HomeMy WebLinkAbout1961-12-26-BOS-min SELECTMEN' S MEETING
December 26, 1961
A regular meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building,
on Tuesday, December 26, 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 .
Mr . James J. Carroll met with the Board for the
drawing of two jurors : Edward L . Gilfix, 42 Peacock Jurors
Farm Road and Norman G . Fletcher, 36 Moon Hill Road,
were drawn for jury duty .
Mr. Carroll retired.
Hearing wss declared open upon petition of the
Boston Edison Company and the New England Telephone
and Telegraph Company for permission to locate one
pole , six guy wires and anchors on Hartwell Avenue . Pole
Mr . Serverson, representing the Boston Edison location
Company, and one other gentleman were present .
Notice of the hearing woe mailed to the peti-
tioners , owners of property as listed on the peti-
tioners ' plan and also filed with the Superintendent
of Public Works .
Mr. S rverson explained the proposed locations
and reason for the request .
Mr . Carroll said that the proposed pole , guy wire
and anchor locations would not interfere with the Town' s
use of the road.
No one being present to speak in favor or in op-
position, the hearing was declared closed .
Upon motion duly made and seconded, it was voted
to grant the petition and sign an order for the follow-
ing pole , guy wire and anchor locations:
Hartwell Avenue , southeasterly side, approximately
465 feet southwest of Maguire Road.
One pole . Six guy wires and anchors .
Hearing was declared open upon petition of the
Boston Edison Company for permission to locate one
pole on Laurel Street .
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Mr. Serverson, representing the Boston Edison I
Company, was the only person present at the hearing .
Notice of the hearing was mailed to the peti-
tioner, owners of property as listed on the petitioner ' s
plan and also filed with the Superintendent of Public
Works .
Mr . Serverson explained that there are poles in
old Reed Street and old Laurel Street that the company
desires to take out . It is the intention of the company
to take out four poles and replace them with one pole .
No one was pres ,nt in favor or in opposition, and
the hearing was declared closed.
Upon motion. duly made and seconded, it was voted
to grant the petition and sign the order for the follow-
ing pole location, having been approved by Mr . Carroll:
Laurel Street, northwesterly side, approximately 25
feet northeast of Reed Street, --
One pole .
Petitions were received for j/o pole locations in
Hathaway Road, Blueberr` Lane , Turning Mill Road,
Outlook Drive , Hartwell Avenue , Sedge Road and the
abandonment of two poles on Reed Street .
Mr . Carroll reported that the only petitions he
Pole approved were Blueberry Lane , Hartwell Avenue and
locations Reed Street .
Upon motion duly made and seconded, it was voted
to grant the petitions and sign the orders for the
following j/o pole locations and abandonment :
Blueberry Lane , northeasterly from a point approximately
37 feet northeast of Tyler Road, --
Fifteen poles , guy wire and anchor on eighth pole ;
Hartwell Avenue , southeasterly side , southwesterly
from a point approximately 78 feet southwest of
Bedford Street, --
Three poles .
Reed Street, northeasterly side, northwesterly from
a point approximately 283 feet northwest of
Acorn Street .
Abandonment of two poles .
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Mr . Stevens advised that he had prepared two
Orders of Taking of the water line easement. The
first easement runs from Marrett Road to Bridge Street,
most of which goes through private land . Mr . Carroll Water ease-
indicated the location on a plan entitled "Plan of ment
Water Easement from Marrett Rd. to Bridge St . Lexington,
Mass ." , dated October 26, 1961, and explained that the
taking has to be made because the property owners will
not grant an easement .
Upon motion duly made and seconded, it was voted
to adopt an Order taking water easements in a strip of
land extending from Marrett Road to Bridge Street.
The second Order of Taking is in Bridge Street
from Waltham Street up to the far side of Valley Street
and then in Morgan and Jean Roads .
Upon motion duly made and seconded, it was voted
to adopt an Order taking water easements in a parcel
of land in that portion of Bridge Street that extends Water ease-
from Waltham Street westerly to a line that is an ex- ment
tension across Bridge Street to the westerly line of
Valleyfield Street and then all of Morgan Road and all
of Jean Road .
Mr. Stevens reported. on the status of the M.D.C .
water contract .
Mr . Carroll reported that he estimates the cost
of constructing Richard Road from Pollen Road to beyond
Robbins Road, including drainage , to be 0.0, 000; Lexing-
ton Avenue , including drainage c:15, 000; Locust Avenue ,
$1580 and the construction of a dry sewer $12,500 . Street
Upon motion duly made and seconded, it was voted acceptances
to propose the layout of these streets as town ways;
Mr . Carroll to prepare the plans and Mr. Stevens to so
advise the Tower Trustees .
