Loading...
HomeMy WebLinkAbout1961-06-26-BOS-min 569 SELECTMEN'S MEETING June 26, 1961 A regular meeting of the Board of Selectmen was held in the Selectmen' s Roam, Town Office Building, on Monday, June 26, 1961, at 8:20 P.M. Chairman Morey, Messrs . Ferguson, Richards and Cole were present . Mr . Stevens, Town Counsel, and the Executive Clerk were also pres3nt. The Chairman reported th.r t the Town Clerk received petitions for a referendum upon the vote adopted under Article 2 of the Warrant for the Special Town Meeting held on June 19, 1961. She stated that they were signed by 1,026 signatures of which 450 were checked by him and found to be as they appear on the records Referendum of the Board of Registrars. She said the question is whether the Bos±d wants to call a meeting for a Monday, and if so, it will have to be the tenth of July, which means the warrant will have to be signed this evening. She explained that she discussed the subject with Mr. Carroll, Town Clerk, and he has figured out how the question could be set in the voting machines so that there could be no mistake . She presented a ample ballot and explained the location and size of the print- ing. Upon motion duly made and seconded, it was voted to call a special meeting for Monday, July 10, 1961, pursuant to petition received signed by the required number of registered voters, the poles to be open from 7:30 A.M. until 8:00 P.M. , and to sign the warrant. Mr. John Carroll, Superintendent of Public Works , met with the Board. He reported that the tenant at 561 Massachusetts Avenue has been transferred and has to leave by the end of June . 561 Mass . Mr. Richards asked if ha was occupying the house Avenue as a tenant at will and when he gave notice . Mr. Carroll replied in the affirmative and, said he received the notice last week. Mr. Richards asked if he was in the service and Mr. Carroll replied in the affirmative . Mr. Richards explained that the Board has no choice and the property should be placed with real 570 0.14 Crn estate agents immediately. He said if the present 111 occupant is going to be in the house any part of July, he will owe a month' s rent. No change was made in the rental charge . Mr. Carroll reported that bids for the sidewalk in Paul Revere Road were opened June 12, and out of six bidders, the low bidder was A. Lucchetti & Son - B. & R. Construction Co. with a price of $9,568.00. Sidewalk He recommended that the contract be awarded. bid Upon motion duly made and seconded, it was voted to award the contract for the construction of a side- walk on Paul Revere Road to the low bidder, A. Lucchetti & Son - B. & R. Construction Co. at their bid of $9,568.00. Mr. Stevens left the meeting at 8:34 P.M. Mr. Carroll referred to a slope easement taken at 311 Lowell Street and said the house , owned by Mr. Coblyn, is quite a bit above the street and the drive- way, before construction, was about 18%. The proposed slope will be 22%. . He reported that he , and State re- presentatives, went to Mr. Coblyn before anything was done on the driveway and said the driveway could be re- located practically any way he wanted it. Mr. Coblyn said he wanted the garage lowered, but Mr. Carroll and the State engineer said nothing would be done to lower :;oblyn' s the garage . At the conclusion of the meeting, it was driveway left that the driveway would be roughed out on the ground to see what it would look like . The contract c went in and Mr. Coblyn ordered him off the property. In an attempt to try to solve the problem, Mr. Carroll had a meeting in his office, at which time Mr. Coblyn said he had not understood what Mr. Carroll had previously told him, and now he wants the slope back further . He reported that at this point, no decision has been reached as to what the final shape of the driveway will be . The Chairman reported that Mr. Stevens and Mr. Carroll have been working on the water contract and expect to have it ready for discussion Wednesday night. Mr . Stevens asked if the Board wanted to postpone until then Acting on an extension of time . He reminded the Board that the termination date with the Air Force is July 1. He explained that Mr. Carroll has arranged a meetinggas there are a few minor engineering questions to be settled. He advised that Mr. Toole, of the MDC , said the Commission did vote to furnish water to the Town at the Watertown Street conn;ction. 1 • 571: • Mr. Richards asked if the Board would have the draft agreement by Wednesday and if it would be ready for the Board' s approval . • Mr. Stevens replied that one of the questions was whether there should be a straight ten-year term or have it written for ten years and continue there- Air Force after at different rates . Now word has been received Contact from Washington that it is all right to proceed on the ten-year basis plus the continuation thereafter. He said by Wednesday night everything should be cleared from the point of view of the Town so it is just a matter of sending them a re-draft. Mr. Carroll said he would like to go over the water rates with the Board before his conference with the Air Force representatives . Upon motion duly madeand seconded, it was voted to