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HomeMy WebLinkAbout1961-05-08-BOS-min 482 hie CD GI'] SELECTMEN'S MEETING May 8, 1961 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, May 8, 1961, at 7:30 P.M. Mr. Adams, Chair- man pro tem, Messrs. Ferguson, Richards, and Cole were present . Mr . Stevens, Town Counsel, Mr. Carroll, Super- intendent of Public Works , and the Executive Clerk were also present. Mr . James J. Carroll, Town Clerk, met with the J„ror Board for the drawing of one juror. Mr. Robert L. Johnson, 8 Burnham Road, was drawn for jury duty. Mr. Carroll retired. The Chairman reported that the Secretary for Dr. Treat, Chairman of the Medical Panel examing Sergeant Russell for retirement, called the office and stated that the panel has recommended X-rays and she wanted Medical to know who would be responsible for payment . examination The statute provides that the expense of the medical examination be paid from the same source from which the applicant' s compensation was paid. The Clerk was instructed to call Dr. Treat' s office and advise her that payment will be made and to proceed with the X-rays . The Chairman read a letter from Mr. Irwin, Build- ing Inspector, relative to proposed alterations to the property at 1763-1765 Massachusetts Avenue . He has re- ceived plans and an application for alterations at this Charles ' address and stated that the problem is basically the same Store as that existing with Mr . Trani' s alterations, but they Renovations are not as extensive . However , the proposed alterations to the existing building do fall within the building lines established by the Town in 1930. The subject was considered by the Board and it was agreed that the proposed alteration would derogate from the rights that the Town acquired under the establishment of the building line . The Chairman read a letter from Lt. Colonel George A. Criser stating that his attention has been called to the fact that Echo Communications , Inc . is planning to .con- struct a radio tower with antenna on top of Itek Corpo- 483: ration' building. The Air Force strongly objects to the erection of the rato tower in this location and re- quested the Board to take action to assure that the tower will not be located so that it projects into the established transitional or approach surfaces of the runways . Copies of the letter had been sent to the Board of Appeals, Building Inspector, and the Echo Com- munications, Inc . It was agreed to acknowledge the letter and advise Colonel Criser that the Selectmen have no juris- diction of the matter and it has been referred to the Building Inspector. 11r. Stevens reported that the Napoli suit, which was continued until the tenth of May, has been dropped. Messrs . Stevens and Carroll retired at 8:02 P.M. Mr. and Mrs . Yarin, parents of Paul Yarin, met with the Board. They wanted to be present when the subject of Mr. Paul Yarin' s sewage disposal system was discussed. The Chairman stated that it would be much better for all concerned, at least at this stage of the dis- cussion, if the matter was considered by the two Boards only.Mr. Yarin stated that he was over to his son' s Yarin' s house last Saturday and there is an excaaation full of Sewage w}ater. that is dangerous tothe children. He said there Disposal was a very bad odor. System The Chairman asked if someone dug the hole , and Mrs . Yarin replied in the affirmative . The Chairman asked who dug the hole and Mr. Yarin replied that his son is doing the work himself. He explained that he is an incapacitated veteran. Mrs . Yarin said that this is financially and emotionally bad for her son. Mr. Yarin stated that he came to the meeting this evening voluntarily to see if something could be re- solved. He asked if he could be included when this problem gets to a solution. The Chairman replied that when the Board gets to the stage of making an opinion, the meetings are open and he could bring anyone with him to the meeting . Mr. and Mrs . Yarin retired at 8:10 P.M. Mr. John J. Carroll returned to the meeting. 