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HomeMy WebLinkAbout1961-06-05-BOS-min 5.37 SELJETMZNIS METING June 5, 1961 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, June 5, 1961, at 7:30 P.M. Chairman Morey, Messrs . Adams , Ferguson, Richards, and Cole were pre- sent . Mr. Stevens , Town Counsel, and the Executive Clerk were also present. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting held Minutes on May 29, 1961. Mr. Stevens reported that he had talked with Colonel Wells today, relative to the Air Force water situation. Colonel Wells thought information pertain- Air Force ing to the term of ten or twenty years in the agree- ment had been forwarded to the Board. Mr. Carroll, Superintendent of Public Works, met with the Board at 7:L0 P.M. Upon motion duly made and seconded, it was voted to sign a contract for sidewalk work (Forest, Eldred, and Grove Streets) between the Town of Lexington and Sidewalk Albert E. Lucchetti, d/b/a A. Lucchetti - Son and B.& contract R. Construction Co. , Inc . in the amount of $8,400. Mr. William J. Bannon, attorney representing Dr. Richard F. Herzog; met with the Board and presented a deed, signed by Dr. Herzog, conveying to the Town lot 188B situated in the rear of his property on Whipple Road. Herzog deed Mr . Stevens accepted the deed and stated that he would put it on record in the morning . Messrs . Stevens and Bannon retired at 8:45 P.M. Mr . Carroll reported that he had invited bids on a pickup truck for the Park Department and re- ceived only two -)ids . Rowe-Jackson submitted a quotation of $1671.00 and Dunn Ford submitted a Truck bids quotation of 1700.00. Upon motion duly made and seconded, it was voted to accept the low bid of $1671.00 submitted by Rowe Jackson. taw Mr. Carroll reported that in order to build the sidewalk on Eldred and Grove Streets up to the school, it will be necessary to take easements for public Sidewalk services . He explained that Mr . Higgins had discussed easements the subject with the property owners involved, and while they would not grant an easement, said they would have no objection to the Town making a taking . Mr. Carroll recommended that the Town take an easement for public travel and a slope easement. The Board approved Mr. Carroll' s recommendation; Mr. Stevens to prepare the taking order. The suggestion was made that the board of Selectmen consider laying out Wellington Lane and presenting it to a Special Town Meeting, the purpose being to establish a definite location for the end of Worthen Road at Route 2 . Worthen It was agreed to invite the Planning Board to meet Road with the Selectmen next Monday for a discussion so that both Boards could reach an agreement as to how to pro- ceed with the problem. The Chairman read a letter from Mrs . Howard Yaffee , 198 Follen Road, pertaining to traffic on Follen Road. Traffic It was agreed to advise Mrs . Yaffee that the communi- complaint cation has been referred to the Superintendent of Public Works . Mr. Carroll retired at 8:30 P.M. Messrs . Earl Outhet, Gabriel Baker, and Ralph Cataldo met with the Board. Mr. Stevens, Town Counsel, returned to the meeting. • Mr. Outhet stated that he had bid the job for work to be done on the store occupied by Charles ' and he was awarded the contract, but found out he was unable to obtain a building permit . He said he Charles ' could not understand it, and was told that the Town Store had a taking and one thing or another. He said the work would not increase the value of the building, and c all he needed a permit for is to reamove a partition and substitutea steel beam for a wooden one , the front beam being the one in question. He explained that he was not going to put in a new ceiling but intended to hang an egg crate affair, install a new floor and two new doors . He stated that the present doors open in and should open out . He said he did not think it morally right not to let Mr . Cataldo go ahead and do what he wants to do . He said the structure of the building would not be changed. I The Chairman explained that the Board had a report from the Building Inspector that while this did not equal the Trani alterations, it is along the same lines . Mr. Stevens explained that, relative to the Trani situation, he advised the Building Inspector that , under the terms of the Building Line acquisition, that the building could not be altered . He stated that the In- • spector had said what was proposed in this building was alterations, and if alterations, then they go beyond the right of the owner of the building, under the Build- ing Line . Mr. Baker, who owns Charles ' store, said that it is written in the lease that at the end of the term, the building should be put back in its original condition. Mr. Outhet said in his way of thinking he would be substituting a steel beam for a carrying partition, but if the Board wanted to interpret it as an alteration, he supposed it could. He said the value of the building would not be increased by substituting this carrying partition with a steel beam. The Chairman asked what they proposed to do with the corner formerly occupied by Mr. Trani . Mr. Baker replied that he had in mind eliminating the danger of the step, and put on aluminum sheathing, and make it like Trani(s building only a different color, hut now he would have to rent it to a real estate man. He said he could not take it himself unless he improved the appearance of the building. Mr. Adams asked Mr . Stevens to explain what the Building Line entails . Mr. Stevens explained that, at the time the Town was considering widening Massachusetts