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HomeMy WebLinkAbout1961-12-18-BOS-min 210 c SELECTMEN'S MEETING December 18, 1961 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, December 18, 1961, at 7:30 P.M. Chairman Morey, Messrs . Adams , Ferguson, Richards and Cole were present . Mr. Stevens, Town Counsel, Mr . Carroll, Superintendent of Public Works, Mr. Staples, executive Assistant, and Miss Murray, Executive Clerk, were also present . Upon motion duly mace and seconded, it was voted to approve the minutes of the Selectrren' s Meeting held on December 11, 1961, as amended. Mr. Carroll asked if the Board planned to have an article in the warrant for the acquisition of the access from the land the Town owns to Grant Street. If so, he would concentrate on the surveying and preparation of a plan and asked if the Board felt he should include an item in his 1962 budget for construction. Parking Mr . Adams said the rate the Meriam Street parking area area is being used, additional space will be needed before too long and he thought it should be acquired . The Chairman said the access to Grant Street should be studied and a - eport submitted by Mr. Carroll. She said to make the parking lot 100% usable , she thought the access was desirable . Upon motion duly made and seconded, it was voted • to authorize Mr . Carroll to proceed with the survey for a second access to the parking area . Mr . Carroll said he had talked to representatives from the Temple Isaiah last Wednesday and they suggested that the Town relocate its easement as shown on a plan which he presented to the Board. He stated that insofar as he could determine , he could see no reason for not re- locating the easement, and reported that there would be no relocation of any utilities on Lincoln Street . He stated that there is a small length of pipe that will have to be Relocation of relocated but the cost to the Town would be very small . easement He asked the representatives if the Town agreed to relo- cate the easement and abandon the present easement, they would grant an easement to the Town with all damages being taken care of for F4 .00 and also grant to the Town a temporary way for construction . He reported that they _ will grant a right of way at no cost but would like it to expire by April first . 213 The contractor expects to be out of thec'e by April 1st . He said the Temple Board of Trustees voted to go along with this if the Town does . Mr. Richards said he understood it would not cost the Town any more to put the easement in as shown on the plan and he could see no objection. Article Upon motion duly made and seconded, it was voted to include an article in the warrant to abandon the present easement . Mr . Stevens presented an original and two copies of Contract No. 1961-6 forEngineering Services with Whitman & Ho .:ard covering their work on the Paul Revere Sidewalk. Contract Mr. Carroll explained that the work has already been done , but through an error, the contract was never submitted and the amount for engineering services has never been paid. Upon motion duly made and seconded, it was voted to sign Contract No. 1961-6 for Engineering Services with Whitman & Howard. Mr . Stevens referred to a claim against the Town filed. by Inez C . Gay in May, 1959, due to a defect in the sidewalk at Baker ' s store . He reported that the medical bill was $281 and he agreed on a settlement Claim of the case in the amount of x:300 subject to the Board ' s approval . Upon motion duly made and seconded, it was voted to authorize Mr . Stevens to settle the claim of Inez C . Gay for $300. Mr . Stevens said that, in connection with the Peacock Farm sewer, the Town made a taking through the land of Justin Shea for the sewer and also for land for Emerson Road. He showed the easement on a plan and stated that a claim for damages has been brought in the Superior Court and the case is pending. He said that rather than get Claim into the situation of paying damages for the sewer taking and at a later date desiring to acquire some of the land for Emerson Road, he has been trying to find out where Emerson Road is to be located. He submitted a plan show- ing Emerson Road and a sketch made by Miller & Nylander showing a subdivision of the land. He indicated where the easement cut through two lots and into a third lot and explained that Emerson Road would take out two lots and reduce another lot in size . He reported the-t Mr . Reenstierna appraised the land at ";4,000, and if the 214 r-• easement is extended, he thou, ht the damage would be only $200 more . He explained that he has not given