless of vh o they are working for they are still
citizens and entitled to the same freedom as anyone
else.
Mr. Stevens explained that in private employment
the representatives of a corporation or partnership
or the individual employer have absolute authority.
In municipal government the authority rests with the
entire town and that the Selectmen represent the Town
in certain respects .
354
d
He stid thtt there is no such thing as any one
group representing the Town.
Mr. Shea said that if the Board sees fit to re-
fuse recognition, then the Union is of no use to the
employees of the Town.
Mr. Stevens said that there are no greater rights
in the group as a Union than there would be in the group
as a Committee or Association.
Mr. Shea asked if that were a legal point and Mr.
Stevens replied in the affirmative.
Mr. Shea said that he would have to check on this .
He asked if, insofar as the BJard is concerned, the Un-
ion is not recognized yet in the Town.
Mr. Stevens replied that it depends on what he. means .
He said that apparently what Mr. Shea has in mind is a
Union having exclusive bargainig rights . He said that
does not pertain to municipal government. He stated
that insofar as there is a Union and the representatives
speak for the Union, that is something entirely differ-
ent.
iffer-
ent.
The Chairman stated that the Selectmen are glad
to meet with any Committee regardlesF of what they call
themselves, but as for recognizing the Union as the
official bargaining agent, the Board has not done it.
Mr. Shea asked what would be the earliest time
they could meet on this subject and the Chairman re-
plied that the Board will arrive at some conclusion11
as to what it thinks is a fair adjustment and will let
them know.
Mr. Shea asked i.s, when the Board has arrived at
what it considers a fair amount, the Union would be
told what it is going to be and the Chairman replied
that it could be.
The Chairman said that if the Board decides on a
certain figure for a raise and the Union members do not
like it, the Board would be glad to review the subject,
but whrther its opinion would be changed would depend
upon the facts .
One of the representatives, who did not give his
name, asked if the raise were going to be a five cent
or ten cent "affair" and the Chairman asked what they
would prefer. The man replied that he would prefer a
percentage r ise.
The Chairman asked why they preferred a percentage
over cents per hour and he replied that it isnot the
same thing - percentage, they would receive more.
The Chairman asked if it was unanimous among the
men that they preferred a percentage increase and Mr.
Shea replied that it was voted at the last meeting
thFt they would rather have a percentage increase.
355
The Chairman asked if the vote in favor of a
percentage increase was unanimous and Mr. Shea re-
plied in the affirmative. He said that they all
felt the same .
The Chairman said that the Board would get in
touch with the group and Mr. Shea asked him to in-
clude in a letter the Board ' s idea on an adequate
raise.
The group and Mr. Stevens retired at 9:50 P.M.
Mr. Gay conducted the meeting, at the Chairman' s
request, for the remainder of the evening.
Petition was received from the Boston Edison
Company and the New England Telephone and Telegraph
Company referring to a proposed pole location on
Massachusetts Avenue at Locust Avenue. The plan of
the proposed location waF approved by Mr. Burns. Pole Location
Upon motion of Mr. Emery, seconded by Mr. Dris-
coll, it was voted to approve the following pole
location and sign the oder; Massachusetts Avenue
at Locust Avenue, one pole -- one existing JO pole
to be removed.
Notice was received from the Department of Pub-
lic Works advising that a meeting will be held upon
petition of the Middlesex and Boston Street Railway
Company for a certificate to operate buses from the Oak Street
corner of Massachusetts Avenue and Oak Street, via Bus Route
Oak Street, Baker Avenue, Taft Avenue to the corner
of Massachuset s Avenue nd Taft Avenue, in both dir-
ections. The hearing will be held in Room 166, State
House on Wednesday, February 14th at 10:00 A .M.
Letter was received from Mr. Thomas, Director of
Civil Defense, enclosing a bill for $780 received
from Fairbanks Morse Co. , for a 3,000 watt generat-
ing plant, the purchase of which was authorized by Civil Defense
the Selectmen. Mr. Thomas called the Board ' s atten- GEnerating
tion to the fact that the price has been increased plant
from $670 to 079- and that only $750 is available
in the 1950 appropriation. He suggested that the
balance of $30 be charged against the 1951 aplropr9 -
ation for the Department of Civil Defense. The Board
approved the suggestion as outlined.
Letter was received from the Appropriation Com-
mittee stating that the Committee has voted in favor App. Com.
of a salary increase of %10 for all town employees, salary
effective April, 1951; but in no case is the amount recommendation
to exceed $300 on an annual basis.
356 an
4.74
Further consideration was given to Mr. William
Fellmanls offer of $150 for Lot 225 Spring Street. 11
Tax title Upon motion of Mr. Hoyt, seconded by Mr. Nick-
erson, it was voted to entertain an offer of $300.
Upon motion of Mr. Hoyt, seconded by Mr. Nick-
License erson, it was voted to sign the Sunday Movies License
submitted by the Lexington Theatre, Inc.
Application was received from Mrs . Madeline V.
Peterson on behalf of the Campers AssociatiDn, re-
Use of hall questing permission to hold a banquet and dance in
Cary Hall on the evening of March 17, 1951, from 6:00
P.M. until midnight.
Mr. Hoyt moved that the use of the hall be granted
subject to a charge of $35.00 . Mr. Nickerson seconded
the motion, and it wEs so voted .
Application was received from V. F. W. requesting
the use .of Estsbrook Hall on the evening of February
V. F. W. 7th from 8:30 until 10:00 P.M.
use of hall The suggestion wes made that the Clerk write and
ask the organization if they would be willing to use
the Library rather than make it necessary to have the
Cary Buidling heated End illuminated for such E small
group.
The Chairman told the Board that his son-in-law
is connected with the Veterans Organization and he
would have him check on this .
The meeting adjourned at 11:10 P.M.
A true record, Attest:
e , S ectm--n
** The Town Counsel discussed the proposed article
for changing the street names and mentioned that it
might be necessary to hold public hearings, or at
least inform the residents on those particular streets .
In view of this Mr. Tay moved to rescind that portion
of the vote concerning renaming of streets . Mr . Nick-
seconded the motion and it was so voted.