Avenue , it was not actually laid out in that area but instead it made a taking of a Building Line through the existing build- ings, thirty feet back fromthe existing line in the O'Connell property. In the order establishing it, was a provision that the existing buildings might be main- tained. Mr. O,Connell, the owner, brought suit against the Town in the Superior Court for' damages because of laying out the line . The case went to tthl and it was determined that the buildings could remain but the owner could only maintain the buildings and he could not alter them. He explained that if the Town, at a later date, actually lays out the street and takes a portion of the building that is situated within the line, the Town has to pay the damages for the building it takes . If the building burned down, there would be no building for the 540 Cil Cin Town to take andthe owner could not rebuild in that area, but would have to stay back of the Building Line . He ex- plained that when the Town widens the street, it will pay only for the damage occasioned by cutting off that portion of the building. He advised that Town Meeting is the only body who can release any right the Town May have ; the Selectmen do not have that power.. Mr. Stevens stated that with the Trani building, it was done on the basis of an agreement with Mr. Trani, that if the Town ever took any further rights in the land and buildin a within that Building Line , he would accept the sum of $10,000 as being the damage to the building, no matter what the value of the building might be . He stated that the agreement also included an option for the Town to purchase the building for $10,000. He said that , similarly, the Baker building is subject to this restriction. He stated that the Town has paid money for this damage and all that can be done to the build- ing, is to maintain it. Alterations go beyond what the owner can do unless the Town sees fit to authorize it, and he assumed the Town would not do that unless it was protected by getting the damages if in the future the Town decides to widen the street . Mr. 9uthet said he understood the Town wants to protect its rights and does not want the value of the buildings increased. He said he would not be doing anything to increase the value of this building and it is something personal being done by Mr . Cataldo. Mr . Richards explained that the lease does not have any bearing on this even though the building would have to be replaced. Mr .Baker said if the Town takes the building, then the lease terminates . He stated he was drawn into this because of the letter he received but he is 1. not a part to the alterations. Mr. Stevens explained that he is in this because he owns the building and any agreement that might possibly be prepared, would have to be with the owner . Mr. Richards said that admittedly this is an alteration, but if there was a question ,of this bearing wall being unsafe , the Building Inspector would request Mr . Baker to do something about it or he would not be able to keep the store open for business. He would tell him to replace the decayed beam and then there would be no question that it would be maintenance . Mr . Stevens stated that doubtless it would de- pend on all the facts . Mr. Richards said in this case, it may or may not be an improvement . Assuming it is not improving the building, as Mr. 0L'thet states, he asked why it would 541 I be necessary to force the Town' s interest there if there was no increase to the value of the building. Mr. Stevens said Mr. Richards was speaking practically and not technically. The Chairman stated that if there could be an agreement with Mr. Baker, such as there was with Mr. Trani, he could do anything he wanted to and could get a building permit . Mr. Baker said if he had to sign away the build- ing for $10, 000, that ,_:would be out . He said to start and find out how much the building is worth and go to the bank is too much for him to do, but if the Town wants to buy it now, all right. Mr . Outhet stated that Mr. Baker does not want to get into any legal entanglements when Mr. Cataldo is going to do the work. Mr . Richards said the Board was faced with a more serious job with Trani and it seemed to him it would not be to the Town' s disadvantage to let him do it, but he did feel that the problem is there . The Chairman stated that each building would have to be considered on its own. The group retired at 9:08 P.M. It was agreed to request Mr . Carroll to put the Building Line on the plan presented by Mr. Outhet, return it to him, and ask him to see what they can work out in the way of changes that would not do much in the front twenty feet. Mr. Joseph Rooney met with the Board at 9:30 P.M. He stated that the Lions Club is concerned over the publicity pertaining to the Blue Laws in relation to the 4th of July celebration. He has discussed the matter with Chief Rycroft who said that in the past he has never given permission and never hadthe Blue Laws authority to give permission. Mr. Rooney asked if he should go to. the District Attorney and the Chief felt that it was not necessary to contact that office . He said the Club does not want to spend any more money than it has and then be closed because of the Blue Laws on July 4th. He said the activiities would not be open on Sunday but would be on Monday from 6:00 P.M. until Midnight and on Tuesday from 10:00 A.M. until midnight. Mr. Adams mentioned that this had been a typical fourth of July celebration for years . Mr .Richards said he did not think there would be any problem. 