these figures to Mr. Shea ' s attorney who is waiting to hear what the Town proposes . Mr. Ferguson asked how much land the Town would be buying and Mr . Stevens replied that there are 27, 920 square feet and 7200 feet in the additional piece on which Mr. Reenstierna placed a value of 200 . Mr. Ferguson asked if these lots, which are in low land, could be built upon. M .Carroll said there is a substantial amount of peat there . Mr . Stevens said this is the only claim left on this particular sewer job . Mr . Ferguson felt that the price was high for back land that is not developed at the present time . The Chairman said she would like to know what just an easement would cost. Mr. Stevens stated that the case is on the trial list now, but probably won' t come up this month. Mr. Richards was in favor of obtaining an appraisal on just an easement damage . Further consideration is to be given the subject at next week' s meeting. Mr. Stevens referred to street layouts in Follen Hill in connection with the acquisition of land from the Tower Trust, and reported that the Trustees want to dis- pose of everything they own. He advised that the Town would take title to the land within the streets that they still own except for the two streets that quite likely would never become town ways , Churchill Lane and Cedarwood Terrace . The Irustees have transferred those titles to the abutters . He reported that, unfortunately, he and the Trustees did not understand each other . The Street only plan he looked at, and which he assumed was the one acceptances the Trustees were talking about, showed the land from Follen Road down. However, the Trustees were talking about the whole development including Lexington Avenue which is not a town way, and in which the Trustees still own the fee , and part of Richard Road. When the Trustees sent him the deed, he said he had no authority to acquire the land . He said it would be expensive for them to take care of this the way they did •the other struts but they do want to close the Trust . He said the Board might consider whether or not this is the time to make those streets town ways . Decision was held over until next week ' s meeting. Mr. Stevens said the other street would be Locust Avenue and he assumed the Town would accept this too. 215 Mr. Stevens read a letter he received from Harold J. Toole , M.D.C . in which he referred to the new water service contract with the United States for furnishing water to Hanscom Field, and an agreement to be executed concerning the Town' s contribution toward the new 36-inch water main. He stated that this raises the question that if the Water M.D.C . extends this line that there be reimbursement to Waltham and Lexington. He said the theory upon which the Town is paying is because the line is for the ex- clusive berefit of Lexington and Waltham. Mr. Stevens referred to the abandonment of a portion of Lincoln Street and recalled that the question was raised as to the authority the Town has to relocate Lincoln Street in connection with the construction of Worthen Road. He reportedthat he talked with the County engineer to find out if the County would be in a position to do the engineering. They won' t be able to do it until next September and the Town can do it . Messrs . Stevens and Carroll retired. Mr. Alfred Colombo, Jr . and Mr . Paul Rivais, operator of the Minute Man Cab Company, met with the Board. Mr . Colombo wanted to appeal the Board' s refusal to grant him a Taxi Driver' s license . The Chairman explained that his application had • been denied because of the fact he had been driving a taxi without a license , and asked how long he had been driving without a taxi driver ' s license . License Mr . Colombo replied about eleven days . Mr . Rivais said he knew Mr. Colombo did not have a license, but it is almot impossible to get a man with a license and to get a license takes three or four weeks . The Chairman asked if Mr. Rivais now had men on the road without licenses , and he replied that there are some . Mr. Colombo said he thought the reason for deny- ing his application was because he had a small dispute with a certain police officer and if this was the case, he wanted to clear it up. The Chairman explained that the Board was unaware of any dispute . Mr . Rivais said he tries to exercise a reasonable control over the people driving cabs . The Chai_rr an said the drivers should apply for a license before they start driving a cab. 216 Mr . Colombo said driving a taxi is not a fuL_-time job and he felt he was being penalized for something he had nothing to do with. Mr. Rivais said he has a