Mr. Stevens reminded the Board that when a street
is laid out and accepted, it becomes the Town ' s responsi-
• bility.
Mr . Stevens referred to the suit pending against
the Town for deranges for taking a sewer easement on two
parcels of land owned by James A. Carsig. He presented
a plan showing the percels . He explained one betterment
amounts to $252 .97 and the assessment was made on the
assumption that the lot could be combined with other
land making a buildable lot . The other betterment
amounts to $L26.71 and this assessment wah also made on
the assumption that the parcel could be combined with
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other land making a buildable lot . He advised that the
two lots were created by the construction of Route 2 and
reported that Mr. Carrig is willing to accept abatement
of these betterments and, dismiss the suit . He said it
would seem appropriate to agree to abate these if Mr .
Carrig will give theTown a proper plea to dismiss the
suit .
Cratements Upon motion duly mace ,and seconded, it w -s voted
to abate the betterment assessment on Lot 39 Cambridge-
Concord Highway in the amount of y252 .97 .
Upon motion duly made and seconded, it ws voted
to abate the betterment assessment on an unnumbered
lot on Lawrence Lane in the amount of U426. 71 .
Mr . Carroll reported on the snow storm on Sunday
and Christmas Day and said that he would need an addi-
tional €;14,500 which includes hired equipment that will
Transfer be working Wednesday . He said the hired equipment should
work, but if the Board decided against it, the amount of
transfer would be reduced.
Upon motion duly made and seconded, it was voted
to request the Appropriation Committee to transfer the
sum of 0_4,500 from the Reserve Fund to the Snow Removal
Account .
Letter was received from Mr. and Mrs . Joseph L.
Gillis, 140 Cedar Street, claiming darages for the amount
of land taken by the Town in the process of widening and
constructing Hamblen Street.
Claim It was agreed to have Mr. Carroll and Mr .Staples
look into the subject and report at the next meeting
of the Board.
The Chairman read a letter from Mr . Alfred P.
Tropeano advising thct he had been consulted by Claudia
Claim L . Dalrymple , 20 Fletcher Avenue , regarding a claim for
personal injuries sustained by her daughter when she ran
into a cable stretched between the posts off Park Drive ,
opposite the skating rink:
Upon motion duly made and seconded, it was voted
to refer the claim to Town Counsel .
Mr . Carroll reported that he had checked with the
School Department relative to the Fiske School PTAs
School request for street lighting and they are referring to
lighting lighting the driveway in from Colony Hoed. He advised
that he has asked the Boston Edison Company for an
estimate of the cost.
Messrs . Stevens and Carroll retired at 8 :45 P.M.
Mr . James J. McDevitt, his son and three other boys
met with the Selectmen. Mr. McDevitt had claimed damages
which he stated had been sustained by his automobile when
it was involved in a collision with a police cruiser . Mr .
Stevens, after completing an investigation, was of the
opinion that the officer who operated the cruiser was
not at fault and that neither he nor the Town is liable Claim
for an y damages to Mr. McDevitt ' s car .
Mr . McDevitt said he asked to meet with the Board
tonight to find out what the decision was based on.
The Chairman explained that the Board refers all
such claims to the Town Counsel.
Mr . McDevitt asked if he could see a copy of the
Police Report and the Chairman replied th t the Town
Counsel has the report .
Mr . McDevitt said this dragged on for about a
month before any action was taken. He asked if the
Board would be interested in hearing the stories of the
boys . He said he was prepared to go to court because
he felt the Town is liable .
The Chairman suggested_ that Mr.McDevitt talk to
Mr. Stevens .
Mr. Richards explained to Mr. McDevitt tha:the
Selectmen' s records are open for anyone who wants to
read them and the records may be used at a later time .
Mr.McDevitt said he had not talked with these three
boys as to what they have to say and stated that he has
enough confidence in them to have anyone ask them
cuestione .
Mr. Adams said that the proper approach would be
to contact the Town Counsel.
Mr. McDevitt and the boys left the meeting.
Mr. Elroy Dalrymple , Lexington Cab Company, and
Mr . Paul Rivals, Minute Man Cab Company, met with the
Board relative to additional parking space for cabs .
Mr. Rivals said that on the side where his office
is, there are three spaces from the office out to the
street , and if they could have those three and one addi-
tional on the other side, it would help some . He said
if the cabs are parked behind the depot, the customer
has to wait until the driver goes after the cab.
Mr . Dalrymple said his cabs are parked on the other Taxi stands
side of the depot .
Mr . Rivals said he keeps his cabs on the other side
of the depot or any place he can .
Mn. Cole asked how many spaces they wera requesting,
and Mr . Rivals replied that they have two each now and
would like four each, a total of eight spaces . He said
three on his side and one on the other side would take
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would take care of them.
