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HomeMy WebLinkAbout1962-04-30-BOS-min 379 SELECTMEN' S MEETING April 30, 1962 A regular meeting of the board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, April 30, 1962, at 7 :30 P.M. Chairman Adams, Messrs . Richards, Cole, Brown and Burnell were present . Mr. Stevens, Town Counsel, Mr.. Staples, Executive Assistant, Mr. Carroll, Superintendent ;of Public Works, and Miss Murray, Executive Clerk, were also present . Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of two jurors . The following individuals were drawn for jury duty: Albert W. Jurors Chester, 214. ivinchester Drive; John J. Collins, Jr. , 11 Haskell Street . Mr. Carroll retired. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting held Minutes April 23, 1962. Mr. Stevens referred to the MDC water improvements and specifically the damage claims for the site for the water tank. He stated that there were two parcels taken; one from Murray Potter and the other from Thambash. He reported that the Potter case has been Claims assigned for trial on the 9th of May. He tried to talk to the Assistant Attorney General today, but he is away and expected back Wednesday. If he is not back, Mr. Lyons will get the folder out and call Mr. Stevens . Mr Stevens said, as the Board would recall, he felt the appraisal they had through MDC was too high and wanted to know if they would use some other appraiser if the Board wished them to do so. Mr. Richards reported that he talked to Mr. Stevens about this today because it is his office that has the Potter claim, and the time had nearly elapsed for Murray Potter to file a claim for damages . Mr. Richards filed suit for him to protect his interest . He said his of- fice is handling this and he would not receive any fee. He explained that he called Mr. Stevens as soon as he heard the case was being pre-tried. At the pre-trial, according to notes, the Attorney General' s office re- ported they had two appraisals and had not discussed the 4.0 380 matter with anyone . He said they had Town Counsel' s letter but did not have one from Waltham. Mr. Stevens said they had one from Waltham and he had a copy. Mr . Richards reported that his office has made an offer to accept payment of $5500, taking into ac- count the fact there would be 8% interest, a small rebate on taxes, plus certain small costs Potter has been put to . He said the appraisal they have is somewhat more than what his demand is . He stated that he and Mr. Stevens have discussed this and there are certain ramifications . The road is being used by Potter . Mr. Stevens explained he is using it into his property. He explained that the garage is actually in front, although he doesn't use it . He has not lost any access to his garage . One of the appraisers has a figure of $4700 damages . He explained that the first thing to be determined is whether or not Murray wants the rights to use the road. The Chairman read a letter from the law firm of Sams, Anderson, Alper & Spencer, Miami, Florida, re- presenting Forrest Knapp in connection with a cMm Request for arising out of injuries sustained in an accident on medical June 20, 1960, requesting a copy of the medical re- report ports in connection with Mr. Knapp ' s retirement from the Lexington Police Department . An authorization for this medical information signed by Forrest Knapp was enclosed with the letter. Mr. Stevens advised that if the Board was certain of the signature, there would be no objection to for- warding the requested information. Further discussion was held relative to the ac- quisition of the property belonging to F ark' _ Ash Ash land and located at 96 Laconia Street. for school Mr. Stevens advised that it should be explained site to Mr. Ash that the land is needed for a school site and all the Town is authorized to pay is the amount of the detailed appraisal. Mr. Staples reported that it may be three or four pears before the Town is ready to use the land. Mr. Stevens explained that the Board could make some arrangement whereby Mr. Ash could occupy the house for a certain period of time. It was agreed that Mr. Staples would contact Mr. Ash and explain the situation to him. 381 The Chairman reported that Lawrence Witherell saw him last Friday and still thinks all betterments apply and wants to meet with the Board to discuss the subject. Mr . Witherell was disturbed because he received a bill for the payments to be apportioned and he did not know about them. Mr. Stevens explained that Eldred Street was built under betterments and before the betterments were actually assessed, Mr. Witherell sold his property. He said the betterment Mr . Witherell is talking about now is a sewer betterment . The Chairman said Ms. Witherell thinks the word betterment is for all betterments for all