further extend the date of termination of the water service contract No. AF 19 (604) -781, dated May 7, 1952, as amended, for a period of two months . Upon motion duly made and seconded-, it was voted to go into executive session for the purpose of dis- Executive 1 cussing, deliberating or voting on a matter which, if Session made public, might adversely affect the public security, the financial interest of the Town, or the reputation of any person. Following a discussion relative to Sergeant John A. Russell's application for retirement, it was voted to resume the open meeting. Mr. Stevens retired at 9:20 P.M. • Before resuming the open meeting, the Board had voted to retire John A. Russell, Sergeant of the Lex- ington Police Department, for accidental disability Sergeant under Section 85S (a) of Chapter 32 of the General Laws Russell' s at an annual pension equal to two-thirds (2/3) of the retirement highest rate of compensation received by him while holding the grade of Sergeant; said retirement to be effective as of June 27, 1961. Messrs. Leon Burke, Robert Burke, and John Groden met with the Board relative to the Lexington Historic Tour Train Inc. Historic Mr. Leon Burke said the subject for discussion is Tour Train permission to operate a vehicle in the community for tourist purposes. He stated that in recent years he has been close to the tourist business having been a guide and having kept in touch with the situation. He 572 C said with the National Hi toric Park cow� he thinks f iers is a need ror some type oconductea sour avail- able for the people coming to Lexington. He said they expect an influx of visitors . Now there are about 80,000 and it appears that there will be 1,000,000. He said they have spent a good deal of time on the design and the basic plan has to do with a tour train such as he had placed for the Board to view. He explained that it would be gas powered, on rubber tires , twelve pas- sengers to a car with a total of sixty-four . He said the color scheme is what they feel to be best suited. He said they hope to have professional people in the school system who know how to handle adults and are well acquainted with the history of the community to operate the train. The tour director would be the driver and he would be under Mr . Burke ' s supervision. He said tourists could park their cars in the new parking area recently provided by the Town , and this would also help reduce the number of buses that come to the community. He explained that they hope , at each of the stops, to acquaint the people with the contents of the various historical houses and urge them t• see at least one or two of them. They have contacted many people who have served the Town over a period of years and spent hours interviewing . In each instance , they have had excellent reaction and they think it is a service that could be provided by private enterprise providing till is done on a quality scale . He explained that there would be a speaker address system built into the top of eahh of the seats and will be done so it will function for its particular design and will not cause any outside interference . All of the safety factors have been checked with the Massachusetts Department of Public Works and the Registry of Motor Vehicles and hove gone over the plan with the Chief of Police who could see no problems on the routing of the train. He stated that a maximum insurance program has been worked out. Mr. Burke said they were asking for permission on this because of the proximity to the parking area. He pre- sented a plan of the proposed route and said they would like to operate the vehicle from April 19 to October 12, depending on the length of the fall and spring seasons, and it would be operated seven days a week. He said they would work with the guides and not overlook them. Mr. Burke said the train is sixty feet long and seventy-two inches wide and will turn on a fifteen-foot radius . He said the vehicle has to be hand made and it takes about ten months to complete it. He said they in- tend to work closely with the Chief of Police and take the suggestions of that department . 573 IThe Chairman asked about the rates, and Mr. Burke said the charge would be $1.75 but they intend to run a tour for $1.00 for adults and 501 for children under twelve . They also hope to provide tours at �5/ per student and said the rates would actually have to be governed ac- cording to a particular group of people . The Chairman asked if the cars could be discon- nected, and Mr. Burke replied in the affirmative . The Chairman stated that the historical houses don' t like to have groups larger than thirty at a time . Mr. Richards asked where the tourists would buy tickets, and Mr. Burke said that would be controlled by the conductor. Mr. Richards asked if any provisions had been made for people waiting, and Mr. Burke replied in the negative . Mr. Richards asked how a group of people waiting for a tour would be taken care of. Mr. Burke replied that when a tour is not avail- able, people usually avail themselves of the particular bdildings and stores in the area and plan to arrive back in time to take the next scheduled tour. Mr. Ferguson asked how