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HomeMy WebLinkAbout1962-04-23-BOS-min 371 SELECTMEN'S MEETING April 23, 1962 A regular meeting of the Board of Selectmen was held in the Selectmen ' s Room, Town Office Building, on Monday evening, April 23, 1962, at 7:30 P.M. Chair- man Adams, Messrs . Richards, Brown and Burnell were present. Mr. Staples, Executive Assistant, Mr. John Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present . Mr. Cole arrived at 8:15 P.M. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate one pole on Bedford Street . Mr. Serverson, representing the Boston Edison Company, and Mr. Consilvio, representing the telephone company, were present at the hearing. Notices of the hearing were mailed to the peti- tioners, owners of property as listed on the petitioners' plans, and also filed:with the Superintendent of Public Pole Works, location Mr. Serverson explained that the proposed location is to clear the entrance to a driveway. Mr. Leroy W. Noyes, 100 Bedford Street, was the only person present at the hearing and wished to be recorded in favor. The hearing was declared closed and upon motion duly made and seconded, it was voted to grant the peti- tion and sign the order for the following j/o pole lo- cation: Bedford Street, southwesterly side, approximately 132 feet southeast of Shirley Street, -- One (1) pole . (One existing JO pole to be removed) . Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission tc locate one pole on Massachusetts Avenue . Pole Mr. Serverson and Mr. Consilvio were pressnt. location Notices of the hearing were mailed to the petitioners owners of property as listed on the petitioners' plan, and also filed with the Superintendent of Public Works. Mr. Serverson explained the proposed location is necessary due to the new location of Massachusetts Avenue 372 '-C tT and the pole will be put back in line . No one was present in favor or in opposition. The hearing was declared closed and upon motion duly made and seconded, it was voted to grant the peti- tion and sign the order for the following j/o pole lo- cation: Massachusetts Avenue, southerly side, approximately L170 feet east of Wood Street, -- One (1) pole. (One existing JO pole to be removed. ) Mr. Consilvio referred to the cloverleaf at Bedford Street and Route 128 and explained that the telephone company has a cable twenty-nine feet in Eldred Street Bedford St . and that the conduit has to be relocated because ex- & Rte. 128 cavation will be eighteen feet below the conduit line . He st t ed that the State, in cooperation with the tele- phone company, has granted permission and permission must be obtained from the Town, a petition for which will be presented to the Board. Mr. Carroll explained that Bernard Street is being cut off and the grade is being dropped about eight feet . The Board had no objection to the proposed relo- cation. Mr. Stevens arrived at the meeting . Hearing was declared open upon petition of the Boston Edison Company for permission to locate a guy wire and anchor on Wood Street. Mr. Serverson, representing the petitioner, was present . Notices of the hearing were mailed to the peti- tioner, owners of the property listed on the petitioner' s plan, and also filed with the Superintendent of Public Guy wire Works. and anchor Mr. Serverson presented a plan and explained the location of new Massachusetts Avenue and old Massachu- setts Avenue . He stated that the company proposes to come down Wood Street and continue up Massachusetts Avenue picking up the existing facilities. No one was present 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 fol- lowing guy wire and anchor location: Wood Streit, easterly side, approximately 261 feet north of Massachusetts Avenue, -- One (1) pole--Guy wire and anchor 31(3 Hearing was declared open upon petition of the Boston Edison Company for permission to locate two poles, a guy wire and anchor on the first pole, on Wood Street . Notices of the hearing were mailed to the petitioner, owners of the property listed on the petitioner's plan, and also filed with the Superintendent of Public Works . Mr. Serverson e<ro lained that the pole is now in Massachusetts Avenue. Poles, guy No one was present in favor or in opposition and wire and the hearing was declared closed. anchor Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the fol- lowing poles, guy wire and anchor locations. Messrs. Serverson and konsilvio retired. Mr. William F. Ash, 96 Laconia Street, met with the Board. It is proposed to acquire Mr. Ash' s pro- perty for a school site. Mr. Ash said he could not let his property go for $9600.00 as he is disabled and has to have a place to live. He said he just spent money to have water put in the road and installed a new heating system. The Chairman asked if he had some conversations with the Planning board, and Mr. Ash replied that he had talked with Mr . Snow. The Chairman asked how much the property was as- sessed for, and Mr. Ash said he could not remember, but he thought his bill was around $300. The Chairman asked if he had any figure in mind, Ash land and Mr. Ash replied that he could not find a house for Laconia less than 518,000. Street Mr . Richards asked how long he had lived there and he replied since 1941. Mr. Richards asked about the size of the land, and Mr. Ash replied it is 150 ' x 150' . Mr . Richards asked if the right-of-way went through Monsignore ' s property and Mr. Ash replied in the affirma- tive. Mr. Richards asked if he had a garage or if it was just a single lot, and he replied, a single lot . He said the house is between thirty and thirty-five years old. Mr. Ash said he was willing to do business with the Town but he has to have a house. The Chairman asked if he worked for the State and he replied in the negative. He said he has worked for a contractor about thirty-two years . He said he has not worked since last summer. 