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HomeMy WebLinkAbout1961-09-05-BOS-min SELECTMEN 'S MEETING September 5, 1961 A regular meeting of the Board of Selectmen was held in the first-floor conference room, Cary Memorial Building, on Tuesday, September 5, 1961, at 7:30 P.M. Chairman Morey, Messrs . Adams, Richards, and Ferguson were present. Mr. Stevens , Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present . Mr. Cole arrived at 10:10 P.M. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of three jurors . The following individuals were drawn for jury duty: Donald H. Archer, Jurors 4.3 Peacock Farm Road; Gilbert A. Arnold, 3 Richard Road; Kenneth H. Messinger, 3 Valley Road. Mr. Carroll retired at 7:40 P.M. Upon motion duly made and seconded, it was voted to sign a contract, presented by Mr. Stevens, between Contract the Town of Lexington and James L. Douglass, for alter- ations to the existing Public Works Building. Mr. Stevens reported on the question of a violation of the Liquor Control Act, referred to him by the Board. He explained, under Chapter 138, Section 57, of the Liquor Control Act, that upon the conviction of the Violation holder of a license under this chapter of the violation of Liquor of any law relative to the business conducted under Control Act authority thereof, the court in which the conviction takes place shall send the licensing authorities and the AEC a certificate showing the time andplace of conviction. He explained that Section 64 of this Chapter authorized the licensing authorities after notice to the licensee and reasonable opportunity for him to be heard by them, to modify, suspend, revoke or cancel the license upon satisfactory proof that the license holder had violated or permitted a violation of any condition thereof, or any law of the Commonwealth. If the license is revoked, the holder is disqualified to receive a license for one year after the expiration of the term of the license . If he is the owner of the premises, no license can be granted for the remainder of the term. He stated that there is an appeal from any such action. He explained that Section 23 of this Chapter contains very broad powers authorizing the licensing authority to revoke or cancel a license for improper conduct or r- 'm'C tflt anything out of order in the carrying out the duties . He explained that the formal notice would come to the licensing authorities in the event of a conviction. It would come from the Court in which the conviction occurred. Mr . Stevens referred to Mr. James Zieff' s request for permission to connect to the storm drain. He said that Mr. Nickerson indicated that the Board of Appeals did not feel it had the authorit* to grant the variance under the By-Law but would do so if so advised by him Storm in writing that the variance could be granted. He ex- Drain plained that one of the bases on which the Board of Appeals may vary the By-Law is in cases whjre enforce- ment would involve unnecessary hardship and wherein desirable relief may be granted without substantially derogating from the intent and purpose of the By-Law. He said it seemed to him that it is stated that rain water conductors, surface or ground water or basement drainage shall not discharge into a sanitary sewer, nor connect into any storm drainage system of the Town. The Board of Appeals could not find that they could vary without derogating from the intent of the By-Law. Therefore , he felt it would exceed their authority. He advised the Board to be thinking about the possible change in the By-Law and suggested that Mr. Carroll submit some recommendations . Land Court Notice from the Land Court regarding a petition petition of Alton W. Willey was referred to Mr. Stevens . Copies of subpoenas, James A. Vitale , d.b.a. J. A. Vitale Company were received from Mr. Carroll, Town Clerk. Mr. Carroll explained that Mr. Vitale is claiming some extras . He has discussed the subject with Whitman & Howard. The claim was originally 48,000 which he felt he was entitled to but has reduced it now to ,2,000. Claim Mr. Carroll and Whitman & Howard do not feel Vitale is entitled to anything, and he reported that Vitale accepted final payment on the contract . Mr. Stevens explained that acdeptance , under the terms of the contract, acts as a release . Mr. Stevens agreed to answer the subpoenas . Letter was received from Mr . Tropeano, representing the Vinebrook Realty Trust, requesting release of approxi- mately twenty-five feet of a sixty-five foot easement cut- ting