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HomeMy WebLinkAbout1961-07-10-BOS-min 586 SELEC TM +T t S MATING July 10, 1961 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, July 10, 1961, at 7:30 P.M. Chairman Morey, Messrs . Adams, Ferguson, Richards and Cole were present . Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present. Thomas H. Wilson, 15 Oakland Street, applicant for a Guide 's license, met with the Board. He had passed the test and his qualifications certified by Guide Mr. John J. Garrity and Chief Rycroft. Following a few appropriate remarks, the Chair- man presented him with a Guide 's license, signed by the Board, and A Guide ' s badge , at which time he re - tired. The Chairman referred to notes received from the Lexington Guides' Association relative to sign adjacent to the Revolutionary Monument on the Common. She re- i istorie ported that she had looked at the sign and stated that sign it does need to be repaired. She also reported that the subject had been discussed with Mrs. Cook, at the Chamber of Commerce Booth, who agreed to look at the sign and submit her ideas on the subject. The Chairman reported that she had granted the otemobile League of Women Voters permission to park a Votemobile in the Center. Mr. Carroll reported that he had received six bids on the renovation of the boiler room in Cary Memorial Building. The low bidder was Seltzer 1 Co. , Inc . , with price of $7,750. The second low bidder was Boiler Sellars Oil Burner Service, Inc . , with a price of bids $8,142.80. Mr. Carroll stated that he had checked on the low bidder and learned that the company has a good reputation but is slow. However, he said that he did not anticipate any problem. Upon motion duly made and seconded, it was voted to accept the low bid of $7,750 submitted by Seltzer & Co. , Inc . Mr. Carroll reported that he had received three bids for a sidewalk tractor. Clyde Everett Equipment 587 Co. bid $5,091.614.; Pescoe Equipment Corporation bid $5,500.00 H. F. Davis Tractor Co., bid 6,320.51. He reported that the low bidder did not meet all of the specifications . He checked with two or three Sidewalk towns owning one of these tractors and the reports Tractor received were not very favorable . He recommended accepting the second low bid. Upon motion duly made and seconded, it was voted to accept the second low bid of $5,500 submitted by the Pescoe Equipment Corporation. Mr. Stevens arrived at the meeting at 7:45 P.M. and presented a plan of the slope easements. on Paul Revere Road taken for sidewalk purposes . He explained Slope that, based on this plan, he had prepared the Order of easements Taking which takes the slope easement on various small Paul Revere pieces of land. Road side- Mr. Carroll reported that all people involved have walk been notified and were invited to attend a meeting about two weeks ago. They were also notified of the sidewalk and advised of what the betterments would be . He ex- plained that the sidewalk will have to be raised but there will be a general flat grade . There will be a five-foot grass strip for the entire length. Upon motion duly made and seconded, it was voted to adopt an Order of Taking of permanent slope ease- ments in certain parcels of land abutting on Paul Revere Road, in connection with the construction of a sidewalk. Mr. Stevens presented five copies of contract documents for the sidewalk construction in Paul Revere Road. Sidewalk Upon motion duly mad and seconded, it was voted contract to execute the contract, -- d_by Mr. Stevens until the certificate of insurance is received. Mr. Stevens 'referred to the acquisition of the Hagerty property, 6 Lincoln Street, and reported that the deed has been executed. He explained about an agreement Mrs. Hagerty's attorney would like signed, setting forth the provisos in the deed. Hagerty Upon motion duly made and seconded, it was voted agreement to sign the agreement as presented by Mr. Stevens. Mr. Stevens presented a plan of the property ownedby Mr. Fred Benkley and located at 35 Whipplec. Road. He reported that the Planning Board had asked 588 him to present a proposition to the Board whereby that in return for a deed to the entire rear parcel from Mr . Benkley, the Townwould pay a price based on the proportion of the area of that land as compared with the total area of theHinckley land, including the rear part the Town did not acquire . He said an agreement would be entered into with Mr. Benkley that the radio antenna and the connecting of the same to the premises of Benkley's lot 187 shall not pass to the Town of Lexington, but shall remain the property of the grantors. Mr. Stevens read a draft of the pro- position, and Mr. Richards said it appeared to be Benkley reasonable. agreement The Chairman said she would prefer not to take possession of the property without a fence . It was agreed to have Mr. Carroll give Mr. Stevens information as to the type of fence and the cost. If the cost is under $500, Mr . Stevens was