Loading...
HomeMy WebLinkAbout1962-07-09-BOS-min I -1.00 SELEC'TIIEN 'S I€ TING Uuly 9, 1902 A regular meeting of the Board of Selectmen was held in the Selectmen ' s Room, Town Office Building, on Monday, July 9, 1962, at 7 : 30 P.M. Chairman Adams, Messrs. Cole, flichards and Brown.:were present. Mr . Town Counsel, Mr. Carroll, Superintendent of Public Stevens,_Works, Mr . Staples, Executive Assistant, and Miss Murray, Executive Clerk, were also present . Hearing was declared open upon petition of the Boston Edison Company andthe New England Telephone and Telegraph Company for permission to locate two poles on Lincoln Street . Mr. Serverson, representing the Boston Edison Company, and Mr. Consilvio, representing the New England Telephone and Telegraph Company, were the only persons present at the hearing. Pole Notices of the hearing were mailed to the locations petitioners, owners of property as listed on the petitioners ! plan, and also filed with the Super- intendent of Public Works . Mr. Serverson explained that an existing j/c pole has to be removed because of a water main being installed by the Town . No one wishing to speak in favor or in oppo- 2.ition, the hearing was declared closed. Upon motion duly made and seconded, it was voted to grant the petition and sign the order inthe fol- lowing form: Lincoln Street, northwesterly side, southwesterly from a point approximately 547 feet southwest of Lincoln Terrace, -- Two pole._ . (One existing j/o pole to be removed. ) Hearing was declared open upon petition of the New England Telephone and Telegraph Company for per- mission to install conduit and manholes in relocated Massachusetts Avenue and relocated wood Street . Conduit and Mr . Consilvio, representing the petitioner, manhole was the only person present at the hearing. locations Notices of the hearing were mailed to the peti- tioner, owners of property s listed on the peti- tioner ' s plan, and also filed with the Superintendent • cid r" 4"C of Public Works . Mr . Consilvio explained that the plan had been checked by the Field Engineer, Public Works Department, Appleton Street, Arlington, and indicated the proposed locations on a plan . Mr . Carroll stated that he had seen the plan and had no objections . No one wishing to speak in favor or in opposition, 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 conduit and manhole lociaions : Reloc_:ted Mass . Ave. - From MN 5)4/88A at relocated Wood St . , southeasterly approximately glili feet of conduit . Also one manhole . Relocated Mass. Ave . - From MST_ 54/88A at relocated Wood St . , northwesterly approximately 4O feet of conduit . Relocated Mass . Ave. , - From MH 54/88A northerly to relocated Wood St . ap_;-:roximately 40 feet of conduit . Relocated Wood St . , - From relocated Mass . Ave . north- easterly approximately 1321 feet of Conduit . • Also two manholes . Also abandon a ;, roximately 1315.2 feet of conduit on old Mass . Ave. and old IWood Street and .two manholes . Upon motion duly made and seconded, it was voted to sign an instrument granting permission to the Boston School Edison Company to construct, install, repair, renew and lights maintain eleven concrete posts, with necessary wires on Town property to supply street lighting for the Fiske School. Mr . Daniel Friel, Boston Edison Company, met with the Board and stated that the company is rebuilding its overhead line on Spring Street . In some places, there will be taller poles, heavier wiring, and increased voltage. - The Chairman stated that the company is entitled to do this but Mr. Mazerall, Park superintendent , thought the Board should know about it . Mr. Friel said he had already contacted the pro- perty owners in regard to trimming trees and has, also i • LL contacted the State. He stated that there are some trees belonging to the Town and the Company wou-d like to remove the heavier limbs . He said there are two trees in front of Raytheon to be removed which are owned by the Town . The Board had no objection to the proposed trimming and tree removals . Messrs . Friel, Serverson and Consilvio retired at 7:45 P .M. Mr. Stevens reported that he had prepared, at Mr . CarrollTs request, an Order of Taking of a sewer ease- ment through lots 121 and 123 on Lawrence Lane . Mr . Carroll explained that this sewer is already Sewer out on contract with Susi and DeSantis and said that easement there is a hill at the end of Lawrence Lane and to get the sewer through to the Route 2 side, ie will go up Lawrence Lane and through this easement to the other side of Lawrence Lane . He said that the individuals