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
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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
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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.
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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.
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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.
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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.
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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.
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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
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, '= Upon motion duly made and seconded, it was voted
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to re-appoint Mn William P. Fitzgerald to the Board
of Fire Commissioners for a three-year term expiring
May 1, 1965.