HomeMy WebLinkAbout1969-08-11-BOS-min 3M4
SELECTMEN'S MEETING
August 11, 1969
A regular meeting of the Board of Selectmen was held in the
Selectmen's Room, Town Office Building, on Monday evening, August
11 , 1969 at 7 30 P.M Chairman Cataldo, Messrs. Mabee, Kenney,
Greeley and Bailey were present. Mr Legro, Town Counsel, Mr.
Burke, Superintendent of Public Works; Mr McSweeney, Town Engi-
neer, and Mrs McCurdy, Executive Clerk, were also present.
Mr Legro informed the Board that be needed information
for motions for Town Meeting.
The Chairman said that the information on the school must
come from the Permanent Building Committee and the Appropriation
Committee will vote this evening on the funds
Public Mr Burke informed the Board that, because of a strike in
Works the asphalt industry, the earliest date to start the seal coating
program would be in two weeks, maybe longer.
Mr Burke said that he had received a letter from BrighaWs
Refuse and had given them permission to install a refuse container, to
Container be maintained by Brigham's; this would be there during business
hours only and would be removed at night.
Mr McSweeney read a letter from William Mirley, Outside
Plant Manager-Engineering, of the New England Telephone Company,
regarding the plan previously submitted to the Board on under-
ground conduit on Marrett Road and Spring Street. The letter
Spring St. states that a meeting was held with Mr McSweeney, Mr. Gray,
Underground Mr. Kent, Engineering Associate for the Telephone Company and
Conduit Mr Mirley, to discuss the underground conduit route. Presently,
there are three overhead cables on the poles, working at 94% of
their capacity. Two plans were proposed
Plan A proposed an underground conduit system which involves
building approximately 1900' of underground conduit on Spring
Street from Marrett Road to the Waltham line, lateral connections
will be built from the new conduit system to the various aide
streets to provide the underground carrying plant needed for the
gradual removal of the existing aerial plant, at a total cost of
$138,847
Plan B proposes to construct 5500' of underground conduit on
Waltham Street from Marrett Road to Hayden Street; 5500' of under-
ground conduit on Hayden Street and 2400' of underground conduit
on Spring Street from Shade Street to the Waltham line. It will
still be necessary to build the 1900' of conduit on Marrett Road
from Waltham Street because the State DPW intends to repave
Marrett Road in the near future Total cost of Plan B is approxi-
mately $247,350.
385
Mr Mirley states that it is their opinion that due to the
excessive cost of Plan B over Plan A, which amounts to $108,503,
the construction of underground conduit on Hayden Street instead
of Spring Street cannot be justified.
Mr Bailey asked if the Telephone Company is going to re-
view the plans with the Edison Company?
Mr. McSweeney said that, as far as he knew, the Edison Com-
pany has no plans to go underground.
The Board agreed that before a decision is made, the residents
would be informed.
Mr McSweeney informed the Board that the Boston Edison Com-
pany had submitted a revised plan of the pole location at 209
Follen Road. Mr. Harold Stevens, abutter, had approved the new Pole
location and Mr McSweeney requested the Board to approve the new Location
location.
Upon motion duly made and seconded, it was voted to approve
the new pole location at the intersection of Pollen Road and
Locust Avenue, according to the plan dated June 10, 1969.
Mr. McSweeney requested the Board to approve the amendment of
the Traffic Rules and Regulations regarding Rill Street, as recom-
mended by the Traffic Safety Committee.
Upon motion duly made and seconded, it was voted to amend the
Traffic Rules and Regulations as follows.
Location Side Prom To Restriction
Hill St
Hill Street West Diana Lane 750' Northerly No Parking
Mr McSweeney said that the Traffic Safety Committee has re-
viewed the relocation of Route 2A, as proposed by the State
Department of Public Works. When he and Mr Gray attended the
meeting with Commissioner Ribbs, he had asked for a copy of the Route 2A
plan and would come back at a later date. They were told that a
hearing would be held late in the summer but, as yet, they have
not been notified; perhaps, it will be held in the fall.