374 r �-C Mr.Stevens explained that the School Sites Com- I mittee has recommended this area be acquired and Town Meeting has voted authority to the Board to acquire it . He stated that usually the Board tries to arrange to acquire property by agreement with the owner. However, if the values are too far apart, it is left for the court to determine. He said the question is not what it would cost Mr. Ash to buy a house, but what this house would sell for if he were offering it for sale to someone who wanted to buy it . Mr. Ash said he was offered 815,000 for it last summer. Mr.Brown asked if he had the property appraised, and Mr. Ash teplied in the negative . Mr.Burnell said that would be the next step, for Mr. Ash to have it appraised. Mr. Stevens explained that the Board could pay what the fair market value of the property is at this time and said Mr. Ash should have someone qualified advise him what the value is. Mr. Ash said he wanted to be fair but could not buy a house for $9,000. He said he wanted enough money to buy another house . Mr. Ash retired at 8:08 P.M. The Chairman read a letter from Mrs . Marion Modoono, Florida, stating that by reason of a water easement taken on Lot 2, Waltham Street, she suffered Claim damages in the amount of 8500. Mr. Carroll presented a plan and indicated the Modoono property, a drainage easement and the water easement. It was agreed to advise Mrs. Modoono that the Board reviewed the matter, that the area of the water easement is small and entirely within the drain ease- ment acquired by the Town years ago and that it cannot see there has been any damage to the property because of this taking. The Chairman read a letter from Donald P. Kourian and Barbara A. Kourian, 124 Grove Street, requesting settlement in the amount of $500 for a slope easement . Kourian Mr. Carroll presented a plan entitled "Plan of claim Slope Easements" in Grove Street, March 23, 1962. He said Mr. Kourian wanted a tree saved and it was saved. He explained that a two to one slope could be made but that would necessitate removing the tree. It was agreed to advise Mr. and Mrs .' Kourian that the Board has looked into the matter and can't see that any damage has been done, the Town having acquired only the right to slope. 4 The Chairman reported that Mr. Edward Cataldo called the office and stated he was going to apply to the Historic Districts Comiission for a hearing and then request a Board of Appeals ' hearing relative to the sign now being maintained in connection with the nursery at 1265 Massachusetts Ave nue . Cataldo It was agreed to advise Mr. Cataldo that what sign the Boa-2d wanted was for him to come up with some reasonable solution to either remove the sign or changing it in such a way that it would be acceptable to the Town; it being unacceptable in the presnt lo- cation. Mr. Stevens retired at 8:24 P.M. Chief Rycroft met with the Board and discussed briefly appointment of three Sergeants and the ap- pointment of one Lieutenant. Sergeant William G. Dooley met with the Board. The Chairman explained that the Board is con- sidering appointment of a Lieutenant this evening and wanted to meet the three top men on the Civil Service list. Police In reply to questions, Sergeant Dooley said Lieutenant he has been on the force thirteen years, most of his work has been in the cruiser, has had court experience and has been a Sergeant for six years . Sergeant Dooley retired and Sergeant Paul E. Furdon met with the Board. In reply to questions he said he has been on the force ten years, has been a Sergeant for seven years, has been in the cruiser working outside most of the tine and has had court experience. Sergeant Furdon retired and Officer James J. Lima,Jr. , met with the Board. In reply to questions, Officer Lima said he has been on the force four years, has lived in Lexington all his life, was with the State Police four years, has been assigned to the cruiser and done some court work. Officer Lima retired. Upon motion duly made and seconded, it was voted to appoint Sergeant Paul E. Furdon to the position of Lieutenant in the Lexington Police Department, effective May 4, 1962, at a salary of $5,985.00 per year. Motion was made to request appointment of three Sergeants. 376 kNi.) r Mr. Richards pointed out tha a Sergeant' s position would be created, there being no vacancy. I Following a discussion on the subject, the motion was seconded and it was voted to request appointment of three Sergeants. Mr. Richards was recorded in opposition. Mr. Carroll returned to the meeting with Mr. Alfred Busa. Mr. Busa presented a plan of a parcel of land, located on Massachusetts Avenue, about opposite Charles Street,which he said is owned by him and his brother, Busa drain . Dan - the A and D Realty Trust - and stated that there Mass. Avenue is a drain easement on the land. He explained that they plan to erect a block of stores and therefore were requesting the Board to relocate the drain easement . They do not want to build on top of the easement. Mr. Carroll explained that there is an open ditch there at the present time, piped under the railroad track to Mill Brook. He recommended abandoning the easement providing an easement of the same width