1 4 He explained tla.t construction of a sidewalk on Lowell Street was included in a 1959 contract and at that time , it was taken out. He presented a plan and explained that the edge of the payement is only three feet away from the property line, the reason it was not done in 1959. He would like to reconstruct the street and put in some drainage at a total cost of Sidewalk $22,000. He said it did not make any sense to con- struct the sidewalk unless the street is done . The sum of $!4 ,O00 has been committed for sidewalks, in- cluding this sidewalk and there is $50,000 available . Upon motion duly made and seconded, it was voted to authorize Mr . Carroll to reconstruct that portion of Lowell Street in connection with the installation of a sidewalk. Mr . Richards reported that he stopped in to see Mr. Charles N. Wood, dealer for Walter Snowloaders , on the fifth of May. He said he looked at the equip- ment and discussed the matter with Mr. Wood quite thoroughly. Mr. Wood called him Sunday and asked if he should meet with the Board this evening, but Mr. Richards advised him not to because he did not know if there would be any time available . Mr. Richards said he has- not changed his mind and is opposed to the purchase of this equipment. He Snowloader said it is ten years old, has a new motor, new tires that are smaller than the standard size , and the cab is in poor condition. He considered the body to be in fair condition, but was made by a company now out of business. The speedometer shows the mileage to be 17, 746. He talked warranty and it was Mr. Wood's im- pression that he would give a verbal warranty to cover both labor and materials. Mr. Richards said the body could be removed in the sunrunertime but it would be a difficult task and would have to be done by them. He stated that this is a type of equipment of such limited use that the Town could not afford to use it, and if it were purchased now, it would not be used until October or November and then only for snow. He said he thought it would be more expensive to use this piece of equip- ment than to plow snow as the Town is now doing. He said he did not think the Town would save any money in snow removal by the purchase of this equipment . Mr. Carroll said he was concerned with the fact that each year he has to put on additional hiredequipment . This means he has to spend more money each year for this . equipment and each year the quality of snow removal be- come! worse . The more trucks put on, the more trouble he has . He explained that in hiring trucks for a storm 485 he has to call them at five o'clock and he is lucky if they arrive at nine o' clock. On occasions he has had to wait four or five hours and he is trying to do something to increase the quality of snow plowing. Mr. Ferguson reported that Mr . Cotton had called him and inferred that a commitment had been made . Mr. Carroll said very definitely he had not made any commitment. Mr. Ferguson said he would not want to do any busi- ness until the new engine on the snow blower has arrived. Mr . Carroll said he would look into the 4-wheel drive and see what he can get for the money. He said that no one told him last fall that there was any opposition to purchasing a snow fighter and for that reason, he did tell Mr. Woods that the budget had been approved, and it was . Mr . Ferguson suggested that Mr. Carroll tell Mr. Woods to produce the motor for the snow blower and in the mean- time Mr . Carroll could see what else is available . The Board could then make a decision. The matter was laid on the table . Mr. Carroll said that in his budget he included an amount for the purchase of a Carryall for the Engineering • Department to replace a 1954 Carryall, and he intended Equipment to trade Mr. Mazerall' s truck next year. However, he would like to purchase a truck for Mr. Mazerall this year instead of the Carryall. The Board had no objection. Mr. Carroll retired at 8:30 P.M. Chairman McQuillan and Dr. Cosgrove of the Board of Health, and Mr . Lurvey met with the Board to discuss Mr. Yarin' s sewage disposal system. Mr . Richards said he understood that there has been an actual trial of a case that involved Mr. Yarin as the purchaser and the seller or builder, in which Mr. Yarin Yarin' s prevailed. He also understood that because Mr. Yarin Sewage ran into a collapsible corporation, he was unable to re- Disposal cover . He said that, in his opinion, established a System certain amount of responsibility. He said Mr. Marin hadintimatedfirst that there had been the original trouble and further trouble of the design subsequent to what the builder had done . He said one of the things that bothered the Board was to determine whether or not the Town, or Whitman and Howard working for the Town being the Board of Health, had a faulty job. He said he was also concerned about the second time, and that. when Mr. Yarin left, he said he was going to sue . Mr . McQuillan read a statement regarding the Lex, 486 C�{ twins ington Board of Health and Whitman & Howard, a copy of which is on file . Mr. Lurvey said that up until Mr. Yarin met with . the Board of Health, the system was working because he checked it that day. He found that Mr. Yarin is using twica as much water as anyone else in the neighborhood and the system is not now working. Mr. McQuillan stated that if a cesspool or septic tank blows up after.