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SELECTMEN'S MEETING
April 28, 1969 ,
A regular meeting of the Board of Selectmen was held in the
Selectmen's Room, Town Office Building, on Monday evening, April 28,
1969 at 7 30 P.M Chairman Cataldo, Messrs Mabee, Kenney and
Bailey were present Mr Legro, Town Counsel, Mr Gray, Executive
Assistant, Mr Burke, Superintendent of Public Works, Mr McSweeney,
Town Engineer, and Mrs McCurdy, Executive Clerk, were also present
At the request of the Town Clerk, three jurors were drawn as
follows•
Jurors Stanley J Hydrisko 20 Homestead Road
Joseph Belcik 69 Valleyfield Street
Artie Barsamian 253 Woburn Street
Hearing was declared open upon petition of the New England Tele-
phone Company to lay and maintain underground conduits on Waltham
Street
Notices of the hearing were mailed to the petitioner and owners
of the property as listed on the petitioner's plan and also filed
with the Town Engineer
Mr Dunn representing the Telephone Company said that this
petition is to extend the conduit put in two years ago; we are now
picking them up in front of the Telephone Company building, start-
ing at Massachusetts Avenue; we don't have to cross Massachusetts
Avenue as we have already crossed it It will feed Massachusetts
Avenue, both ways, down as far as Vinebrook Street, on the left
Under- hand side; we are bringing it in under the sidewalk.
ground Mr Kenney asked about access to the stores?
Conduit Mr Dunn said that there would be no blockage at any time; it
will be back-filled and there would be a whole new sidewalk, re-
placing the present one
No one appearing in favor or in opposition, the Chairman de-
clared the hearing closed
Upon motion duly made and seconded, it was voted to grant per-
mission to the New England Telephone and Telegraph Company to lay
and maintain underground conduits in the following location.
Waltham Street, Southwesterly, then westerly, from
Massachusetts Avenue, approximately 402' of under-
ground conduit.
Hearing was declared open upon petition of the New England Tele-
phone Company to lay and maintain underground conduits on Metal Ave
Notices of the hearing were mailed to the petitioner and owners
of the property as listed on the petitioner's plan, and also filed
with the Town Engineer
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Mr Dunn, representing the Telephone Company, said that the
petition is for underground conduit on Massachusetts Avenue from
Wood Street to the Lexington-Lincoln Line. The conduit there now
is plugged and there is a need for more conduit; we will do it all
now, so that there will not be interference in the future; Lincoln
has already granted permission.
The Chairman asked if this is the same route we were discussing
on Edison poles to service Honeywell Company?
Mr. McSweeney said that this has no bearing.
The Chairman asked what the status is of the other proposal and
if there would be room for Edison to come down?
Mr McSweeney said that Edison is across the street and there is
room for them to come down.
The Chairman asked if there were any questions to be asked.
Mr Benjamin Zerby, Superintendent of Minute Man National Park
was present and said that the Town Engineer and Mr. Zaleski were fami-
liar with the long range planning about the Town vacating old Massa-
chusett§ Avenue and the Park Services will also do so. He said that,
as he looks at the plan, it looks like old Massachusetts Avenue to him
Mr Dunn said that it is; we are going down because of the exist-
ing conduit there.
Mr Zerby said that there are some areas greater than the depth
of the trench If we fill in, we would fill in more than the Tele-
phone Company wants
Mr. Dunn said that we go down 4' and there is a 2' ' cover, all
encased in concrete
Mr Zerby said that later on I might have to pay damages to re-
place a line
Mr. Dunn said that the Town Engineer has plans and you should
go to him before you start excavating
The Chairman said that it is a question of who is going to lower
or raise it. Re asked Mr Dunn if he would have any objection?
Mr Dunn said that it could be written in the permit.
The Chairman said that we will make this a condition of the per-
mit, that there is no charge to the National Park to lower or raise;
it shall be done at the expense of the Telephone Company.
No one appearing in favor or in opposition, the Chairman de-
clared the hearing closed.
Upon motion duly made and seconded, it was voted to grant permis-
sion to the Telephone Company to lay and maintain underground conduits
and manholes, with the wires and cables to be placed therein, under
the surface of the following public way or ways; subject to the stipu-
lation that if the Minute Man National Park ever requests the change
or relocation of a conduit line, it shall ,be done at the expense of
the New England Telephone Company, as agreed
Massachusetts Avenue Northwesterly and westerly from M.H
54/89 at Wood Street, approximately 4373 feet of underground
conduit; also, three (3) new manholes 54/201, 54/202, and 54/203;
also two rebuilt manholes 54/89 and 54/94
L.