is obtained and Mr. Busa agrees to pipe it so that there will be no open brook. Mr. Richards said he could see no objection to relocating the easement. Mr. Burnell asked if Mr. Busa would pipe the brook, and he replied in the affirmative. He said they would put a parking area there . In essence, the Board agreed to relocate the easement subject to the details being worked out by Mr . Carroll. Mr. Busa retired at 9:00 P.M. The Chairman read a letter from James M. Symons, 28 Hathaway Road, relative to a brook at the end of the road which he felt the Town should fence because Brook of the small children in the area. Mr. Carroll said this subject has come up before. It is a brook about two to three feet deep and three or four feet wide . The Chairman asked if the Town had ever fenced any brook, and Mr. Carroll replied the only one he knew about was in the Maloney subdivision and that is a large brook. The Chairman said there are a number of brooks in Town and this could be establishing an undesirable precedent . It was agreed to advise Mr. Symons that the Town has no control over this brook and no provisions have been made for the Town to fence brooks on private property. 377 Mr. Carroll said that one of his men wasinjured last November on the job but did not know at the time he was injured. He was lifting a manhole cover which resulted in a hernia operation. After the operation, he filed an accident report and the insurance company agreed that it was an industrial accident and they paid him $570. He had been paid sick leave of $900 and turned over the $570 to the Town. He was charged for sick leave and Mr. Carroll said it is his feeling that the man should only have been charged "'or a small portion of the sick leave for that period, say one-quarter of the time, and should be given a credit for his sick leave. He said when the sick leave policy was written, it was the intent that if a man were on Workmen ' s compensation , he would not be charged sick leave. He said he did not believe a person being paid Workmen' s Compensation should lose his sick leave. Mr. Richards asked if he wanted to make an ex- ception of what is the general rule because of the unusual circumstances. He stated that the individual has not been hurt except for the loss of some sick leave. Mr. Carroll said he was out forty or fifty days. The Chairman said if a change in the leave regu- - lations is considered, the provision for four weeks' vacation should be amended. He explained that employees working for the Town less than twenty-five years received three weeks ' vacation sooner than those working twenty- five years received four weeks' vacation. Mr. Richards said the regulations have been in effect for less than a year, and even though the section referring to sick leave did seem ambiguous to a degree, he thought it should remain as is until such time as the entire regulations are amended. Mr. Carroll agreed to bring in additional information pertaining to the employee being duscussed this evening at the next meeting. Mr. Carroll retired at 9:30 P.M. The Chairman read a letter from Mr. James J. Carroll advising that it is necessary for him to make a borrow- ing in anticipation of revenue and recommended borrowing $1,000,000. Borrowing Upon motion duly made and seconded, it was voted to authorize Mr. Carroll to borrow $1,000,000 in antici- pation of taxes . Letter was received from the Chamber of Commerce C of C advising that a four-man Building Study Committee had Building been appointed to further the Town' s need for facilities Study Comm. 378 "tilt to serve visitors who come to the Town . The committee would like to meet with the Board to discuss the subject. It was agreed toinvite the committee in next week. Letter was received from Russell E. McMakin, on K of C behalf of the Boston K of C Supreme Convention in August, convention requesting that the flags be displayed around the common on August 20 when he will be conducting a tour of Lex- ington. It was agreed to grant the request and also to have a representative of the Board present at the common to greet the visitors . Further consideration was given to offers for tax title lots in the so-called Colonial Heights Tax title development. Upon motion duly made and seconded, it was voted to reject all bids; the definite boundaries of the Historical National Parr k Service having not been determined. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen' s Meeting held on April 16, 1962. Upon motion duly made and seconded, it was voted License to renew Mr. Robert H. Starrett ' s Intelligence Office license at 594 Marrett Road, satisfactory character reference having been received from hief Rycroft . Upon motion duly made and seconded, it was voted to appoint the following individuals to serve on the Appointments Memorial Day and Veterans' Day Committee: Jerome F. Garrity, George E. Foster, Charles E. Parks, Lawrence E. Stone and Joseph Rooney, to replace Mr. Healy, if he is willing to accept. Upon motion duly made and seconded, it was voted Dog Officer to re-appoint Officer George W. Forten, Dog Officer, for a term expiring May 1, 1963. Upon motion duly made and seconded, it was voted to re-appoint Mr. Rufus L. McQuillan to the Board of Health for a three-year term expiring June 1, 1965. The meeting adjourned at 10:25 P.M. A true record, Attest: ;Executive Clerk, Selectmen � , '= Upon motion duly made and seconded, it was voted _ rroo-_nrVae( to re-appoint Mn William P. Fitzgerald to the Board of Fire Commissioners for a three-year term expiring May 1, 1965.