time. Witherell Mr. Stevens explained there is nothing in the betterments agreement that states Mr. Witherell would not have tc pay betterments. The Chairman agreed to talk to him again. Mr . Stevens retired at 8:25 P.M. Mr. and Mrs. Hamel, Lillian Road, met with the Board. Mrs. Hamel explained that they would like to have their drainage connected to the sewer . Mr. Carroll reported that the Hamels spoke to him Hamel drain- and he suggested that they discuss the problem with the age Board because of the fact there is a by-law requiring a house to be connected to the drain. He said he did not know whether or not the Board wanted to go into each individual case, and that part of Lillian Road is accepted. He presented a plan of the Hamel property and indicated the location of the drain. He explained that the drain could be brought to the catch basin across the street and he recommended that they be per- mitted to connect to the drain. He said they would have to hire someone who would be required to post a bond. Upon motion duly made and seconded, it was voted to grant permission to Mr. Raymond E. Hamel, 28 Lillian Road, to connect to the drain, the work to be done under the supervision of the Superintendent of Public Works. Mr. and Mrs . Hamel retired at 8:30 P.M. Upon motion duly made and seconded, it was voted to approve the following j/o pole abandonments and j/o Poles pole locations, all having been approved by Mr. Carroll: 3 poles Bernard Street, southeasterly side, northeasterly from a point approximately 26 feet northeast of Bedford Street . 382 .c to 1 pole Ivan Street, southwesterly side, approximately 71 feet southeast of Bernard Street . Paul Revere Road, southerly side, approximately 8 feet west of Harbell Street, -- One (1) pole. Paul Revere Road, southerly side, approximately 37 feet east of Harbell Street, -- One (1) pole. Paul Revere Road, southerly side, approximately 11 feet west of Asbury Street, -- One (1) pole. Paul Revere Road, southerly side, approximately 59 feet east of Asbury Street, -- One (1) pole . Lowell Street, westerly side, approximately 428 feet south of Laconia Street, -- One (1) pole. (One existing pole to be removed. ) Lowell Street, westerly side, northerly from a point ap- proximately 880 feet north of Woburn Street, -- Thirteen (13) poles . (Thirteen existing JO poles to be remcved. ) Lowell Street, westerly side, at and southerly from Laconia Street, -- Four (4) poles . (Four existing JO poles to be removed. ) Letter was received from the Mystic Valley Gas Company recau. esting permission to locate a 6 inch welded Gas main steel main in Lowell and North Streets. Mr. Carroll explained that he talked to Mr. Perry, Superintendent of Distribution, today and asked if he woa ld, subject to the Board' s ap_;roval, instead of dis- turbing the street , give the Town $1.00 a foot or pay directly to the contractor hired by the Town. He said he could resurface the street for about $1.25 or $1.50 per foot. Mr. Perry was agreeable to such an arrange- ment . Upon motion duly made and seconded, it was voted to grant the reauest for permission to locate the main and approve Mr. Carroll' s recommendation. The Chairman read a letter from Mrs. Anne B. O 'Brien, 5 Lawrence Lane, relative to an accumulation of water on the lot opposite her house. Mr. Carroll reported that he had been contacted by three individuals on this. He explained, going up Pleasant Street on the ]eft-hand side just off Lawrence 383 Lane, is a puddle of water . He stated the lot should drain under Pleasant Street through a small tile drain into land owned by DeVincent . He said the land has Water cora- been filled in over the pipe and he believed that is plaint causing the problem. He explained that he told these Lawrence Pam people to contact Mr . DeVincent and ask him to clean out the line as the Town is not involved. He said if, after the pipe is cleaned, and the problem is not solved, it may be that the pipe under Pleasant Street was broken during the MDC sewer project, but the engineer claims it was not broken. Mr. Richards asked if the lot being drained belonged to Mr . Carrig, and Mr . Carroll replied in the affirmative. The Chairman explained that if Mr. DeVindent is not willing to do something, it is upto Mr. Carrig, who owns the lot . Mr. Sherman Wolf, 3 Lawrence Lane, said his property adjoins the O 'Brien land and this situation constitutes a severe nuisance for the children in the neighborhood. He said his two year old youngster fell in the water up to his waist and stuck in the mud. He said the situ- ation should be corrected or the area fenced in. He said he wanted to know what action the abutters can take. He said he understood this is the first time water has ever accumulated and it may be from the sewer line which was run up Pleasant Street this