A plan of the area was discussed by the Board and Mr
McSweeney explained that there is no access road at the Lexington
line and Route 128; with this plan, all Town vehicles would have
to go to Lincoln. There would be a problem at Honeywell Company
and a certain amount of extra traffic could result. With the in-
vestment of the town in the Industrial Park, they would like to
get together with Cabot, Cabot and Forbes and Honeywell to resolve
the access problem. Mr. McSweeney asked permission of the Board
to meet with the people involved to see if it would be possible to
have an access road in Lexington, not Lincoln
Mr Kenney asked if this had been reviewed with the Planning
Board
Mr McSweeney replied in the negative.
The Chairman said that the next meeting of the Planning Board
Rte 2 will be held on Septembel 8; in the meantime, set up an appoint-
Access Rd. ment with the DPW and inform them of the position of the Town
regarding an access road is Lexington.
The Chairman said that he had received a call from Commis-
sioner Ribbs regarding the access road from Hartwell Avenue; a
meeting has been scheduled for September 3, and they will come
back to us with their position
The sale of tax title lots 97, 98, 99 and 100 Grandview
Terrace was discussed
The Chairman asked the feeling of the Board regarding the
sale.
Mr Kenney said that Mr Kleeberg bid $1800 for lots 97, 98,
and 99 to combine with his property; Mr Ryan bid $900 for lot
100 to combine with his property; Mr. Bsserian bid $4550 for the
four lots
Mr Greeley said that he would be inclined to give the lots
to the two people, Mr Kleeberg and Mr Ryan, whole lots adjoined
the tax title lots
Mr Greeley made a motion and Mr Kenney seconded it to sell
tax title lots 97, 98, and 99 Grandview Terrace to Mr. Kleeberg
and lot 100 Grandview Terrace to Mr Ryan.
Mr John Caserian was present at the meeting and said that,
' Grandview Ave obviously, he had been negotiating for six months; he had a
6 Tax direct bid on February 17 and the bid was accepted in good faith,
Title as a negotiable item; in addition, my offer was raised on the
first basis, when it was not a public bid When the Selectmen
felt it should be a public bid, the high bid was not accepted
and he would like the reasons why.
The Chairman said that we always, regardless of conditions,
put tat title land out to bid and the bid states that we re-
serve the right to reject any ,or all bids. We have discussed
this and this Board feels that we will sell to the two neighbors
to improve their properties, rather than combine the lots for a real
real estate transaction. We feel that these people will continue
to be residents of the Town and you would improve them strictly
as a real estate transaction
Hr Esserian said that he was a resident of Lexington and he
has improved that neighborhood and he does intend to build a home
on that lot.
Mr. Bailey asked tf Mr Esserian has had any conversations
with Mr Ryan and Mr Kleeberg?
Mr Esserian said, no; he had just gone by the format; the
offer was never denied, it was accepted as a document on
February 14
The Chairman said that we never asked you for a bid; we ac-
knowledged that we received one from you. We consider every
request; many times when going out to bid, the initiator doesn't
end up with the bid
387
Mr Esserian said that it could have been told to me six
111 months ago; based on your reasoning, I didn't have a chance to
bid.
Mr. Greeley said that he thought if Mr. Esserian had asked
six months ago, we would say in many cases we favor the person
who would get a lot added to his already developed property, to
develop it further If you asked me, I would have said we want
to see what the figures look like.
Mr. Esserian said that public bidding was not necessary.
then. In the letter, it was $1,000. If the only bid accepted
was the public offer - my bid was higher
Mr Kenney said that at the time of going out to public
bidding, we didn't know the two neighbors were interested; we
took advantage of the long-term interest to the Town.
Mr Bailey asked, what is your distinction?
Mr Esserian said that he does intend to clear that land out,
including the possible existence of Grandview Avenue; my first
offer was made; if the Planning Board had thoughts, they concurred.
I went through every phase that was asked of me.
Mr Kenney said that they concurred with the other two people,
also.
Mr Esserian said that, with great respect, he did object to
his bid not being< accepted; there were many delays and he was
pretty patient His high bid is denied. He felt that his bid was
rejected on the basis that he was not qualified to bid.
III
The Chairman and Mr. Greeley said that he was considered
qualified; that the decision was based on other reasons.
The Chairman said that Mr Ryan and Mr Kleeberg have been
patient. Mr Kleeberg initiated this It was put out to public
bidding and we took into consideration your bid had the advantage
of three times around
Mr Esserian said that we only have one premise, I am high.