25S
Hearing was declared open upon petition of the New England Tele-
phone Company to lay and maintain underground conduits on Hartwell
Avenue and Maguire Road.
Notices of the hearing were mailed to the petitioner and owners
of the property as listed on the petitioner's plan, and also filed
with the Town Engineer
Mr Dunn, representing the Telephone Company, said that this
is to pick up an existing conduit from our manhole on Hartwell Ave-
nue and bring it into the services of Itek on Hartwell Avenue, solely
for the Itek Corporation
Mr McSweeney said that he had checked this out and it services
the new building, is all within the right of way, none on private
property
No one appearing in favor or in opposition, the Chairman de-
clared the hearing closed
Upon motion duly made and seconded, it was voted to grant per-
mission to the New England Telephone and Telegraph Company to lay and
maintain underground conduits and manholes, with the wires and cables
to be placed therein, under the surface of the following public way or
ways
Hartwell Avenue Northwesterly side, from manhole 54/121
northwesterly, approximately 55 feet of underground conduit.
Maguire Road Prom Hartwell Avenue, northwesterly, approxi-
mately 265 feet of underground conduit.
Hearing was declared open upon petition of the New England
Telephone and Telegraph Company and Boston Edison Company to place
one hip guy and anchor from a pole located approximately 653 feet
Hip Guy north of Diana Lane on Hill Street
and Anchor Mr Pratt, representing the Boston Edison Company, said that
this petition is to maintain and strengthen the support of our line
and we would like to place it back; the hip guy will fall within the
street. The only abutter is the Lexington Golf Course
Mr Dunn said that this is within an area of all trees, which
line the street.
No one appearing in favor or in opposition, the Chairman de-
clared the hearing closed
Upon motion duly made and seconded, it was voted to grant
permission to the New England Telephone and Telegraph Company and
the Boston Edison Company to locate the following
Hill Street, from a pole located on the westerly side,
approximately 653 feet north of Diana Lane, one hip guy
and anchor.
Hearing was declared open upon petition of the Boston Edison
Pole In- Company to install a pole on Harrington Road
stallation Notices of the hearing were mailed to the petitioner and
owners of the property as listed on the petitioner's plan, and also
filed with the Town Engineer,
259
Mr Pratt, representing the Boston Edison Company, said that
this pole is to be installed to close the circuit between Bedford
Street and Hancock Street within that little island.
Mr McSweeney said that the Telephone Company is making an
underground crossing
The Chairman said that the pole would be standing out all by
itself. He asked if the Edison Company would want a guy on the tree?
Mr Pratt said that he was alerting them that his company would
want a guy
No one appearing in favor or in opposition, the Chairman de-
clared the hearing closed
After discussion, it was agreed to deny the petition.
Upon motion duly made and seconded, it was voted to deny the
petition of the Boston Edison Company to install a pole in the follow-
ing location.
Harrington Road, southerly side, approximately 13 feet
east of Bedford Street, one (1) pole
Rearing was declared open upon petition of the New England Tele-
phone and Telegraph Company and the Boston Edison Company to install a
pole at Carley Road
Notices of the hearing were mailed to the petitioner and owners
of the property as listed on the petitioner's plan and also filed
with the Town Engineer
Mr Pratt, representing the Boston Edison Company, said that
this petition is for the relocation of a pole at his driveway at the
request of a customer
No one appearing in favor or in opposition, the Chairman de-
clared the hearing closed
Upon motion duly made and seconded, it was voted to grant per-
mission to the New England Telephone Company and the Boston Edison
Company to install a pole at the following location.
Carley Road, southeasterly side, approximately 170 feet
southwest of Reed Street One pole (one existing JO pole
to be removed )
Mr Legro informed the Board that the contract with P Gioioso
& Sons for the interceptor force main and pumping station was re- Gioioso
ceived late today; he noticed one omission ofa seal and Mr McSweeney Contract
said that it was all right; he would prefer to hold it and will deliver
it to Mr McSweeney for a seal.
Mr Gray reported to the Board that he had discussed with Mr.