year. The Chairman said that apparently a natural water way has been covered in. Mr. Carroll said it is his opinion that the accumu- lation of water is caused by the fill Mr. DeVincent had put on his property, and it does not concern the Town. Mr. Wolfe asked what they would do if Mr. DeVincent won 't open the pipe, and the Chairman replied that the next step would be to contact Mr. Carrig, owner of the lot. Mrs. Heinrich, Lawrence Lane, said she had contacted Mr . Carrig who told her it was no concern of his . She said she understood that filling in the DeVincent land has blocked the drain and he does not have to open it because there is no easement on his property for this drain. Mr. Carroll said it would not be too expensive for the Town to go into DeVincent ' s land to open the pipe . Mr. Richards explained that if there is too much fill, the Town can't open it and may find itself in the position of keeping it open. It was left that Mr. Carroll would contact Mr. DeVincent to find out whit he will do . 384 r. sC Mr. Carroll and the group present retired at 8:50 P.M. Messrs. Leslie York, Harold Handley and Donald Irwin, Chamber of Commerce Building Study Committee, met with the Board. Mr. York said it is the general feeling that a more appropriate information booth and a small space for a full-time individual should be provided. The Chairman said the subject of better facilities for tourists came up before, at which time, there was some discussion pertaining to aMuseum, and he thought Mr. Worthen had prepared a rough sketch. Tourist Mr. Handley said at the last meeting of the Historical facilities Society, it was stated that the Society had a gift of S1,000 which might be used for this. Mr. York said he talked to Mr. Donald Noyes who said a committee is being formed to look into the idea of a museum for the Historical Society. He asked if the Board approved of what the Chamber is attempting. Mr. Burnell replied that he is very much in ac- cord, and thought this was a long-overdue project, He . said there should be a museum and restrooms . The Chairman said that better toilet facilities would have to be in a supervised structure . Mr . Handley suggested using the barns at the rear of the Garrity house now being used by the Phblic Works Department . Mr. Richards said there is no question in regard to the need and some definite consideration would have to be given to the site and after the site has been determined, the nature of the building itself would have to be determined. After that , the source of the funds necessary for construction and control of the building would have to be worked out. He said he would not want anything like this to have any commercial ap- pea ance. It was agreed that the Chamber of Commerce would come up with dome definite recommendations as to the site and type of structure. The group retired at 9:20 P.M. The Chairman read a letter from Mr. Gordon Steele, Chairman of the School Sites Committee, advising that School Sites the Committee is concerned that the Town acquire the three school sites, as covered in the vote of the last Town Meeting. It was agreed to acknowledge the letter and tell Mr. Steele that the Town is making progress in the ac- quisition of the three sites and will advise him as soon as definite information has been obtained. 385 Further discussion was held pertaining to rates for towing submitted by Colonial Garage, Fitzgerald and Morris Motors. Towing It was agreed to have Mr. Staples discuss the charges subject with the Chief of Police. Letter was received from Mr. Spiris with sug- gestions for printing copies of the School Department Reports reports . Letter was received from James M. Symon, 28 Hathaway Road, with further reference to a brook at the end of the road. He suggested placing a fence across the street and up to the sidewalk which he Brook believed to be town property. Mr. Brown reported that he and Mr. Staples went over there the other day. He stated that the brook is under a culvert and the sidewalk slopes off onto dry land. It was agreed to advise Mr. Symon that members of the Board have looked at the brook and basically do not feel that Mr. Symon' s suggestion would serve any useful purpose. Letter was received from Perrie R. Collicut, 17 Pearl Street, relative to appointment of a mechanic for the Public works Department . Mechanic Following a long-established policy, the Board of Selectmen has left the hiring of men in the Public Works Department up to the Superintendent of Public Works. Letter was received from Edwin B. Worthen, Jr. with further reference to the condition of the letter- ing on the tablet of the Revolutionary monument on the Common. Tablet on Mr. Carroll said funds have been provided in his monument budget and he has obtained a price . Mr . Richards suggested investigating the possi- bility of a bronze tablet due to the fact that the letters, now incised in marble, have to be recut every few years. Mr. Carroll reported on bids opened today at 4:00 o 'clock for sidewalk work. Sidewalk Upon motion duly made and seconded, it was voted bids to award the contract to the Malden Paving Co. , Inc . , the low bidder, in the amount of $3,235.00. 