I am not a developer, as such; this is a one-shot transaction.
Mr Kenney asked, aren't you going to have three lots?
Mr Esserian said that he has a one-shot development. I am
going to build a house for Myself and sell the rest.
The Chairman said that the Board understands his position
Upon motion duly made and seconded, it was voted to sell tax
title Iota 97, 98 and 99 Grandview Terrace to Gunther K E
Kleeberg; to sell tax title lot 100 Grandview Terrace to John E
Ryan
Mr Cataldo, Mr Kenney and Mr Greeley were recorded in favor.
Mr Mabee was recorded as present.
Mr Bailey was recorded in opposition.
Mr Bailey said that he would have felt better if the indivi-
duals got together
Mr Esserian asked :if the three parties could get together on
this?
Mr Greeley asked if he was asking to rescind the vote and
111 asking the Planning Board to negotiate with the sub-division of
four lots to satisfy the needs of all? It is my guess that it
would be fruitless.
Mr Esserian said that it would be fruitless if he doesn't
get the three lots.
The Chairman said that there would be no further comments.
The case is closed after two years.
Mr Warren Roberts met with the Board. Re asked the Board
to appoint him a member of the Lexington Commission on Suburban
Responsibility, as a representative of the forgotten man; he
said that as soon as he is brought from obscurity, he is what we
all want to be. One of the problems with the Committee is they
will be discussing matters political and economical in their
nature; it is the tendency of man to see only the effects of a
given policy to a given group and not the *ong-range effect; of
over-looking the effects not for one group but for all. He asked
the Board to consider appointing him but, if the Board had some-
one else in mind to represent the forgotten man, one who is more
readily prepared in diggingin, he would step aside.
The Chairman said that we have tried to come up with a cross-
section of the Town on appointments to the Commission. First, we
appointed two people, - Town Meeting Members, - and felt they were
elected members and representatives of the people and could talk
for the man in the street; they would cover the area you are talk-
ing about.
The Chairman asked Mr Greeley for comments.
Mr Greeley said that we have tried to represent the Townwide
agencies with interest in problems, rather than citizenry. Each
LCSR member was selected because he has a group with Townwide interest,
not a representative as such, We have been asked to appoint
politically :and our attitude is, we shouldn't. The meetings have
all been open and Mr. Roberts has been there. The Commission is
a coordinating group not an action group; I don't think that the
Commission should represent the citizenry, rather than the agency.
I can agree readily with the analysis of Mr Roberts on some of
the economics but I don't concede that he is the forgotten man
and could take the long-range view of 11944, etc. I think that
the objectives he describes, including the objectives of the Com-
mission, are all served by members of the Commission.
Mr Roberts said that, at the meeting, I was under a handi-
cap; I tried to bring up the things not immediately seen and the
consequences of such actions and there was distinct hostility to
such ideas. There was a- prevailing political attitude. You say
that I am trying to represent myself; this is not the case. If
you realty insist that I represent an organized group who are
concerned with this, this means I must find a firm pressure
group. Any Committees, you might say, are special interest groups;
these represent the bureaucracy of the Town, which is a special in-
terest. The other members of the Committee would not have as much
as I to represent.
Mr Kenney said that we tried to make a wide selection. I
don't think what you say is particularly true; the average man in
the street, the man who pays taxes, is well represented. We didn't
want to get too many people on this Commission; it would become too
unwieldy.
Mr Roberts said that every member of the Committee is what
could be called a political liberal; no one is a libertarian, no
individual freedom and responsibility
Mr Greeley said that he is raising a fundamental philosophical
question on whether this group in some way could have adequate repre-
sentation of individuals in the group; he feels he can represent the
citizenry-at-large and the members of the Commission cannot represent
the individual-at-large. I challenge him to prove the fact that he,
as an individual not associated with others, could; rather than TMMA
to represent others.
Mr Roberts said that you mention that I don't represent an or-
ganized group; the forgotten man is not inclined to special organi-
zations and to plead for his special case; that is why he does not
get the special attention.
Mr Greeley said that his argument is defeating - that it does
not Allow a member of the establishment to represent him.