°it has has'.:been inspected, there is no obligation on the part of the Town. The Chairman said that Mr. Yarin made the statement that the first bed had never gone in. He made a charge of a fraudulent signature , and the Chairman said it was serious to him if a man acting for the Town signed the permit without seeing it . Mr. McQuillan said the first system lasted four years . The Chairman said that Mr. Yarin stated that he had the Judge come out and when hedid, the system was not there . Mr. McQuillan explained that when the Court came out and it was dug up, they were digging the area where the second system was already put in. Mr. Ferguson asked if Mr. Yarin had a permit in 1959 for the second system. Mr. Lurvey said he told the Board that it should help Mr. Yarin out and send Whitman & Howard out if any- thing happened to the first system. He said he does that for anyone who has a problem with a system. If anyone is having a problem with a system and it is beyond Mr . Lurvey' s scope, he has Whitman & Howard out to look at it . He said he felt Mr. Yarin should not pay $5.00 for the second system if there was any question on the first syytem. Mr. Ferguson asked if Whitman & Howard was there again and Mr. Lurvey replied that he would have them there tomorrow morning for an inspection. Mr. Ferguson asked why things were being done with- out a permit. The Chairman asked if he felt that Mr. Capone did not do the job properly and Mr. Lurvey replied that he had his suspicions back in 1954 and 1955, but on this particular job, he told the Board of Health that Whitman & Howard should replace this man because he had to check everything he did. Mr. Lurvey said he has tried every- thing to help this man and has done everything before the Board. Mr. Ferguson said if th..re are going to be inspections, there should be a permit . Mr. Richards said the Board has to answer Mr. Yarin 487r and would 1ike to b iin thh i to a c n lusi n and wouldt have to be orld that n. e cannot edepend on the Town for help. He said the Board has investigated and found no grounds for any relief that the Selectmen can grant or that the Board of Health can grant that it ha-s---given him as much aid as can be given. Mr. McQuillan mentioned the Dental Clinic and said that the Board of Health has been informed by the School authorities that the clinic can no longer be continued in the school and the Board of Health must look to find a place in the Town buildings, outside of the schools, for the clinic . Mr. Ferguson asked how important it was to have a'Dental Clinic . Dental Clink Dr. Cosgrove stated that there are tout 125 children whose families were investigated and it was decided they needed help. He said the clinic was formerly handled by the School Department and now the Board of Health is required by law to handle it. Mr. Ferguson asked if arrangements could be made with the dentists in town to take care cif the children and Dr. Cosgrove said he thought it could be handled that way. The Board of Health retired at 9:10 P.M. The Cemetery Commissioners and Mr. Healy met with the Board. Mr . Hynes explained that the Board has in mind the possibility of acquiring more land for Westview Cemetery . Mr. Smith presented a plan and pointed out the land now owned by the Town and the land adjoining it . He explained that several months ago, Mrs . Morey called Mr. Hynes and wanted to know how long the cemetery land could be used. He said the Commissioners feel it will last possibly seventy-five or one hundred years, but the question is, is that enough. With the activities going on around the cemetery land, the Commissioners wondered if they should be thinking about acquiring the fourteen acres that goes hack to the railroad track. Additional The Chairman said he thought the additional land land for was under option to Cabot, Cabot & Forbes and asked Westview if the Commissioners recommended