man who has been driving for eight years without a taxi driver ' s license . Mr . Cole said Mr. Rivais must have known that a license was required and Mr. Rivais said he thought the man had a license . Mr . Adams said that Mr. Rivais has left the responsibility of obtaining a license up to the indi- vidual. Messrs . Rivais and Colombo retired at 8 :45 P.M. It was suggested that the Chief of Police be directed to run a periodic check on taxi drivers ' licenses . Mr. Ferguson said the applicant was found to be operating without a license . Other members placed more responsibility on the cab company. Upon motion duly made and seconded, it was voted to deny Mr. Colombo ' s request for a license . The motion, however, was lost . Upon motion duly made an seconded, it was voted to grant Mr . Colombo a taxi driver ' s license . Two members were opposed. Messrs . Donald Noyes , Aiden Ripley and Edwin Worthen, of the Lexington Historical Society, met with the Board, M . Noyes stated that the subject to be presented concerned the Old Belfry and the Historical Society has discussed what might be termed the problem. The Chamber of Commerce a _croached the Society trying to improve the land area where the Belfry now stands . He reported on Old Belfry conditions in the area and the Belfry itself and stated that they feel this is an important building and the council voted to consider moving it down to the Common where it originally stood. Mr. Ripley reported that Edwin W. Small, of the Minute Man National Historical Park, seemed to be very much in favor of such a move . He said people coming to Lex- ington associate the Belfry with the Green. He said it would be almost, if not exactly, in the position it originally stood. He said it would be easier to protect it on the Green. Mr. Noyes said the Society would look to the Chamber of Commerce for money to move it . Mr. Adams said he thought this subject should be brought up at a Town Meeting, and Mr. Worthen agreed. The Chairman asked if the group felt this was some- thing that should come up this year, and Mr. Noyes re- • plied that he felt, and from the vote of the council, 217 that there should be something done imrrediately. Mr. Ferguson said he would like to know how the Society as a whole feels about this before inserting an article in the warrant . Mr . Noyes said if the Board includes an article in the warrant and the Society was not in favor, the article could be postponed. Mr . Ferguson explained that if the article is inserted at the request of the Society, the Society would have to present the article and should have complete information. The group retired at 9: 25 P.M. Mr. Stevens and Mr. Carroll returned to the meeting. The Sunday Blue Laws as they apply to New Year ' s were discussed were discussed and Mr . Stevens agreed to check she legal aspects . Mr. Stevens retired at 9:50 P.M. Letter was received from A . Schofield Corporation advising that tentative arrangements have laeen made for movingin four houses involved. the widening/Route 128, subject to the Bosrd' s approval . Permit Mr. Carroll received a copy of the letter and said the proposed routes met with his approval and he did not anticipate any difficulties . Upon motion duly made and seconded, it was voted to grant A . Schofield Corporation a permit to move a house from 397 Bedford Street to Hartwell Avenue ; a house from 736 Marrett Road to lot 16 Marrett Road; a house from 12 Wyman Road to the corner of Justin and Eldred Streets ; a house from 409 Bedford Street to Calvin Street subject to the following conditions : 1. Bond of 55, 000 on file . 2. Obtain individual permits from Mr . John J. Carroll, Superintendent of Public Works . 3 . Contact Chief Rycroft of the Police Department to arrange for the day and time of moving each house . L . Contact Mr . Nazerall, Park Superin- tendent . Further consideration was given to a reouest re- ceived e- ceived from Samuel Globe , President of Temple Isaiah, 218 M-e a> for the extension of the sewer to service a building Sewer to be erected. on Lincoln. Street . Mr. Carroll explained that he has included this item in his 1962 budget and said this extension would complete the Lincoln Street sewer from Five Forks . Further consideration was given to Mr. Belliziats letter relative to drainage causing damage to the Pine Drainage Meadows Country Club . Mr. Carroll reported tht he would write to the State Division of Waterways and ask if this subject could be reopened . Letter from Mr . Robert Cave , Fiske School PTA Board , requesting street lighting in and around the Fiske School was held over. Mr. Carroll