the people would know there is a tour if the train was not in, and Mr. Burke replied that the best way to handle it would be to have one sign - I board in keeping with the scheme of the train posted from 9:00 A.M. until L. P.M. , at which time it would be removed. Mr. Richards mentioned other activities in the area such as the art exhibit and Mr. Burke said that exhibit takes place after the operating season of the train. Mr. Richards asked if the train would stop briefly at the houses but not long enough to unload the train, and Mr. Burke replied in the affirmative . Mr . Richards asked if the purpose of having this type of vehicle was that it had certain advantages ever the sightseeing buses in that it would hold a few more people . Mr. Burke replied that it has sales advantages. The Chairman asked where the vehicle would be kept, and Mr. Burke replied that they hope to erect their own building in some location where it is permissable to do so. The cars can then be dieconneeted and wheeled in. He said they met with the Historical Society and had a very nice discussion and the people of the society felt it was a service the town needs . The society was going to send him a letter to present this evening, but it did not arrive. Mr. Richards said at times parking is restricted in this area and asked *hat would happen then. Mr. Burke replied that they would not operate and in all instances they want to co-operate in every way possible . He said 574 they would not operate on April 19 and the train will be off the street by five o'clock. The Chairman said this is a business and asked where it would be operated from. Mr. Burke said from his home at 31 Meriam Street. The Chairman said before any license is granted, they should have a business address. Mr. Ribbert Burke explained that 31 Meriam Street is only a mailing address . Mr. Richards said he was bothered by the fact this may be a little too much all of a sudden so close to the center of the Green. Mr. Burke asked if he meant the service or the vehicle, and Mr . Richards said he was disturbed by the vehicle itself. Mr. Burke said the color scheme would be edited if the Board wanted them to. The Chairman asked if they were requesting the Board to give them a place of business, to start an operation on the main street in the Town for a commercial enterprise. She said the Board would be in a very awkward position to endorse something like this which is brand new and a trial venture . Mr. Richards explained the request received recently from Sears Roebuck for permission to utilize a portion of the Edison Way parking lot which was denied. Mr. Groden said he felt there is a public demand for this and is for the tourists attracted here . The group retired at 10:05 P. I. No action was taken. Upon motion duly made and seconded, it was voted Meeting to approve the minutes of the Selectmen' s Meetings held on June 15 and 19. Messrs . Douglas Robertson, Everett L. Chandley, Charles H. Greim and Paul Huoppi, all of Grapevine Avenue , met with the Board. Mr. Robertson asked for the revocation of Mr.Marshall' s license to operate a bakery. He reported that he has not Complaint been able to sleep a night in the last ten days nor has Marshall' s his wife . He said the bakery starts at 3:00 A.M. , at Bakery which time pans of biscuits, or something, axe taken out of the ovens and banged on the tables . He said the activities at the bakery impaii the health of his mother- in-law, his wife and himself. He has spoken to these people many times and he is now asking to have the license revoked. He said the baking odors in the morn- ing at six o'clock are so bad he cannot open his windows. 575 He said this is no longer a bakery, but is now man-- facturing. He said they cannot live there because of the bakery and he can' t afford a court case . The only way he can askfor help is through the Board. Mr. Chandley said he would second everything Mr. Robertson said. He said there is profane language and complaints have been made to the owners and to the police but without any results . He said recently . the street was paved and the property owners pay so much per footage, but the people working at the bakery park their cars up and down the street . He said yesterday morning there were eight cars parked there , and it is a hazard because it makes one-way traffic. He said he questioned whether or not there is some conspiracy between the Marshalls and someone else ; protests have been made but ignored. Mr . Huoppi said the odors coming in through the back yard make his wife sick. There is noise and it is becoming a place one does not want to live in. He said they would like to have something done about it . Mr. Greim said he understood this is the third time a complaint has bean made to the Bor d. The Chairman said she did not know if it was the third, but temporary improvements have been made . Mr. Greim said when he moved here five years ago, this was only a bakery and now it is more than a bakery. They are operating a planband have consulted with no one . He said they are trying to purchase two other lots adjoining their property and make a parking area. He asked what the Board was gdng to do . He