Mr. Ferguson asked how many people they picked up
in a day, and Mr. Rivals replied about fifty. He said
he takes people from their homes to the center . About
25% of them go to the stand andthe other 25% call up.
He said when the cars are in the parking_ lot, the people
are waiting until the car is taken from the lot .
Mr. Richards said thst the Town is putting in a
$15, 000 crossover that should be of some help.
The Chairman said that parking is very limited for
the Central Block as it is .
Mr. Rivals referred to licenses for taxi drivers
and said that if a man leaves or is discharged, it means
he will have a car idle until another license can be
obtained and asked if another driver could be hired
until the license has been acted on.
Mr. Richards said it might be possible to obtain a
temporary per-pit .
Mr. Adams said he thought there should be a quick
check with the police before issuing a temporary license .
Messrs . Dalrymple and Rivais retired at 9 : 08 P.M.
Decision relative to additional parking spaces was
held over until the subject has been discussed with Mr.
Carroll .
It was greed to adopt the following procedure rela-
tive to issuance of temporary taxi driver permits : •
1. File an application and pay the fee .
2 . Applicant can obtain temporary permit
within 24 or 48 hours .
3 . If the Board finds the applicant has
a record, the employer is to be notified
Taxi Driver that the license has been revoked and
licenses should be returned immediately.
4. Temporary permit good for 15 days .
It was agreed to amend the applications for Taxi
Driver Licenses by adding the following :
Is this application for a temporary permit?
Has your license to operate ever been sus-
pended or revoked?
Have you been a defendant in a criminal
action other than a parking violation in
which you were not acquitted.? If so, for
what reason?
The Chairman read a letter from Brewer & Lord rela-
tive to distribution of:commissions on the fire insurance •
schedule .
Upon motion duly made and seconded, it was voted Insurance
to give the 1 .25% formerly allocated to Leslie H. Bull,
now retired, to John F. MacNeil .
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen' s Meeting held Minutes
on December 18, 1961, as amended.
Letter from The National Cash Register Company, Business
the unsuccessful bidder on two accounting machines, Machines
was noted and placed on file .
Upon motion duly made and seconded, it was voted
to sign an application, certifying to the character of Cert . of Inc
Liese Rosenblum, 28 Patterson Road, who has applied for
a Certificate of Incorporation. Satisfactory character
reference was received from the Chief of Police .
Letter was received from Valeri Construction Co . ,
Inc . , together with sketch of what is proposed insofar
as combining certain tax title lots on Sylvia Street is Tax title
concerned.
Upon motion duly made and seconded, it was voted
that a proposal to sell lot 11, part of lot 10, lots
22-25, inclusive , 69-71, inclusive , on Sylvia Street
be advertised in the Lexington Minute-man and th.-t
further consideration be given the offer on January 8,
1962 .
Upon motion duly made and seconded, it was voted
to set January 15, 1962 as the closing date for re - Closing date
ceiving articles to be inserted in the warrant for the
Annual Town Meeting in March .
Upon motion duly made a? seconded, it was voted
to grant the following licenses :
Morris Motors 4OO , a tbam St 2nd Class gen_
Rowe Jackson Chevrolet, Inc . 39-4i Bedford St . ist Class atent
Dunn Ford Sales, Inc . 409 Massachusetts Ave . " IF
Auto Engineering Inc . 436 Marrett Road
Howard D . Johnson Co. Route 128 Common Victualler
Woodhaven Country Stores ,Inc . 424 Marrett Road
Miller-Starrett-Fest & Assoc .
Inc . 594 Marrett Road Intelligence Off_ce
James R. Gannon Taxi Driver
William M. Belcher ct
William Campbell Mears
Louis S . Sala
Charles Lyon Sturdevant II `£
Fulton Stephan Butler ,T
Billy Gene Warren " Ti
Anthony Ferreira 249 Marrett Road Peddler
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Upon motion duly made and seconded, it was voted
License to deny a taxi driver ' s license to Robert C . Murphy,
denied 3 Snow Drive , Littleton, because of the record submitted
by Chief Rycroft .
Upon motion duly made and seconded, it was voted
L; cense to deny a taxi driver ' s license to Sylvester Modoono,
denied 378 Woburn Street , because of the record sub_mieted. by
Chief Rycroft .
Upon motion duly made and seconded , it was voted
Proclamation to issue a proclamation designating. January United
Cerebral Palsy Month .
Letter from Mr . Arthur Burrell, r- lative to an
Civil Defense evaluation of the Civil Defense program was held over
until the next . .seting of the Board.
The meeting adjourned at 10:55 P.M.
A true record, Attest :
,Executive Clerk, Selectmen