across Lot 8 on John Poulter Road. He suggested in- telease of serting an article in the warrant for the October 30 Meet- Sewer ease- ing to execute the release . ment Mr. Carroll presented a subdivision plan entitled "Vinebrook Meadows Section Two, Lexington, Mass ." Mr. Stevens explained that the easement was all the way through and located it on the plan. It appeared that the Trust desires to make Lot 8 a buildable lot. Mr. Carroll agreed to obtain more information and submit it to the Board at the next meeting. Letter was received from Mr. Tropeano, represent- ing the Vinebrook Realty Trust, stating that in order to connect Lot 3 on Waltham Street to the Town sewer, it will be necessary to run the line within the present Sewer lines of Waltham Street and probably within the land given by the Trust to the Town for the street widening. The Trust requested permission to install the sewer in the manner approved by the Town Engineer or if the Town prefers to install it, the Trust would reimburse the Town for the installation. Mr. Carroll presented a subdivision plan and pointed out Lot 3 and explained that the Trust is going to com- bine Lot 3 and Lot LF to make a buildable lot. He ex- plained that Lots A, B, and C are new sewered on the existing trunk sewer . Mr. Carroll said Mr. Tropeano is incorrect in referring to Lot E. Lot 3 will be connected into Worthen Road . The Chairman stated that Mr. Tropeano should correct his request and change it from Lot 3 to Lot D. Mr . Richards said it would seem feasible for him to connect . It was agreed to advise Mr. Tropeano to contact Mr. Noyes and Mr. Wenzelberger and ask him to submit a regular request for installation of the sewer under betterments . Letter was received from Rev. Harold T. Handley and John J. Garrity, Fence Viewers reporting that they Fence saw plans for a 4' chain link fence to be erected to Mr. Herzog, 34 Whipple Road, and found the projected fence to be legal and approve . Further consideration was given to letter of August 8, 1961, received from Mr. Toole , of the MDC , relative to payment of $8,277.50 by the Commission in lieu of perma- nent resurfacing. Agreemert Upon motion duly made and seconded, it was voted to accept the Commission' s terms whereby it will pay the Town of Lexington the sum of $8,277.50 in lieu of placing permanent resurfacing on trenches to be excavated under Contract No. 259-W (Water) in Pleasant Street, in that area of Concord Avenue extending from Blossom Street to Waltham Street and in Walnut Street in the area extend- ing from Concord Avenue to the point where the Commission' s water main enters the private way leading to -: its new water tank. Messrs . Carroll and Stevens retired at 8:35 P.M. — L Mr. Raymond White met with the Board relative to portion of Temporary Town Accountant. The Chairman explained that Mr. Blaisdell, Chair- man of the Appropriation Committee, had expressed in- terest in attending the meeting and planned to be pre- sent . The Chairman explained that Mr . Palmer, Town Accountant, had been operated on today and would be out of the office for a very minimum of a month and probably much longer. Town Mr. White stated that he was Town Accountant about Accountant sixteen years ago at the time Mr. Russell was called to active duty with the United States Army. He served as Town Accountant for three or four years and since that time has been connected with a manufacturing con- cern located in Hyde Park. The concern has recently moved to North Carolina and Mr. White did not want to move . The Chairman asked if he had followed any change of laws and he replied in the negative . The Chairman asked if he knew Mr. Herman Dine and he replied in the affirmative and stated that he knew Mr. Wardwell, Director of Accounts before Mr. Dine . Mr. Adams mentioned the Retirement Board and Mr. White stated that he was a member of the Retirement Board and had also served two terms on the Appropriation Committee prior to his appointment as Town Accountant . The Chairman explained that Mr. Palmer has not been well for some time and as a result, the work in the office is not up to date . Mr. Richards asked if Mr. White was in a position to start work immediately and he replied in the affirma- tive . Mr. Richards said the Board would have to obtain funds from the Appropriation Committee and Mr. White ' s duties would include attending the Appropriation Com- mittee ' s meetings as well as the meetings of the Retirement Board. Mr. Adams stated that the Selectmen have no defi- nite