acquiring it . Cemetery Mr. Smith said this is in an R-1 zone now. It is low land and close to the site the Selectmen have selected for a dump and possibly it could be built up with material from that site . The Chairman said the Commissioners feel they have Isufficient land for seventy-five or one hundred years 8$ - and this would give an additional twenty-five years . Mr. Richards said the Commissioners should find out first what the situation is . He said if it is under option to Cabot, Cabot & Forbes, it does not mean that the Town cannot take it. He asked if a decision should be made for the June Town Meeting and how much money is involved. Mr. Ferguson suggested that the Commissioners find out what the option price is . If the board thinks it is too high, the land can be acquired by eminent domain. The Chairrran asked if the Commissioners felt it desirable for the Town to own it , and Mr. Hynes replied in the affirmative . Mr. Richards said that even if the land is not used for fifty years, it would provide a buffer. Mr. Ferguson said he thought the Town should take it . Mr. Smith asked if the Selectmen were to carry this on from here , and the Chairman replied in the affirmative . Mr. Ferguson asked how much the Town should pay for the land, and Mr . Smith replied as an R-1 area, he thought it would be worth $14,000 which is $1,000 an acre . Mr . Smith said there is a problem at the Bedford end . The Lexington line goes through a house and they wanted to know if the Town was interested. One sister wants to live there and they will agree to give the Town the first opportunity to purchase it. Mr. Ferguson asked how much they were asking. He said the Town could purchase the property and give them a life tenancy. Mr. Smith said the land in Bedford would have to be purchased if the house is taken. He said the Com- missioners would follow through on this. Mr . Hynes reported that one of the sisters called him this evening and said they were not interested at all. Her attorney suggested that they let the matter alone for the time being and when conditions change, give the Town the first opportuhity to acquire it . Mr. Smith said if they understood that the Town would give them life tenancy, it might make a difference and he would check into it further. The Commissioners and Mr.Healy retired at 9:25 P.M. Mr. John Carroll returned to the meeting. 489' Petition for a hip guy ana anchor on Wood Street was held over from the last meeting of the Board, at which time a public hearing was held. Mr. Carroll reported that : to place two poles as suggested by Mr . Barbieri would cost the Boston Edison Company $3900. Hip guy and Upon motion duly made and seconded, it was voted anchor to grant the petition and sign an order for the lo- cation of one hip guy and anchor on Wood Street, north- easterly side, approximately 265 feet northwest of Alpine Street. Mr. Carroll brought up the subject of the appraisals for damage to properties on Burlington Street, and re- ported the following : Mr. Ives' loss in value to the property was $100 and the sidewalk betterment was $204. Mr. Stevens said Property this will be taken care of. damage appraisals • Loss in value Sidewalk Burlington Name to property Betterment Street John J. & Josephine Cox $100. 00 $109.00 Laverne E. & Onie Woods 150.00 109.00 Dorothy J. Pihi 200.00 138.00 Marshall &Eleanor Porter 100.00 169.85 William & Maxine Gedritis 100.00 204.00 Warren E. Padelford 100.00 115.26 Dow H. &Diana Darden 250.09 144.92 The Board felt that a consistent offer should be made to everyone on the street and upon motion duly made and seconded, it was voted to make offers, based on the appraisals, as follows: John J. & Josephine Cox $109.00 Dow H. & Diana Darden 250.00 Dorothy J. Pihi 200.00 Marshall & Eleanor Porter 100 .00 William & Maxine Gedritis 100 .00 Warren E. Padelford & Mark P. Neubauer 115.26 Laverne E. & Onie Woods 150.00 1 C'3 490 Upon motion duly made and seconded, it was voted to hold a public hearing in Estabrook Hall on Thursday Buckman Dr. May 25, 1961, at 8:00 P.M. relative to the proposed layout of Buckman Drive and Summit Road, the layouts to be under the laws authorizing the assessment of betterments . Mr. Ferguson mentioned that the Maney property on Bedford Street is for sale and said that possibly the Board should consider acquiring it at the June Town Public Meeting for the Public Works Department . Works Mr. Carroll said he felt there