concerned are Mr . Carrig, woo owns lot 123, and Mr . Grande who owns lot 121. He said thatno appraisal has been made on either parcel, and that Mr. Carrig said he would settle for $250. Mr . Grande said he would sign a confirmatory dd deed and release of damages for a free sewer service, as Carrig did, which he estimated to be $300 . He said all he is concerned with, at the pies nt time, is the taking. Upon motion duly made and seconded, it was voted to sign an Order of Taking of a sewer easement through lot 121 Lawrence Lane owned by Mr. Grande and lot 123 Lawrence Lane owned by Mr. Carrig. Mr. Carroll asked if the Board wanted an appraisal made of the damages in both instances, or to see whether or not settlement can be made without an a : raisal. He said that neither individual had discussed abatement of the betterment . He said when damage is small, and he can settle, he felt an effort should be made to settle without having an appraisal made. He said he did not mean that the Town should necessarily settle for `;3250 . The Board agreed that it would not be necessary to have an appraisal of damages made . Mr. Carroll referred to the bid of $109,700 sub- mitted by Gil-Bern Corporation for street and drain work and reported that he had checked the financial statement, equipment and work references which were all satisfactory. He also received a letter from Whitman & Howard and re- co'_mended that the contract be awarded. Street and Upon motion duly made and seconded, it was voted drain con- -- to on- to award the contract for street and drain work to the tract Gil-Bern Construction Corporation. ff 'r tC Upon motion duly made and seconded, it was voted to sign the contract with Gil-Bern Construction Corpo- ration I'or street and drain work in the amount of 8109,700. The contract is tobe held by Mr . Stevens until he is satisfied with the corporations ' bond. Mr. Stevens referred to the land owned by Mary A. Hennessey, which the Board was authorized to acquire by vote of Torn Meeting under Articlepresented 39 . H e a plan and indicated the land taken by the Town and said the Board would recall that under the option, the Town was to grant a right-of-way forty feet wide from Mrs. Hennessey' s other parcel to Turning Mill i-oa.d. He said there was also a provision whereby she would be permitted to use for a period of five yearsw portion i cn of the stable for caretaker ' s living quarters and right of access thereto . He retorted that she is taking payment of 30% now and the Town is to receive from her a confirmatory deed and re- lease of dam_.ges, plus a release of the right-of-way that now exists over Mountain Road to Robinson Road. He ex- plained that he had prepared the necessary papers, and the grant of the right-of-way would be held by him. Upon motion duly made and seconded, it was voted to sign the instrument granting Mrs . Hennessey the right-of-way and the agreement for the use of the stable and access thereto . Upon motion du.._y made and seconded, it was voted 'ax Title to sign a deed, prepared by Mr. Stevens, conveying lot 11, part of 10, 22, 23, 24, 25, partvf 69, 71 and part of 70 on Sylvia Street to the valeriConstruction Co. , Inc . hr . Carroll referred to the Hartwell Avenue ac- cess to the dump. He presented a plan of the area and said he thought the Board should decide very soon how the Town is to acquire the access because he plans to take bids on the construction some time late this Access to month and would like to have work started in August . dump Mr. Staples said he understood it was to be ac- quired as an easement and when it became a public way, the Town was to pay Cabot, Cabot & Forbes go, 000. The Chairman said he thought theTown was to take the easement and not the land. Mr. Carroll said he felt that no harm would be done by making a taking now and making the settlement at a later date . Mr . Staples explained that when construction is started to put the road on the Bedford side of the rail- road tracks, there are portions which the Town will have to acquire from Cabot, Cabot & Forbes . He explained that there are portions owned by the Town and portions owned by Cabot, Cabot & Forbes and said it might be to the Town' s advantage totake the easement and not pay them now and perhaps later include other land. Mr. Carroll said he felt a taking should be made and negotiate later . The Chairman said this could result in a law suit and Mr. Carroll agreed. Mr. Richards recalld that Cabot, Cabot & Forbes arrived at the sum of $6, 000 because of the amount of money they would have to pay Reiss. Mr . Stevens suggested