said last winter fire apparatus would not have been able to get down the street because of the cars parked there . He said he would like a report from the Board as a result of this meeting. Mr. Robertson said they have a new washing machine for the racks built up to the property line and asked why he had not received a notice of the construction of a two-story building. The Chairman said the Board would discuss the matter and let him know what its decision is . Mr. Richards said the Board is very conscious of the situation and has gone over what was reported and aent the Building Inspector down. The latest report of today is that the parking area in back of the Home- land Realty is no longer available to Marshall. He said that at a certain point an operation of this nature would become a nuisance or that it would be so far divorced from the permit that it would then tend to impair the status of the neighborhood. 5i �..� r-� Mr. Robertson said that Mr. Crosby is the Office Manager and Mr. Roger Marshall is the head of the company. The group retired at 10:30 P.M. Mr. John Carroll returned to the meeting. Mr. Richards asked what the Board could do to en- force the conditions under which the variance was granted, and if the conditions are not met, how the permit could be revoked. Further consideration of the matter was held over until Wednesday evening. Letter was received from Mr. Dow; H. Darden, Jr. , 61 Burlington Street, advising that the Board' s offer, in settlement of damages resulting from taking of Darden easements by eminent domain in connection with the claim alteration and relocation of Burlington Street, is not adequate . The Clerk was instructed to make an appointment for Mr . Darden to meet with the Board at the next regular meeting on July 10, Mr. Carroll presented the members of the Board with a water rate study, together with a rate chargg Water showing water rates of other communities within the Rates MDC . After some discussion, it was decided to post- pone a decision on this matter until a later date . The Chairman read a letter from Mr. Stevens with reference to lot 23, block 89 Garfield Street, asking if it was the Board's intention to include a restriction in the deed whereby this lot be combined with adjoining lot of the buyer. Mr. Richards said the Board could amend the vote to sell the lot with the understanding it be combined Tax title with theme xt lot . Upon motion duly made and seconded, it was voted to amend the vote of May 23, 1961 to sell and convey lot 23, block 89 Garfield Street to Joseph E. Casey so as to include a restriction requiring this lot to be combined with adjoining lot owned by Mr. Casey. Upon motion duly made and seconded, it was voted Sewer Order to sign an Order of Sewer Taking for the installation of a sewer in Park Street from Reed Street northeasterly 350 feet, more or less, to Lee Street. Upon motion duly made and seconded, it was voted to sign an Order of Sewer taking for the installation Sewer Order of a sewer in Lee Street from Park Street 320 feet, more or less, northwesterly to Centre Street. 577 The Chairman mentioned a meeting with two members from the Planning Board and two members from the Board Meeting of Selectmen requested by the Junior Chamber of Commerce to be held Wednesday at 2:00 P.M. Mr. Cole agreed to attend the meeting with the Chairman. Letter was received from the Recreation Committee advising that after discussions with Mr. Snow, Mr. Abell and Mr. Carroll, it was understood that it would be feasible to leave the cinder track at the Center Playground undisturbed by Worthen Road. The Committee Worthen Rd. recommended the construction of a retaining wall to Cinder Track separate the actual paved section of the road from the track and that the Town temporarily postpone taking the full width, 70-foot right-of-way, of Worthen Road at that point. Mr. Richards said he did not think the Board could could change the taking at this time . Mr. Ferguson suggested that the Committee be ad- vised that the full width would be taken but in the layout of the pavement Mr. Carroll would be asked to be as careful as possible of the cinder track. The Clerk was instructed to have the latest plan of Worthen Road, showing the sedion by the track, available for Wednesday evening. I Petition was received from residents in the Lowell Estates development requesting the erection of signs warning motorists to slow down to twenty miles per hour. Information on the subject had been obtained from the Petition Police Department and mailed to the Board. for Signs It was agreed to advise that inasm .ch as the streets are private ways, not having been accepted by the Town, the Board is unable to grant the request. The following items on the agenda were held over until Wednesday evening: Executive Assistant, Leave Regulations, Whitman & Howard, Gas Inspector, Jury Questionnaires. Further consideration is to be given to appli- cation for a license from the Lexington Historic Tour Train, Inc ; Complaint re Marshallts Bakery and the Air Force Water agreement . The meeting adjourned at 11:35 P.M. A true record, Attest: I � ,�/ - �Itxe ti Cle 1. , Selec tm3 n r r -. '-'1 ALAI'-Iii ...'1