authorized to write Mr. Benkley and enclose the agreement. If the cost exceeds $500, Mr . Stevens is to bring the subject to the Board' s attention again. The suggestion was also made that the cable now on the ground be run overhead. Mr. Stevens referred to the matter of damages for. the sewer taking on Watertown Street and said as far Watertown as he knew there were no requests from anyone on Water- Street sewer town Street for an offer with the exception of Mr. Leonard Leonard. He recalled that an offer of $100 was made claim but nothing was heard from Mr. Leonard, but tonight he received a notification from Mr. Carroll, Town Clerk, that Leonard had filed for damages in the Superior Court. Mr. Stevens said he has discussed the subject with John Carroll, who thinks that the sewer is a benefit to the three owners, other than Mr. Leonadd who connects into the sewer on the other street. He presented a plan of the properties involved and ad- vised that if the Board is going to make any award, it should be done before the expiration of the year . No action was taken. Mr. Carroll retired at 8:30 P.M. Mr. John Brucchi, 63 Paul Revere Road, Miss Jean L. Adams, 69 Paul Revere Road, and Mr. Robert We singer, 101 Reed Street, met with the Board. The Chairman declared the hearing open upon the complaint' filed by Mr. Brucchi against Miss Adams, whose dog, Mr. Brucchi claimed, attacked his colt. 589 1 Messrs . Brucchi, Wesinger, and Miss Adams were sworn to testify under oath by Mr. Richards . Mr. Brucchi stated that last February, he pur- chared a registered colt . a yearling, at an auction. The colt was put in the corral. About the first of April, Mr . Brucchi was working down back of his property with Robert Wesinger, who works for him, when he heard his wife screaming and they both ran Brucchi to the house . He said he saw the colt break through vs the 21 x 61 fence with the Adams' dog still in back Adams of him. He said he could not see what .the dog had inr;his, moat .. When he caught the colt, it was bleed- ing from the left hind leg. He said at the time it did not seem to be serious, but about a week later, the colt's leg started to stiffen and he sold him at a loss. Mr. Brucchi said he could not blame thedog which has been trained to chase his horses. The Chairman stated that Mr. Brucchi had com- plained of the Adams' dog before and there was a hearing. At that time, Miss Adams promised to keep the dog restrained. Mr. Robert Wesigner said he and Mr. Brucchi were at the back of the yard and Mrs . Brucchi started to I scream. When he and Mr. Brucchi ran up, he saw the colt go through the fence and the dog was behind him. He said he did not know if thedog bit him or not. He stated that he was with Mr. Brucchi when he examined the colt, and it was bleeding. He said that was the only time he aaw the dog in the enclosure . The Chairman asked Miss Adams if she was home at the time this happened, and Miss Adams replied that her parents had charge of the dog. . She said there are at least two dogs in the neighborhood that could have been mistaken for her dog. She said that since the gentleman who spoke is paid by Mr. Brucchi and works for him, there could be some doubt in her mind whether or not it is fair to sayhe would be unbiased. She stated that the dog has been trained not to go over there . Miss Adams said it was a directoutright lie to say that the dog has been trained to go after the horses . She said the dog is in at night . When he is out during the day, there is always someone in the house and he is not allowed to go ionto Brucchi' s property. The Chairnan asked if he could have slipped out at one time and Miss Adams replied that it is possible. She said she did not think the dog could be positively Iidentified, and if he went through the fence, he 590lawase propably would hove managed to cut himself, but there were no marks on him. Mr. Adams asked if Miss Adams was in school at the time of the other hearing and she replied that she was in high -school. She said the dog is not out of the house unless there is someone there . Mr. Brucchi said the dog has been back several times since last February and Mr . Dean of the SPCA told him to shoot the dog. The hearing was declared closed at 8:45 P.M. and the group retired. After consideration of the facts brought out at the hearing, the Board of Selectmen unanimously adopted the following order: That the Collie dog owned by Jean L. Adams be securely restrained at all times within the limits of the property of the owner except when under the control of an adult and ,on a leash. Mr. John Carroll returned to the meeting. Letter was received from Mr. Stevens advising that the NDC has granted a request he bade for theTown to put into service the connection at Watertown Street to Water the new MDC line , notwithstanding the fact that the connection Town has not yet entered into an agreement to share in MDC lines the construction costs incurred by the Commission. Mr. Carroll reported that the water