that the Board contact Cabot, Cabot & Forbes. It was the general consensus of opinion that .the Town should take the easement, Mr. Staples tocontact Cabot. Cabot & Forbes and arrange to have them in at the next meeting. Letter received from Frederick J. Conroy advising that he has been retained by Nicholas L. Durso in a Claim complaint against the Town was referred to Mr. Stevens . Mr. Stevens retired at 8:20 P.M. Mr .James Carrig and his son, Robert, met with the Board. Mr. Carrig said he had a matter before the Board which was brought up a month ago in regard to the con- struction of a street seventy feet wide . He stated that Mr . Duffy was not in a financial position to bufld a seventy foot road and furthermore , the Planning Board is not sure how the road is to be built . He said there is a Question of the trunk sewer and it has not been decided where that is going. Mr.Duffy wants tobuild now and put in a fifty foot street . He said when the Town is prepared to build a seventy foot street, years from now, it can go in and build it , but Mr . Duffy cannot wait . Carrig The Chairman said. that Mr. Duffy wants to build it in the time and manner he wis_ s or else have the Town build the seventy Ioot street . Mr. Carrig explained that hehas to build the street in from Pleasant Street for a distance of only about 350 feet . Mr. Carroll explained that the water main can be installed where it is shown on the plan and he felt that something could be worked out in regard to the installation of a temporary sewer . He said Mr. Duffy could build a temporary road. Mr. Carroll said the seventy foot road could be built for this short distance for about $2,000. tz Mr . Carrig asked if the Town would contribute its share for the difference in cost . He said he has had this under agreement for sale and the terms of the agreement have been extended and he did not want to lose the sale . He said he wanted the matter finalized so papers could be passed. The Chairman said Mr . Duffy could build the seventy foot section and Mr . Carrig said it would be all right if the Town would pay for the extra width. Mr. Carroll said the water and drain would be permanent insta_lations and the sewe_ would be a temporary installation . The Chairman said before anything is done, the Board should know what the cost will be. Mr . Carrig asked if the Board could make a decision this evening. The Chairman said under the terms of the Act, atproval would have to be obtained from the Planning Board. Mr . Carrig said he has thirty days from July 2. Mr . Carroll said the cost should not be more than Sb,000 for the additional twenty feet, and stated that funds are available . Mr. Richards said he thought the Board should go along with this, but Planning Board approval would have to be obtained. Mr. Carroll said there would be no problem as far as the sewer is concerned. It was the consensus of opinion thatthe Board should go along on Mr. Carrollts estimate if the Planning Boat. approved. The Carrigs retired at 8:37 P.M. Mr. Carroll presented a blueprint of the swimming pool and said he thought theBoard would probably want Swimming to discuss the subject withthe Recreation Committee . Pool Mr . Richards asked about storage facilities and Mr . Carroll said the Town could build something for storage . Chief Rycroft met with the Board. The Chairman said the Board was interested in how to go about getting officers tofill present vacancies in the department, and asked if there was anyone on Police the list . The Chief replied that there is one and that an examination will be held in September . He said he understood there are four men taking the exam. The Chairman asked if there was anything the Board could do, and the Chief replied in the negative . He said the examination to be held in September is State wide. The Chairman said he - ould like, for the record, to know about conditions at the Carriage House Restaurant and referred to petition received several weeks ago signed by residents in the area. Carriage The Chief said,: as he had told the Chairman, the House police have been watching the premises every Friday night, and when something happens, they will walk in. The Chairman reported he had received a tele- phone call from Mark Moore relative to complaints from some of the merchants about the bus in front of the Depot taking workers to MIT . He said complaints had also been received about the workerst cars being Parking parked all day in the municipal parking areas . He said he noticed there is ample parking area left on the unpaved section of the Pierian Street parking lot