The Chairman informed Mr Roberts that the Board would take his
request under advisement and let him know the decision of the Board
Later on in the meeting the matter was discussed, and the Board
agreed to deny Mr. Warren Roberts' request to be appointed a member
111 of the Lexington Commission on Suburban Responsibility.
Upon motion duly made and seconded, it was voted not to enlarge
the Commission at this time
Mr. Arthur Burrell met with the Board.
Mr Kenney said that Mr Burrell asks that the Board consider
an application to the federal government for funds for an emergency
center in the basement of Cary Hall. It is the unanimous recommend-
ation of the Building Committee that we file an application for a
rebate of funds for plans and specifications for this center. We
could get 2,000 aq ft. in the basement and it would not be too dif-
ficult to do, construction-wise. We could apply for 50 percent aid.
Mr Mabee asked if we would qualify under the new budget of the Emergency
last Town Meeting. Operating
Mr Burrell said that we would get approval based on the last Center
Town Meeting The Architect said that this type of thing is thought
of in terms of a disaster.
Mr Greeley said that it is not to be used in case of an acci-
dent; it is meant only for disaster.
Mr. Burrell said that it would be designed for a heavy emergency
Mr Mabee asked how much the Architect said that the extras would
cost?
Mr Kenney said that, to file the application, he has to make
line drawings and cost estimates; the fee would be from $200 to $800.
$40,000 is a rough figure for the basement; to apply for reimbursement
of 50 percent on the basement.
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Mr Mabee asked if it would cost $40,000 to make that a slab,
instead of a basement?
Mr Keney said that there were a few changes to be made; he
could say $30,000, which is really a rough guess.
Mr Greeley asked if they were now asking for authorization
to apply?
Mr Kenney said that Mr. Burrell thought we could get author-
ization within the next few weeks - we don't want to drag it out;
if we don't explore, we might be making a mistake.
The Chairman said that your basic design would be continued
as ia.
Mr Burrellsaid that there is no commitment on this, this
has four steps; we have done this with the exception of the line
drawings Once we get further along with this, you are not obli-
gated to build
Upon motionduly made and seconded, it was voted to authorize
the Town Office Building Committee to spend up to $800 for line
drawings and cost estimates for an Emergency Operating Center, to
be filed with the project application to the Civil Defense Organi-
zation.
Mr Burrell retired from the meeting.
Mr Legro requested the Board to sign the contract awarded to
Brentwood Construction Corporation on July 28, 1969 for the con-
struction of the trunk sewer from Cedar Street to Rill Street and
Brentwood various laterals. There is a question about the insurance certi-
Sewer ficates but the Board could sign the contract.
Contract Upon motion duly made and seconded, it was voted to sign the
contract awarded to the Brentwood Construction Company for sani-
tary sewers, in the amount of $79,495.62, pending receipt of the
corrected insurance certificates.
Mr McSweeney said that bids were taken on July 28, 1969 for
streets and drains, on Manlev Court, Bridge Street, drains on
Merriam Street and Merriam Street parking lot and Glen Road. Be
recommended that the contract be awarded to R & J Salvucci Corpor-
ation, 4 Valley Road, Waltham, in the amount of $103,595; funds
Salvucci are available, in the amount of $105,861, under the Articles cover-
Streets and ing drain construction, Manley Court and Bridge Street.
Drains Upon motion duly made and seconded, it was voted to award the
Contract contract for streets and drains to R & J Salvucci, in the amount of
$103,595.
Mr McSweeney said that he has had a request for two private
Lichtenstein drains. One is from Mark Lichtenstein, 9 Augustus Road; a plan
Drain has been prepared by Nylander; this is a private way and it is
perfectly flat and of minimum grade; in the springtime and early
fall, water accumulates; he can't possibly regrade this house.
The Chairman asked if he is going to dig up the street?
e39_1
Mr McSweeney said that it is the only way to solve the prob-
lem. He had received a letter the other day which stated that all
work has been completed. I don't see any other way than to allow
him to connect into the drain.
The Board agreed to take this request under advisement.
Mr McSweeney said that the other request is from Dr Bennett
of Baskin Road; he has a similar problem and requests permission to
tie into the drains. Mr. McSweeney recommended that he be allowed
to tie into the drain; the waste system from the pool wouldn't be Bennett
entering this drain. Drain
Upon motion duly made and seconded, it was voted to grant per-
mission to Dr. Bennett, 10 Baskin Road, to tie into the drain,
subject to the specifications of the Town Engineer.