has been turned on. Mr. Stevens retired at 8:58 P.M. Mr. Carroll reported that he has been unable to locate anyone to cut the hay on the Willard property at no charge . He explained that Miss Willard was in to see him about it and feels that the Town is morally obligated to cut the hay and have it removed, and re- ferred" to the original agreement between the Town and herself. He stated th- t although the agreement does not stated that the hay should be cut, it does say something about 1s eping the property in substantially "Its present state" . He said he could not construe it to mean that the Town should cut and bale the hay. She said that the people involved at the time would agree that this restriction could be read that way and she feels the Town is obligated to do it . The Chairman said she felt that there should be one cutting a year, both for protect .on of the property and for the appearance . She said a burned area looks unattractive . 591. Mr. Carroll explained that Miss Willard does not want it laying on the ground, but wants it removed. Mr. Ferguson stated tht burning it would be sufficient . Mr. Adams said he thought there was an understand- ing and the amount of money involved is small . He said he was dubious about burning the area. Upon motion duly made and seconded, it was voted to authorize Mr . Carroll to have the hay cut and re- moved. Mr. Ferguson wished to be recorded in opposition. Mr. Carroll presented a plan of theWestview Cemetery land which also showed the land the Cemetery Commissioners would like to acquire situated between Acquisition the Bost on & Maine Railroad and the cemetery. He of land for said he thought Oabot, Cabot & Forbes had an option Westview on the land . Cemetery Mr. Richards said that the Commissioners should have a copy of the plan and someone should approach the owners . Mr. Adams did not think 14r. Carroll should be asked to devote any more time on the matter. Mr. Richards said an appraisal should be made first and then negotiations entered into with the owners whereby they could continue to live on the property with a permanent option to the Town of Lex- ington to purchase it . It was äg± eod to send a copy of theplan to the Cemetery Commissioners and ask themto examine it and advise the Board in writing if they think it is feasible for the Town to acquire the land at this time and if so, to ask the Board to take the proper steps. Mr. Richards said that after the Commissioners look at the plan, advise the Board that they want this parcel, and how long it will be before they planto use it, then rn gotiations can be entered into with the owners . Letter was received from the Department of Public Works pertaining to an agreement relative to installation of sewer pipes under Route 128. Mr. Carroll reported that the estimated cost, in signing the agreement is $48,890. He explained that bids will be taken this month on the widening of Route 128 and there are certain items pertaining to the work of Agreement the Town. He said he presumed that the money would have to be appropriated at the Annual Town Meeting. Mr. Stevens advised that the Board cannot commit the Town and took the letter to cheek on the proposed agreement . 592 1.0 at Letter was received from Robert L. Rosenthal, 10 Peacock Farm Road, asking the Board to consider an extension of the sewer in Masan Street. Mr. Carroll presented a plan, explained the properties involved, and stated that he had sufficient funds to cover the cost of the extension. He explained that Mr. Rosenthal needs the sewer and it seemed to him that it should be extended while the area is being dug up for the sewer . Upon motion duly made and seconded, it was voted to authorize Mr. Carroll to ext_nd the sewer to Mr. Rosenthal' s property line subject to the assessment of betterments . Petition was received from residents of the Ledge- lawn Avenue and Hillside Terrace area requesting instal- Traffic lation of a traffic island to provide safety for the children and to minimize the traffic hazard. Mr. Carroll said an island is not the answer and he recommended narrowing the corners of the streets . It was agreed to refer the request to the Traffic Study Committee for recommendations . The Chairman asked the members of the Board to Traffic look at Moreland Avenue relative to painting a white traffic line . Further consideration was given to the proposed. Leave Regulations, and the Chairman read a letter frue the Board of Fire Commissioners with recommendations . Mr. Richards said the department heads who would be applying the regulations should have an opportunity to set up their records, and he therefore felt that the effective date should be the close of the normal vacation Leave period which is after Labor Day. Fepulations Mr. Ferguson suggested that the regulations be adopted immediately, the Department heads instructed to commence keepingrecords as of July 1, 1961, the regulations to become effective January 1, 1962. After discussing the subject at