386 r- -‹ Mr. Carroll referred to sick leave for Mr . Longleway, a Public Works ' employee, which was discussed at last week' s meeting. He said Mr. Longleway wa,i out fifty-one working days and according to his computation, he should be credited Sick leave with thirty-two of those days. He explained that he proportioned the Workmen ' s Compensation to the total amount of money Mr. Longelway was paid by the Town. The Chairman said Mr. Carroll was establishing a policy whereby when a than is injured in line of duty he receives credit for the amount he does not get paid by the Town and Mr . Carroll replied in the affirmative. The Chairman said the policy was not so specifically stated but Mr. Carroll was following the implied state- ment . Mr.Cole said he would go along with Mr. Carroll' s request . Mr. Richards said he felt it is not the way it is usually done and not the way he understood it . The question of choice has been eliminated entirely. Mr. Staples said the Fire Captain was hurt at a recent fire and has been out four days. The Secre- tary called him and asked if this was to be considered sick leave. He talked to Belcastro and understood that the Fire and Police hurt in the line of duty would not apply to sick leave. They are still paid but it will not be charged to sick leave. Upon motion duly made and seconded, it was voted to credit Mr. Longelway with thirty-two days of sick leave. Mr. Carroll retired at 10:20 P.M. Letter received from Mr. Arthur E. Burrell, ex- Civil pressing interest in returning to the position of Defense Director of Civil Defense, was held over until the next meeting of the Boacd. Letter was received from the Battle Green Chapter, Order of DeMolay, inviting a manber of the Board to DeMolay the Western Area Conference to be held at the William conference Diamond Junior High School on Nay 12, at 9:30 A.M. Mr. Cole agreed to represent the Board. Upon motion duly made and seconded, it was voted to grant the following licenses, satisfactory character references having been received from the Chief of Police: Frederick R. Tortola 1698 Mass . Avenue Bowling (ren'w'l. ) Woodhaven Country Stores 424 Marrett Road Sunday Sales " Trinity Pharmacy 162 Bedford Street Francis Napoli 6 North Hancock St . " Manor Spa 269 Bedford Street If William G. Nowlin, Jr. 29 Maple Street Guide 11 4 Upon motion duly made and seconded, it was voted to appoint the following individuals to serve on the Memorial Day and Veterans' Day Committee: Jerome F. Committee Garrity, V.F.W. ; George E. Foster, Sons of Union appointed Veterans; Charles E. Parks, Lexington Minute Men; Lawrence E. Stone, American Legion, and William P . Brenchick, Jr . , Lexington Marine Corps. No appoint- ment was made to replace Mr. Healy. The Chairman reported that Dr. Smith would be willing to accept appointment as Dog Officer for $35.00 per month, providing Mr. LaRose definitely is not in- Dog Officer terested. Upon motion duly made and seconded, it was voted to appoint Dr. Howard Smith, Second Dog Officer, for a term expiring March 31, 1963, at 535.00 per month. Appointment to the Town Celebrations Committee was held over. Policy relative to enforcement of the Zoning By- Law and Sunday Sales was held over. The Chairman referred to the Board of Appeals ' permit granted to Gold Ribbon Farms . Mr. Richards said the : structure was built without Blue Ribbon a building permit, Farm The Chairman said this brings to his mind a serious problem, a case where Mr. Douglas; the builder, defied the Town. He said the same situation exists on the sign and the Board has not received a reply to his letter. He said the matter of the sign was never brought before the Historic Districts Commission . Mr. Richards said the question is whether or not the Board is going to permit him to keep the sign there and it was his opinion that he shouldbe given a notice to remove the sign within thirty days . He said the Board has no power to ;:keep the sign there. The Chairman said it is definitely a commercial sign and has never been approved by the Historic Districts Commission. Upon motion duly made and seconded, it was voted to recommend to the Building Inspector that he take appropriate action against Mr. James L. Douglass for erecting a building at 1265 Massachusetts Avenue, Gold Ribbon Farms, without a permit . Mr. Cole was recorded in opposition. The meeting adjourned at 11:15 P.M. A true record, Attest: 41 1Eaecf five/ Clerk, Selectmen