information as to the length of time Mr. Palmer would be out . Mr. White said he assumed the work is the same as it was when he was in the office except that the Town is larger and it may be more involved. Mr. Blaisdell arrived at 8:50 P.M. The Chairman explained that the amount approved for the Accountant is $6200 per year and asked if that would be acceptable . Mr. White replied that it would on a temporary basis . He said he received substantially more than that before the concern for which he worked moved. Mr. Blaisdell said that presumably Mr . White would be appointed Temporary Accountant and he assumed Mr. Palmer would be kept on the payroll at full salary. Mr. Richards stated th t Mr. Palmer is entitled to 90 days sick leave . Mr. Blaisdell asked if Mr . Palmer ' s membership in everything would remain the same . The Chairman explained thatthe Acting Town Accountant would assume all the responsibility of the Town Accountant, including the Board of Retirement, according to Mr. Dine , Mr. Blaisdell asked what Mr. Palmer' s actual status was in the interim. Mr. Richards replied that he is on sick leave . Mr. Blaisdell said that Mr. Palmer is a member of the Appropriation Committee ex-officio, and it is assumed that he will be out for a period of time . The Chairman sugested talking about a period of two months . Mr. Blaisdell said there has been no request for sick leave or leave of absence for two months . The Chairman explained that Mr. Dine had informed her that the Acting Town Accountant would assume all the duties of the Town Accountant . Mr. Blaisdell asked if Mr. Palmer had actually applied for sick leave . Mr. Richards replied that he is out sick and Mr. Adams stated that he has reported in sick, The Chairman said that Mr. Palmer would have to satisfy the Board that he is able to resume his duties and not just come back to the office because he wants to. Mr. Blaisd41 asked if Mr. Palmer had reported in completely incapacitated. The Chairman replied that Mrs . Palmer has reported. She said the Board could appoint a Temporary Town Ac- bountant for a month at a time . Mr. Richards said he did not think that was neces- sary and felt that the Board should appoint an Acting Town Accountant for as long as the Board thinks there is a need. Mr. White retired at 9:05 P.M. Upon motion duly made and seconded, it was voted to appoint Mr . Raymond L. White as Temporary Town Ac- countant, effective Thursday, September 7, 1961, at the rate of S6200 per year. Mr. Carroll, Superintendent of Public Works, returned to the meeting at 9:15 P.M. 9a Letter was received from Mrs . Mary P. Seman, 134 Lovejoy Road, Andover, reporting that she struck a boulder on Walnut Street because the road is narrow and the boulders stuck out along the street. She had to Claim purchase new tires and felt that the Town should re- imburse her the $34.41 which represents the amount she had to pay after adjustment for replacement of the tires . Upon motion duly made and seconded, it was agreed that the Town is not responsible and no reimbursement can be made . Letter was received from Miss Virginia L. Sargeant, 4 Eustis Street, requesting extension of the sewer to her house . Mr. Carroll reported that the sewer will have to be extended 125 feet and said there is another house not connected but it could be . He said that last year she petitioned for the sewer but there was less than 50% Sewer signed and he explained to her the only possibility of connecting to the sewer would be for her to pay the entire cost, approximately $1200. He explained that this property cannot be sewered by Percy Road. Upon motion duly made and seconded, it was voted to advise Miss Sargeant that the only way her request can be granted at this time is for her to agree to reimburse the Town for the entire cost of the extension; otherwise request for the lateral extension should be ' -- signed by both the abutters to be included in the 1962 budget. Mr. Carroll reported on bids received for two basic snowfighter trucks . Snow Upon motion duly made and seconded, it was voted Equipment to accept the low bid of 423,200 submitted by Chas . N. Wood Co., Watertown, Mass . Mr. Carroll reported that an examination of the boiler in Cary Memorial Building showed the refractor inside the Boiler boiler to be in very bad condition. He received a certi- Boiler ficate of approval to operate the boiler this winter but Buiydiemem.ng it should be repaired, and has a report from the State Inspector recommending repairs to be made . An estimate