length, it was voted to adopt the Leave R,Igulations, as submitted this evening, effective as of September 1, 1961. Mr. Carroll was requested to advise Mr. Palmer, Town Accountant, who is to supply the department heads with the necessary forms for attendance records, and to have sufficient copies of the regulations prepared for all departments involved. Letter was received from Frank M. Carpenter, 94 Pleasant Street, in which he stated that the letter 593 was being submitted as a claim for damages resulting from the Town taking a permanent sewer easement and a temporary construction easement on his property. He submitted a claim of $1500 to cover the cost of re- placing twenty trees . It was agreed to advise Mr.Carpenter that the Board will look into his claim, based on the removal of trees from the construction area, and to point out that to protect his rights, he must petition the Claim Superior Court in Middlesex County to determine his damages within one year from August 9, 1960, the date on which the order of taking was recorded, as outlined in the Boardts letter to him dated August 9, 1960. The Chairman reported that she spoke to Mr. Edmund Webb, relative to the position of Gas Inspector, and he said his health is good and he would expect to receive $1500 per year . Gas It was agreed to defer action on the appointment Inspector of an inspector pending receipt of further information from Mr. Hart of the Boston Gas Company. At 10:15 P.M., the Planning Board met with the Selectmen. The Chairman referred to Mr . T. H.' Reenstiernats I letter of June 22, 1961., to Mr. Stevens, relative to the costs of constructing Worthen Road and explained Cost that the Board thinks there should be some formula formula for that could be applied to all the roads for the Townts developerts benefit. roads Mr. Soule stated that the Planning Board has dis- cussed the subject, is in sympathy with Mr. Reenstierna and would like to see some legal way of helping him. Mr. Stevens advised that there is no authority that the Town has now to take any action to reassure Mr. Reenstierna that he willbe reimbursed. He ex- plained that two possibilities would be for the Town to lay out the road as a town way and construct it as such, and betterments would be assessed for that con- struction, the amount being based on the cost less the amount it was felt the Town should bear. The other method would be to have the subdivider deposit with the Town a sum of money to be used to defray part of the cost of construction. Mr. Soule said the Planning Board thought the way to do it was to receive the deposit of money from the owners and layoout the road. Mr. Stevens explained that if the developer paid in the first instance, there would be no betterments . 594 f Mr. Adams asked how much money is involved, and Mr. Carroll replied that he thought it was $11,000, not including removal of peat and his guess would be $20,000. Mr. Stevens said that Mr. Reenstierna is asking for certain assurances and a firm agreement. He advised that there could be no firm agreement other than a firm assurance of what the Board would recommend to the Town. Mr. Carroll said he was in favor of having the developer make a deposit and the Town doing the work. He explained that if the Town does the work, there would not be any question as to what items would be paid for . Mr. Stevens advised that each subdivision could be handled on its own merit. He said in a case such as this one, it might be desirable , in the interest of the Town, to say that the Town would lay the road out and construct it and the developer pay so much. He stated that the only other Board involved would be the Appropri- ation Committee . Mr. Adams said that as of this moment it seemed desirable for the Town to build the road and be reimbursed. It was agreed that Mr. Stevens would arrange a con- ference on-ference with Mr. Reenstierna, a member of the Board of Selectmen, a member of the Planning Board, Mr. Carroll, Mr. Snow and himself. Mr. Stevens retired at 10:30 P.M. The Chairman referred to Mr. Grindle ' s letter of June 12, 1961, advising that Mr. Snow had been in com- munication with Mr. Olson of Mr. Hue ' s office, in regard to a connection to Worthen Road at Route 2. She re- ported her conversation with Mr. Hue and explained the plan he proposed. She said in view 'of the fact no one has heard any more on the subject, that Mr. Hue should be contacted and asked what progress is being made and Worthen Road must be settled. The Chairman referred to the Planning Boardts letter of June 26, 1961, relative to Buckman Drive . Mr. Snow stated that he did not think two streets could be laid out in the same article . Buckman The Chairman said there was the question of Mr. Drive Luongo and who was going to negotiate . She thought Mr. Snow should continue his discussions with Mr. Luongo. Mr. Snow said that the Selectmen would have to decide if any action is to be taken relative to the development of the Hillside Avenue area. Mr. Richards