Mr. McSweeney said that Mrs McDonald, 96 Winter Street, has
requested again that he speed up the connection to the sewer. This
would be about $1500 for construction and the betterments would be Winter St
$298.75; this would finish up the section We will be doing the Sewer
engineering on the Brentwood construction and we could do it. Connection
Upon motion duly made and seconded, it was voted to authorize
the Town Engineer to include the connection to the sewer on the
property at 96 Winter Street
The Chairman read a letter from the ABC regarding the liquor
regulations for Labor Day, September 1, 1969. ABC Labor
Upon motion duly made and seconded, it was voted to inform Day
the Package Goods Stores to remain closed on September 1, 1969;
motels and clubs may sell liquor during the usual hours.
Upon motion duly made and seconded, it was voted to authorize
the Chairman to sign the Liquor Identification Card for Sharon A. I D Card
Frank, 236 Lowell Street.
Upon motion duly made and seconded, it was voted to certify
the character of the following, who have applied for a Certificate
of Incorporation.
Edward Wagner 30 Prospect Hill Road
"Losong Scholarship Foundation, Inc."
Cert of
Donald W Meals 15 Thoreau Road Incorpos-
"National School Development Council, Inc" ation
Robert B. Reynolds 21 Muzzey Street
Michael P Vidette, Jr 55 Waltham Street
Frederick J Conroy 5 John Poulter Road
John A.0 King 67 Shade Street
Michael P Vidette, Sr 12 Taft Avenue
Anthony L Mancini 115 Reed Street
George E Rowe, Jr 25 Bedford Street
"Kiwanis Club of Lexington-Bedford, Massachusetts, Inc."
Upon motion duly made and seconded, it was voted to sign the
Mass Ave agreement between the Commonwealth of Massachusetts and Lexington
Maintenance for Chapter 90 maintenance for 2100 feet of Massachusetts Avenue;
start at Route 128 and coming toward Worthen Road.
Worthen Rd Upon motion duly made and seconded, it was voted to sign the
Relocation petition to the County Commissioners for the relocation of
Worthen Road.
The Chairman said that a request has been received from the
Florence Crittenton League for the use of Cary Hall on August 15,
Cary Mall 1969 and asks the Board to waive the usual fee of $35
After discussion, it. was agreed to deny the request.
Upon motion duly made and seconded, it was voted to deny
the request of the Florence Crittenton League to waive the fee of
$35 for the use of Cary Hall,
Upon motion duly made and seconded, it was voted to approve
Minute. the minutes of the Selectman's Meeting held on July 28, 1969.
The Chairman informed the Board that a notice has been re-
Meeting ceived of the Annual Selectmen's Meeting, to be held on October 3-5
at West Harwich.
The Chairman read a notice from the County Commissioners of
' Public Roads Public Roads, informing us of a meeting to be held on September 17.
Meeting Mr McSweeney said that the Town will be represented at the
meeting.
Upon motion duly made and seconded, it was voted to sign the
Abatement abatement for a sewer connection bill issued to Walter K. Ryall,
54 Simonds Road; wrong footage
The Chairman requested the Board to appoint Eleanor H Chisholm
as Senior Clerk in the Selectmen's Office, S-9-11, at an annual
Appointment salary of $6660, effective August 11, 1969.
Upon motion duly made and seconded, it was voted to appoint
Eleanor H. Chisholm as Senior Clerk in the Selectmen's Office, 849-E,
at an annual salary of $6660, effective August 11, 1969.
Upon motion duly made and seconded, it was voted to go into
Executive Executive Session for the purpose of discussing, deliberating or
Session voting on matters which, if made public, might adversely affect the
public security, the financial interests of the Town or the reputa-
tion of a person.
After discussion of matters of financial interest to the Town,
it was voted to reseuse the open meeting.
IIIMr Legro requested the Board to sign the Order of Taking of
the Douglass property
Upon motion duly made and seconded, it was voted to sign the Douglass
taking Order e to Lng of the Y
Douglass property. Order of
g P P
Upon motion duly made and seconded, it was voted to adjourn
at 9 05 P.M.
A true record, Attest
Executive Clerk, Selectmen /
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