is sufficient room at the Public Works Building. He said he could see some use for it in about ten years, but the installation of overhead doors would result in the maximum use of the present building. He said he would, however, take a look around the property and check into it . Mr. Carroll retired at 10:10 P.M. The Chairman read a letter from the V.F.W. request- ing permission to conduct a Poppy Drive on May 2L. and 25. Poppy Drive Upon motion duly made and seconded, it was voted to grant permission to the V .F.W. to conduct a Poppy Drive on May 24 and 25. The Chairman asked to have the discussion of an Administrative Assistant held over until the next meeting of the Board. Appointments to the Town Celebrations Committee, Appointments Board of Fire Commissioners, and Board of Health, were also held over until the next meeting of the Board. Letter was received from the Board of Assessors requesting permission for use of the large conference Conference room next to the Assessors ' Office for a period of one Poem year by the group making the revaluation of the Town. Before making a decision, the Board would like to know if it will be available evenings for other meet- ings . With reference to a replyto Mr. John M. Levis, regarding his visit with the oard relative to the V. F.W. V.F.W. , it was agreed to advise him that the matter had been referred to the Chief of Police inasmuch as it is a police matter and he has assured the Board that he will keep the situation under his careful attention. 1 49r Letter was received from Mr. Joseph E. Casey ad- vising he is still interested in purchasing lot 23, block 89 Garfield Street at the price of $500 plus sewer and water betterments which total. $174.75. Tax title Upon motion duly made and seconded, it was voted that a proposal to sell lot 23, block 89 Garfield Street be advertised in the Lexington Minute-man and that further consideration be given the offer at the Selectmen' s Meeting on Monday, May 22, 1961 . Letter was received from W. K . Coburn, resigning as Deputy Radio Officer for the Town, effective May 1, 1961 . Resignation Upon motion duly made and seconded, it was voted to accept Mr. Coburn' s resignation. Letter was received from Mr. Carroll, Town Glrk , advising that appointments have been made to the Cary Lecture Committee and the Capital Expenditures Com- mittee as follows : Cary Lecture - Mrs . Robert E. Committees Siegfried, Lawrence A. Quick, Paul F. Poehler, Jr. ; Capital Expenditures - Donald Noyes . The Chairman reported that after looking at the letter received from the Lexington Press, Inc . , rela- tive to printing the Building, Plumbing, and Sign By-Laws, it was not clear to him- if the price included Bids for setting them up new. After checking into the matter , By-Laws he recommended that Mr. Irwin invite more specific bids . Upon motion duly made and seconded, it was voted to rescind the vote of May 1 accepting the bid submit- ted to the Lexington Press, Inc . Request was received from Rev. Harold T. Handley requesting permission, on behalf of the Church of Our Paper Drive Redeemer, to conduct a paper drive on Sunday, October 8, 1961 . Upon motion duly made and seconded, it was voted that the request be granted. Upon motion duly made and seconded, it was voted to renew the following licenses: Minute Man Cab Co. Public Carriage (renewal) Licenses Lexington Cab Co. Clarence E. MacPhee Sunday Sales Leo A. Boynton Junk Allen Wall, Canton Intelligence 492 No changes were recommended in the proposed addi- Jury List tional names for the Jury list. The Clerk reported that Mr. Maurice Healy had re- quested that he be appointed to the Town Celebrations Committee . No action was taken on the request . Upon motion duly made and seconded, it was voted to sign the following Sewer Orders : Balfour Street, from Asbury Street 360 feet, more or less, easterly. Hutchinson Road, from Webster Road to Concord Avenue. Sewer Kendall Road from existing Sewer 200 feet easterly. Orders Ledgelawn Avenue from existing sewer 905 feet south- easterly to. Revere Street . Liberty Avenue from Hamilton Road 1160 feet, more or less, to Revere Street . Pleasant Street, from Cambridge-Concord Highway 1420 111 feet, more or less, southwesterly to Concord Avenue . (Copies of these orders *ay be found in the Selectmen' s Files for 1961 under Sewer Easement Orders ) . The meeting adjourned at 10:30 P.M. A true record, Attest: �y ec / ive -Clerk` Select n CP 1