reported that there are no poles lead- ing into the school from Adams Street which means the - Town would have to pay for poles . School Mr . Adams said he thought this item should be lighting taken care of by the School Department . Mr . Carroll agreed to obtain an estimate of the cost and also to discuss the subject with Mr . Spiris to find out how the School Committee feels about it . Letter was received from the Mystic Valley Gas Company requesting permission to extend a four-inch steel main in. Webb Street to serve gas to +`17 and Gas main future . Upon Mr. Cargolfs recommendation, the Board voted to grant the request . The Chairman reported, relative to Worthen Road connecting to Route 2, that she called Mr. McCarthy, Chief Engineer, State Department of Public Works, and told him that the Boards had run into many areas of disagreement . He felt that a discussion should be Worthen Rd . held and sa ..d that Mr. Olson would furnish the Board Route 2 with all the material he had at the Board' s convenience . She said that Mr. Snow would like an opportunity to discuss his plans, and today Mr. Olson said that all the interchanges had baen put in the hands of a con- sultant who might have some preliminary studies avail- able in a few weeks . The Chairman suggested designating a meeting with the Planning Board some night, at which time only the subject of Worthen Road would be discussed and it was agreed to plan some night after New pr ' s . Copy of a letter was received from the State De- partment of Public Works relative to the pedestrian " • interval at Woburn and Lowell Streets . The Clerk was instructed to send a copy to the Traffic Countryside Improvement Association. Letter was received from the HumEe Oil and Re- fining Company relative to the installation of a rectifier on Maple Street , a protective measure to combat a severe corrosion problem that prevails Rectifier throughout the pipe line from Everett to Dracut. on Maple St . Upon recommendation of Mr. Carroll, it was voted to approve the installation . Upon motion duly made and seconded, it was voted to grant the petitions and sign the order for the Pole following pole locations, all having been approved locations by Mr . Carroll : Taft Avenue , southwesterly side, at Tarbell Avenue , -- One (1) pole . (One existing JO pole to be ranoved) . Baskin Road, northwesterly from a point approxi- mately 28 feet northwest of Worthen Road, -- Thirteen (13 ) poles - guy wire and anchor on • first pole . Baskin Road, opposite and southeasterly from Loring Road, -- Four (4) poles -- guy wire and anchor on first pole . Tarbell Avenue , southeasterly side , southwesterly from a point approximately 190 feet southwest of Taft Avenue, -- Three (3) poles . (Three existing JO poles to be removed. ) Rawson Avenue , southwesterly side at and southeasterly from Albemarle Avenue , -- Two (2) poles . Rawson Avenue , southwesterly side at Rindge Avenue , -- One (1) pole . Permit - from Town of Lexington to Boston Edison Three (3) poles - Town of Lexington Parking Area The following pole locations, not approved by Mr . Carroll, were held over : Demar Road, southwesterly from a point approximately 17 feet southwest of Turning Mill Road, Four (4) poles . 2 A� 1y�1y, 41e+ aRM 220 _f. Pole locations (cont ' d. ) Maguire Road, northeasterly side , southeasterly from a point approximately 165 feet southeast of Westview Street, -- Four (Lr) poles . Guy wire and anchor on Lith pole . Brent Road, northeasterly from a point approximately 30 feet northeast of Hathaway Road, -- Four (4) poles . The Chairman reported on a meeting with Messrs . Wheeler from Cabot, Cabot & Forbes, John Carroll and Mr . Staples , relative to access to the sanitary land C . C . & F . fill area . At" this meeting, Mr . Wheeler was informed Fa.sement that the Town wanted a permanent easement for travel purposes across the land owned by Cabot, Cabot Sc Forbes on the southerly side of the Boston and Maine railroad for access to the proposed Sanitary Land Fill. Mr . Wheeler stated that Cabot, Cabot & Forbes would be agree- able to granting this easement to the Town upon the fol- lowing conditions : 1 . That they receive in writing from the Board • of Selectmen the assurance that the Sanitary ' Land Fill would be operated as a model land fill , with policing of papers, etc . to be done on a regular basis . 