of 4750 was received from Seltzer & Co. Inc . He said he is not sure that he will have enough money in his account to carry him to the end of this year, but he did feel that the repairs should be made . Mr. Richards asked if the boiler would go through the year and Mr. Carroll said they thought it would but would not guarantee it . sem` Upon motion duly made and seconded, it was voted to authorize Mr . Carroll to have the necessary repairs made to the boiler this year . Mr. Carroll read off a list of the streets in Town that have been constructed as Chapter 90 projects and reported that, according to the State Engineer, any street can be constructed under Chapter 90 providing it has been laid out by the County. Chapter 90 Chapter 90 maintenance is limited to streets that have been con- structed with Chapter 90 funds . He said he thought the basic steps should be taken to request funds this year or next year to reconstruct Massachusetts Avenue by petitioning the County Commissioners to lay it out. He said it will have to be reconstructed within the next two years and there is a serious drainage problem. involved. Upon motion duly made and seconded, it was voted Relocation to petition the County Commissioners for relocation and Mass . Ave . specific repairs to Massachusetts Avenue . Mr. Carroll reported that he had received a list of suggestions on reconstruction of Concord Avenue from the people in Five Fields as to raising the grade , moving the pavement and some other items. He went over them with the designer for the State who felt they could move the road slightly near the top of the hill and it might save a couple of trees . In the field the construction engineer felt something might be done with two or three other suggestions, but none of them will do a great deal about saving the trees. Concord Ave . He reported that 50 trees were posted to be removed and hearings were held today attended by the contractor, the State Engineer, Tree Warden and people from the area who followed along and objected. Mr. Carroll explained that any damages should have been settled when the road was laid out and stated that it would not be wise to spend $6,000 or 67,000 to build stonewalls . He reported that there is a provision in the contract whereby any stones will be pushed back onto the properties if a request is re- ceived in writing. He said also that he did not think the road should be less than 28 feet and if it is moved off center, it will cost several thousand dollars to replace the walls . He said he planned to take down the trees which should come down and to which there were no objections . Trees, where there is any possible chance of saving, will be left up so that if they have to be taken down, the people will have had an opportunity to see that it was necessary. r- 77, At the conclusion of the discussion with Mr. - I Carroll, letters from G. Richard Hendrick, Stephen Waldron and a memo from Messrs . Eisenberg, Waldron and Kingston, representing Five Fields Association, were noted. Upon motion duly made and seconded, it was voted that the Tree Warden be instructed to proceed with the removal of the trees as posted after another review on Wednesday with Mr. Carroll to determine which trees could be excepted from the list. It was further voted to write those people who raised written objections that requests, insofar as feasible , will be given con- sideration and any stones of the walls which will have to be disturbed will be moved back on their property, ., but not placed as a wall, if a request is made in writing. Copy of Mr. Stevens ' letter to Mr. Carroll was received relative to Mr. Reenstierna' s opinion as to Cemetery the market value of five lots in Westview Street, land which are being considered for addition to the Cemetery. Mr. Carroll stated that he would like to close the dump at five o' clock, effective October 1, rather than wait for Daylight Saving to become effective as Dump it will be dark at five before Daylight Saving time . Upon motion duly made and seconded, it was voted to close the Town Dump on Lincoln Street at 5:00 P.M. , effective October 1, 1961. Mr. Carroll brought up the subject of cross sections on subdivisions and upon motion duly made and seconded, it was voted that in the future all sections of Emerson Road and Worthen Road would be paved forty-four feet wide . The Chairman reported on the meeting with Mr. Carroll, Mr. Soule and Mr. Snow and said that it was suggested at that meeting that a layout of Worthen Road Worthen Rd. be made