542 Mr. Ferguson stated that the Board could not give the Club any assurance or tell Mr. Rooney one way or another . Mr. Rooney retired at 9:40 P.M. Request was received from Herbert J. Casey, Jr. , , President, Lexington Little League ,. Inc . , requesting Sticker permission to conduct the League ' s annual Sticker )rive Drive on Saturday, June 10. • Upon motion duly made and seconded, it was voted to grant the request . Letter was received from Herbert J. Casey, Chair- man of the Flag Day Committee, Lexington B.P.O.E. , re- questing permission to conduct a Flag Day Ceremony on Flag Day the Common June 14 at 7:00 A.M. The Board had no objection, and Mr. Richards agreed to represent the Board and accept a flag from Representative Bradford Morse . Letter was received from the Lexington Chapter, American Red Cross, inviting the Board to attend the Invitation Chapter' s Annual meeting on Wednesday evening, June 7, However, the Board had accepted a previous invitation to attend Raytheon' s Open House on the same evening. Letter was received from Holman Day, 23 Shirley Street, requesting abatement of an ambulance charge of Ambt:;lance $10.00. charge Upon information received from the Welfare and Veterans 's departments, it was voted to deny the request . Upon motion duly made and seconded, it was voted to appoint Mr . Leo Gaughan, 32 Liberty Avenue , to the Town Celebrations Committee for a three-year term ex- Appointments piring March 31, 1964, replacing Mr . Bongiorno; to appoint Mr Leo Poplawski 14 Oxbow Road, for a three- year term, replacing Mr. Cronin; and to re-appoint Mrs . Georgia H . Williams for a three-year term exAring March 31, 1964. Upon motion duly made and seconded, it was voted Appointment to appoint Lewis L. Hoyt an Associate Member of the Board of Appeals for a term expiring March 31, 1962. Appointment to the Board of Health was held over. Appointment Names suggested were James West, Perry Lord and David Marshall. l 543, Further consideration was given to offer received from Busa Realty Trust for the purchase of lots 191-197 inclusive ; lots 280-205, inclusive and lots 236-246, inclusiveA on Circle Road . Tax title Mr. dams said he agreed with the Planning Board' s recommendation that the Town retain ownership of these lots until such time as the street has been laid out for its entire length. Upon motion duly made and seconded, it was voted to advise Mr . Busa that the Board has not changed its previous opinion and still believes it to be in the best inter st of the Town not to dispose of these lots . Consideration was given to offer received from Alfred Iodice forthe purchase of lots 22-25, inclusive , on Marvin Street . Tax title It was agreed to refer the offer to the Planning Board and ask if that Board has any plans for the area . Four bids were received for printing 500 copies of the combined Building, Plumbing, and Sign By-Laws as follows : Offset Printing, Inc. X690 8 x 5 reset 368 82 x 52 reduce Plus $85 for spiral binding Bids Spaulding-Moss Company $1272 reproduce from copy 325 saddlewire Lexington Pres§,_ Inc . $ 573 reduce from copy 935 Photograph copy Plus 204 copy spiral 5t x 82 3O ' copy spiral 82 x 11 Barry Printing Co. $ 729 saddle bound 744 side stitched 760 spiral bound Upon motion duly made and seconded, it was voted to accept the low bid of $368 for 500 copies plus $85 for spiral binding, reduced page, submitted by the Offset Printing, Inc . Application for use of Cary Memorial Hall for a Senior Class Party was received from John A. Thoren, 482 Marrett Road and Alfred E. Oliva, 20 Buckman Drive . Use of Hall The Chairman reported that she had received a telephone call from Chief Rycroft and he felt the applicants should understand that the doors can be 544 CD opened and outsiders let in. He suggested that a sufficient number of adults be present to maintain order. Mr. Ferguson said that there must be some reason for holding the party in Cary Hall rather than at the High School, and that bothered him. Upon motion duly made and seconded, it was voted to grant the use of the hall subject to a fee of $35.00, the applicants to be instructed to have enough chaperons to maintain order. 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 : Licenses Nelson F. Bramer, Jr. 8 Longfellow Road Taxi driver William C . Mears 15 Lantern Lane " " David P. Ahern 31 Woodcliffe Road Peddler Mr. Adams said if the Board intends to join the Massachusetts League of Cities and Towns, he did not League of see any reason for postponing it, and that he was very Cities & much impressed by the meeting he attended in Worcester . 1 owns He said he thought it would be well worthwhile . The next meeting of the League is on June 14 or 15. Decision was held over. The Chairman reported that Mr. J hn Byrne , Plumb- o ing Inspector, had called her, having read in the local Gas paper that the Board had interviewed applicants for the Inspector position of Gas Inspector, and advised that he was interested. It was agreed to invite Mr. Byrne to meet with the Board next Monday. Upon motion duly made and seconded, it was voted to adopt the following schedule of fees for electrical work: Cost of Work Fee 1.00 to $ 50 .00 $ 1.00 51 .00 to 300.00 3.00 301 .00 to 600.00 4.00 601.00 to 1,000.00 5.00 1,001.00 . to 5,000.00 10.00 5,001 .00 to 20,000.00 25.00 Over $20,000. . 100.00 545 . Upon motion duly made and seconded, it was voted to hold the first Board Meeting in July on the tenth Meetings and every other week thereafter during the months of July and August. The meeting adjourned at 10:55 P.M. A true record, Attest: lt � 1E* /' iver , Select en Alit" /- I I