said he did not think the Board should be concerned about trading lots with Mr. Luongo 59x; I and an appraisal of his lots should be made . He said the most economical way for the Town would be to take Luongo' s lots . He stated tht the Board should have an appraisal and then it would have the price it would cost to build Buckman Drive and the price of the two lots . It was agreed that Mr. Snow should continue negoti- ations with Mr. Luongo. The Chairman referred to Mr. Carroll's letter and plan relative to access to the refuse_ disposal sites . Mr. Soule said his Board would have a preliminary look at the study of this area the first Monday in August . He reported that Mr. Snow' s first thought is to cross at Maguire Road would be unwise because of the traffic. The Chairman explained that the Selectmen would Access to like this settled as soon as possible . dump sites Mr. Snow said he did not think the Board had enough information to make a decision. He stated that the Planning Board has hired someone to assist him in mak ing a study and he will have a draft of the study by the first of August. Mr. Adams asked if a meeting with Cabot, Cabot & Forbes would be premature , and Mr. Snow replied that ' the question is whether this is to be done for the immediate purpose or if it is something the Tom wants to live with for the next twenty-five years. The Chairman explained that the Selectmen' s con- cern is acquiring access. She said there will have to be an appropriation requested in March for the develop- ment of one of these areas . Mr. Soule said he thought it was premature to enter into a discussion without seeing a plan. He said re- presentatives of Cabot, Cabot & Forbes could be invited to meet with the Board and talk with the people who are making the plans. He said he definitely would not make any commitment with them. The Chairman explained that setting up the dis- posalarea is a problem of the Superintendent of Public Works, and Mr. Soule stated that the road is the Plan- ning Board' s problem. The Chairman said that the Board wpuld be hea^ing from Cabot, Cabot & Forbes relative to a meeting on July 24 and the Board would be interested in seeing the study. The Planning Board retired at 11:05 P.M. Mr. Carroll referred to the Air Force water e con- tract and reported that the flow tests were run Thursday Immo and he will have a letter from Whitman & Howard to- morrow. He explained that he and Mr. Stevens would like to arrange a meeting so they will have some thing for two weeks from tonight . If he receives the letter from Whitman & Howard, a meeting could be scheduled with the Air Force . Mr. Adams reported that he had inspected Mr. Bank' s property on Simonds Road and said in his opinion nothing further should be done by the Town. Mr. Carroll retired at 10:05 P.M. Letter was received from the State Department of Public Works, in reply to the Board' s letter of May 17 relative to the visibility problem for eastbound vehicles Traffic on Route 4 at the intersection of Hartwell Avenue . It is the Department' s opinion that while any restriction of either head "C" or "D" is undesirable , sufficient visibility is provided under the existing arrangement. A draft of an advertisement for an Administrative Adm. Assistant was presented by the Chairman and approved Assistant by the Board. A copy of Mr. Lurvey' s letter to Mr. Irwin, rela- tive to baking odors at Marshall' s Bakery, was received. Complaint Decision relative to complaint made to the Board was held over pending receipt of a report from Mr. Irwin. Letter was received from William T. Donahue, 3 Flintlock Road, advising that he desired to participate in the Town 's insurance commission. Insurance If. for any reason any agent now connected with the insurance program drops off, the Board will con- sider Mr. Donahue ' s request to be included in the list of participating agents . Letter was received from Mr. Donald K. Irwin, Building Inspector, recommending a charge of $1.00 for copies of the combined Building, Plumbing and By-Law Sign By-Law. charge Upon motion duly made and seconded, it was voted to establish the price of $1.00 for the combined Building, Plumbing and Sign By-Law. Upon motionduly made and seconded, it was voted to certify Richard Burns' application for a Peddler ' s 597 License, satisfactory character reference having been received from the Chief of Police . Licenses Upon motion duly made and seconded, it was voted to grant an Intelligence Office license to Donald P. Dow, at 9 Muzzey Street, satisfactory character refer- ence having been received from the Chief of Police . Upon motion duly made ands,Scoped, it was voted Jury List to adopt the Jury List 'f''or 1961. Information was received from Chief Rycroft per- taining to six applicants for the Women' s Safety Patrol. Police The Board preferred not to make any appointments Women without interviewing the applicants . The meeting adjourned at 11:35 P.M. true record, Attest : 1 s. e tiv Cler., Select ii=n 4' v Cat