2 . That when the time came for the Town to es- tablish this easement as a public way, which would then divide this parcel into two sepa- rate lots and reduce the area below the mini- mum five acre requirements of the 11-1 District, that the Town would pay to Cabot , Cabot & Forbes for the land within the public way the amount of 15¢ per square foot, or providing that the land on either side of the public way had been sold at this time , the Town would pay to Cabot, Cabot & Forbes the same amount per square foot for which this land had been sold if that amount was less . The 15¢ pEr square IOOt was arrived at as follows : Cabot, Cabot & Forbes originally paid 10¢ per square foot for the entire piece of land owned by Reiss Associates and agreed to pay Reiss Associates 5¢ per square foot addi- tional at the time any land was sold. 3 . Providing the• conditions were net, the easement would be granted for the consideration of 'v'; l.00j 221 The Chairman also reported that Mr . Wheeler, at the meeting, requested that the Town reconsider its idea of having an access from Hartwell Avenue to the sanitary land fill on the northerly side of the Boston & Maine Railroad. They suggested that possibly the area could be just as well developed with an underpass under the Boston & Maine Railroad connecting both the proposed sanitary land fill site and access to Bedford Street from the site on the northerly side . The location of any access in from Hartwell Road would affect their land development . It was agreed by the Board that the considerations of Cabot, Cabot & Forbes wished in exchange for granting the easement were too high and it was decided that an- other meeting would be held with Cabot, Cabot & Forbes to discuss this matter. If no progress is made at that meeting, the easement would be taken by eminent domain. Mr. Carroll retired at 10 : 30 P.M. Mr. Staples reported that he received two bids on business machines , both bidding on the same equipment Business and same amount of service . Burroughs Corporation Machines bid $11, 794.40 and the National Cash Register bid i42, 026 .58 . Upon motion duly made and seconded, it was voted to accept the low bid of $11, 794.40 submitted by Burroughs Corporation. Mr. Staples reported that he received a price of ' 6455 on an Addressograph machine . Addressogranl Upon motion duly made and seconded, it was voted Machine to accept the bid of $6455.00 for an Addressograph machine . Mr. Staples reported that a regte.st had been initiated by the School Department for an increase in the Blue Cross coverage of which the Town pays 50% and stated th- t the proposed increase would cost the Insurance Town approximately $7, 000 . He agreed to find out more detailed information and report at the next Board meeting. Letter was received from the Valeri Construction Clonpany, Inc . , of Arlington, offering $1, 000 for part of lot 10 and lot 11 on Sylvia Street; $2,000 for lots 'GJ inclusive , on Sylvia eStnbatm . $2,,00Tacfor lots 69.71,.= Mr . Staples reported that he and Mr . Adams had looked at the lots . He also reported that there is *inclusive, located on Sylvia Street . 222 no sewer available to lots 22 through 25, but there Tax title is sewer available to the other lots . It was agreed to advise Valeri that the Board does not consider selling small lots unless they are com- bined, and if it is the decision of the Board to dis- pose of them, it would expect that they would be com- bined into sixty-foot lots . It was also agreed to ask them to submit a sketch of how they propose to use the lots . Mr. '?vert Fowle ' s resignation as Operations Officer in the Civil Defense Department was accepted with re- Resignation gret with the hope that Mr . Fowle would continue his association with the department . F:o dside The Chairman read a letter, dated December 15, stands 1961, from Mr. Nickerson, Chairmen of the Board of Appeals , relative to roadside stands . Upon motion duly made and seconded, it was voted to certify the character of Lawrence G . Gould, 134 Cert . of Inc . Burlington Street, who has applied for a Certificate of Incorporation, satisfactory character reference having been received from the Chief of Police . Upon motion duly made and seconded, it was voted. to grant the following licenses : Meredith Foods , Inc . 321 Woburn St . Common Victualler Countryside Pharmacy 317 Woburn St . Geoffrey' s Pharmacy 316 Marrett Road Colonial Garage 1668 Mass . Avenue 1st Class ` ent Charles Tamulaites 28 Vine Street Taxi driver Urnest L . Reese 1 ieriam Street " " Joseph A . Costa 58 Ivan Street " 1t Frederick W. Doak 7 Stetson Street " Herbert U . Hutchinson 181±7 Mass . Avenue " 'T Stuart C . MacDonald 29 Deering Ave . Howard 1 . Fogg 181_7 Mass . Avenue r n D . George Zwicker 17 Bowman Street Dump Permit The meeting adjourned at 11:15 P.M. A true record, Attest : ' xecititive Clerk, Selectmen