and asked if Mr. Carroll could have a sign erected on the unpaved section . The Chief said in order to enforce it , he would have to assign three or four men . Letter from Mr . Raymond Gelinas, 33 Bottler Avenue, requesting "Go Slow - Children" signs was referred to Traffic the Traffic Study Committee . Letter from Mrs . Lawrence Arnold, 27 Spring Street, recue3ting "Go Slow - Children" signs was referred to Traffic the Traffic Study Committee. Letter from Robert L. Brosnahan, 7 Plainfield Street, requesting a police officer at the inter- section of Marrett Road and Massachusetts Avenue Traffic between 8:15 and 8:30 A.M. , and between 3: 15 and 3:30 P.M. , was referred to the Traffic Study Com- mittee . Petition for traffic control at the inter- section of Oak Street and Massachusetts Avenue Traffic was referred to the Traffic Study Committee . Chief Rycroft retired at 9: 10 P.M. Mr. Carroll reported that the State will take bids July 17 on the last section of Concord Avenue Chapter 90 under Chapter 90. Letter was received from Henry E. Helms, 348 Marrett Road, requesting an offer in settlement of damages for the taking of a permanent water line easement . 1 ,70 �-C Mr. Carroll presented a plan of the easement and explained that Mr. Helm could not build beyond Claims the fifteen foot line regardless of the taking. He reported that he had received an appraisal of $300 for the Helm land; $100 for the walnut Farms land and $50 for the Nodoono land. Upon motion duly made and seconded, it was voted to offer Mr. Henry E. Helms $300 in full settlement . Mr. Carroll referred to the Burlington Street widening project and said that he discovered a section that had been missed. He explained that this Burlington section does not have sewer which should be put in Street sewer for about 300 feet at an estimated cost of :$5,000 or $6,000, for which funds are available . He said he would have the work done by his department or add it to another contract, but if the price exceeded his estimate, he would submit it to the Board. A letter from W. F. Davis, 18 Boulder noad, in regard to an extension of the sewer to serve his property, was held over until Mr. Carroll returned Davis sewer to work. The Chairman said it seemed to him thatthe original suggestion was the only sensible one, and the Board agreed. Mr. Carroll asked to have IJirs. Meyers ? letter, relative to damage of her property on Hancock Avenue, held over . The Chairman read a letter from John H. Talmage, 3 Fourth Street, relative tospraying and sweeping the street . Mr. Carroll reported that Mr. Mazerall hid been to see Mrs. Talmage and explained the situation to her. He said the Town does spray trees on private property Spraying & and this area was sprayed twice. The first time was Sweeping for Dutch elm disease only and there were no elms on this property. The second time the e were cars parked in the area and Mr . Mazerall had instructed the men not to spray whore there were parked cars . Mr. Carroll said the Town does not sweep private streets and there is no record that the private streets in the area were swept , but if they wer , it was in error.. Lette_° was received from Porter & Desmond requFt- Permit to ing permission to move a house from 30 Blossom Street Skive house to Lawrence Lane. It was agreed to send the mover a copy of the letter written to Frederick J. Conroy on the same subject . Notice was received from the State relative to a conference to be held on Monday, July 16, relative to the hew Pedestrian Control Law. Mr. Carroll and Traffic Mr. Staples agreed to attend and the Clerk was in- structed to send a copy of the notice to Mr. Burnell and Chief Rycroft . Mr. Carroll asked how the Board felt about State aid for the Woodhaven Trunk serer , Mr. Staples reported on a meeting he and Mr. Brown attended with Mr . Greeley of the State Depart- Woodhaven ment of Sanitation. sewer It was agreed that there should be a definite engi- neering proof that the Town of Lexington is contribu- ting to the pollution of Hardyt s Pond in Waltham and then another interview arranged with Mr . Greeley. Mr. Carroll requested and was given permission to restrict the use of water if the situation, in his opinion, becomes serious enough. Mr. Carroll retired at 9:55P.M. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectments Meeting held Minutes on June 25, 1962. Letter was received from the Fire Commissioners recommending that the installation of the Fire alarm Fire Alarm (wires, cables, boxes and pedestals) be included in in develop- new developments and new roads that are being con- ments strutted by contractors and development corporations. The Board felt that the recom__endation .was con- structive and referred it to the Planning Board. Letter from the Fire Commissioners, relative to changes or roads or relocations of roads on which there are fire alarm wires, was referred to Mr . Carroll. The Chairman said that some time ago the Board established a so-called Barrington Plan for the Police and Fire Departments . He said he had received a few complaints to the effect that men promoted in the Fire Department received the top salary when promoted. He said he did not think anything could be done by the Board until receipt of the salary survey. A copy of the Certificate of Appropriateness issued by the Historic Districts Commission, with respect to the sign on the premises at 1265 Massachusetts Avenue, was received. 141749 bC a> tt The Chairman reported that Edward Cataldo con- tacted him a few weeks ago and felt that because the sign had been there for so many years, he could see no reason why it should be disturbed. He said if the Board forces him to remove it, there will be a law- suit . The Chairman said if the Board takes no action , the sign will remain, and that is what Mr . Cataldo Cataldo wants ; The Chairman reported that there will be a hearing tomorrow night before the Board of Appeals relative to the maintenance of a free standing sign and removal cf the operations from East Lexington to this location . Mr. Richards stated that the sign is illegal but felt that Mr. Cataldo should not be put out of busi- ness and should have some type of sign indicating the business is there - a directional sign . It was agreed to invite Mr. Cataldo to meet with the Board four weeks from tonight . The Chairman reported that Mr . Legro has talked with Mr. Stevens . He said Mr. Legro saw him today and is interested in the position of Town Counsel. Town Counsel However, there is one factor that could make some difference to him. He said Mr. Legro is a Mason and in line and would like to continue to be in line which would mean he would not be free two Monday nights . He asked if it was essential that he attend the Board meeting every Monday night . The Chairman told him, from a personal point of view, it had been customary for a number of years, but he was not sure that it was necessary. He said Mr. Legro could be here every Tuesday to go over any items with Mr. Staples . Mr. Richards said he thought the presence of the Town Counsel at the Board meetings had been most helpful. it was agreed to invite Mr. Legro to meet with the Board at its next regular meeting . The Clerk reported that Mr. Nickerson ' s secretary called and said Mr. Nickerson would like the Board to appoint another Associate Member as he was having difficulty during the vacation period in getting a Board of Quorum for the meetings . Appeals The Chairman said he did not think the Board could make a decision this evening and said he thought each member should be prepared to submit some names at the next regular meeting. Upon motion duly made and seconded, it was voted Cert .of inc. to sign an application, on behalf of Paul J. McCormack, • for Certificate of Incorporation. Application was received from Carlton M. Davis, 2 Baskin Road, on behalf of the Yankee Investment Y Associates, requesting permission to conduct regular monthly meetings in a conference room, Cary wilding. Use of hall The Board felt it would not be justified in reserving the room for regular meetings of a private organization. Upon motion duly made and seconded, it was voted to grant Taxi Driver Licenses to the following indi- Licenses viduals : Lee B. Danzey and Frank Ehrenberg. Consideration was given to applications received from the Manhattan Liquors, Inc . , 45 Waltham Street and Manuel J. and Ethel R. Aruda, 329 Massachusetts Avenue, for licenses to sell all alcoholic beverages not to be drunk on the premises . Motion was made to deny both applications but was Liquor not seconded and therefore lost . Licenses Upon motion duly made and seconded, it was voted to hold a public hearing on the application of the Manhattan Liquors, Inc. on Monday, Ju .y 16, 1962, at 7: 30 P.M. and to hold a public hearing on the appli- cation of Manuel J. and Ethel Aruda on Monday, July 16, 1962, at 8:00 P.M. Upon motion duly made and seconded, it was voted to sign an Order for the construction of a sidewalk Sidewalk on the southerly side of Taft Avenue from 40 feet south of Chase Avenue to 80 feet south of Chase Avenue. The meeting adjourned at 11: 20 P.M. A true record, Attest : i // nJ Executive/ler-4 Selectmen