over the location of Wellington Lane to connect Route 2 to Route 2. She also reported she talked to Mr . Hue and wrote a letter to the State Department of Public Works . The Board approved the Chairman' s action. The Chairman read a letter from Mr. John B. Byrne , Jr., Gas Inspector, relative to permits and fees for gas fittings. Upon motion duly made and seconded, it was voted to establish the following schedule relative to permits and fees for gas fittings: 1. Permits for Gas Fitting shall be issued to Master Plumbers only, who must be Gas Permits registered with the Inspection Department. and Fees 2. Fees charged for Gas Fitting Permits;shall be comparable to fees charged for Plumbing Permits, namely, new construction, $2.00 plus 25% per fixture, and alteratinns, $1.00 plus 25% per fixture . Letter was received from Mr. Paul F. Reardon, 75 Woburn Street, advising that he would like to participate in the Town' s insurance program. It was agreed to advise Mr . Reardon that it is Insurance the opinion of the Board that the list of agents now participating is as large as desirable and no increase is anticipated. However, if for any reason any agent drops off, the Board will consider those who have ex- pressed the desire to be included. Letter was received from Brewer & Lord relative to Public & Institutional Property Form Town of Lex- ington. The subject was discussed and the Board Insurance questioned the proposed total of $13, 620,000. It was agreed to request a breakdown on the valuations and to consider the subject further at a later meeting. Letter was received from Mrs . D. S. Goddard, 1123 Massachusetts Avenue , requesting a signal light at the corner of Massachusetts Avenue and Marrett Road. Traffic It was agreed to have Mr. Carroll arrange for a taffic count and to so advise Mrs . Goddard. Letter was received from Mr. Irwin, Building Inspector, relative to his suggestion that a study be Fencing made of the problem of fencing private swimming pools . swiuuning Mr. Richards said he thought the Town would have pools to have a By-Law and he would file a report, as a member of the Committee appointed to study the subject, and suggest the adoption of a By-Law. Further consideration was given to Mr. Leon A. Burke ' s application for a license to operate a motor vehicle with attached observation carriages . Historic Mr. Adams left the meeting during the discussion. Tour train Mr. Richards suggested a public hearing at which time the townspeople could decide whether or not this r,d is a venture they would want. He said it is a subject that involves a great number of people in Town and he would like to know whether or not the people who are going to be subjected to the vehicle going past their houses would want it . He said if those people are in favor, and the Historical Society is in favor, he would have no objection . Upon motion duly made and seconded, it was voted to write Mr. Burke that the Board has agreed to hold a public hearing inasmuch as his proposed venture would involve a number of townspeople , and. give those people who are going to be subject to the vehicle going by their homes an opportunity to express their opinions; the expense involved and the responsibility of com- piling the names and addresses to be as:umed by Mr. Burke . Application was received from Donald W. Coleman, 19 Porter Road, Waltham, for a license to operate a License taxi . The Chairman read a letter from Chief Rycroft, and upon motion duly made and seconded, it was voted to deny Mr. Coleman' s request . Mr. Adams brought up the subject of paid holidays for the firemen and suggested paying them the same number of holidays that the men in the Public Works Department are paid for. Paid Upon motion duly made and seconded, it was voted holidays to advise the Commissioners that the schedule of vacations, paid holidays, and sick leave should be adapted by the Fire Department to suit the schedules of its personnel with the idea in mind that the personnel of the Fire Department will receive no additional benefits or no less benefits than any other employees of the Town. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen' s Meeting held on August 28, 1961. It was agreed to meet at the Chairman' s home on Thursday, September 7, at 8:30 P.M. for the purpose of considering applications for the position of Executive Assistant . This not being a regular meeting of the Board, it is not to be posted. The meeting adjourned at 11 :12 P.M. A true record, Attest : Executive Clerk, Selectmen ''