Aiden Ripley the possible loan of the painting, Dawn of Liberty, Mr Loan of
Ripley examined it and, in his professional opinion, it should be Painting
lined or backed to stiffen it As the painting is very old and
fairly large, there would be a great amount of risk in moving it as
260
it might chip Mr Ripley's personal opinion is that the painting
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should not be moved Mr Gray said that he had checked with the
Boston Museum of Fine Arts and Mr Finlayson said that it was very
risky to move a painting of such a size. He said that, from the
experience of the Museum, some paintings had been shipped and they
were damaged and couldn't be restored
The Chairman said that a letter has been received stating
that the painting belongs to the Historical Society In the Chair-
man's opinion, the painting should not be moved.
Mr Gray said that Mr Ripley suggested that the Board con-
sider having the painting cleaned; it would cost between $400 and
$600.
The Chairman said that we should examine some of the Trust
Funds for money to do this.
It was agreed to write to Mr William Cox of San Diego, Cali-
fornia, and inform him that we regret that we will be unable to
send the painting to the exhibition of the San Diego 200th Anni-
versary
Mr Gray informed the Board that he had received a call today
from Mr. Taylor regarding the building at the Reservoir They have
retained an Architect and Mr Taylor pointed out that the money was
issued to the Board of Selectmen If we decide to go ahead with
the project, we could advertise and have the plans and specifica-
tions here
The Chairman asked about the utilities
Mr Gray said that the water and sewer are to be installed.
Mr Burke talked to the Edison Company and he was told that it
would take time and would run up to approximately $25,000. Mr
Burke will look into it and will get a firm price for overhead
wires
The Chairman said that this makes a difference; we don't
Reservoir have that much left to build the building
Building Mr Kenney said that the price seems high; he asked, why?
Mr. Burke said that he didn't know; they have to put in
transformers Mr Cortell is going to go over everything on Wed-
nesday
The Chairman said that, before the bid is put out, find out
what it would cost us to service it Hold up on the bids
Mr Burke said that it might be more practical to put in a
standby generator for part-time usage The circulating equipment
is not used while they are swimming
The Chairman said that is worse; it would be running at
night
It was agreed to hold the bids for the Reservoir until Mr
Burke has checked out the Figure on the electrical service
Mr. Burke informed the Board that bids had been opened on
April 18, 1969 for catch basins. He recommended that the con-
Catch Basin tract be awarded to George Pierce, Jr of Leominster for 4800
Bids catch basins at $1 50 per catch basin
Upon motion duly made and seconded, it was voted to award
the contract to clean 4800 catch basins at $1.50 per catch basin
to George Pierce, Jr , of Leominster
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Mr Burke said that we are getting a number of calls from
people living on unaccepted streets to have the sand swept off the
streets He understands that it is the Board's policy not to
sweep unaccepted streets but there is a heavy accumulation of sand
We do plow unaccepted streets and sand them. It might be well not Street
to do this as we are behind on sweeping our own streets Sweeping
Mr Legro said that there is the possibility of potholes on
unaccepted streets.
The Chairman said that he would rather see some sort of lan-
guage come out on safety conditions; rather than make a blanket
statement that we sweep unaccepted streets
It was agreed that the Board take the matter under advisement.
Mr Burke informed the Board that he has one employee who has
been out of work for five weeks due to a bleeding ulcer He will
not be able to return to work until May 12 and he has run out of
sick leave for a two week period He had twenty-two sick leave
days as of the first of the year On March 24, he went to the hos-
pital to be operated on and, also, he has a considerable amount of
shrapnel in his body He requested that his sick leave be extended
Upon motion duly made and seconded, it was voted to extend the
sick leave of Hervey P. Beaudoin, 175 Lowell Street
Mr McSweeney said that the Board has requested him to con-
tact the DPW regarding a scheduled hearing on May 27 on the relo-
cation of Route 2A in Lexington and Lincoln. The hearing has been
cancelled and a meeting is to be held on May 13; letters will be
sent out to the Board giving us the opportunity to review the plans
for the first part of June
The Chairman said that the Design Advisory Board and the Plan-
ning Board met this morning on Lexington Center The Center Commit- Lexington
tee wants more time; we agreed to give them another week and come Center
back next Monday evening and resolve this
Mr Gray said that a meeting has been scheduled for Thursday
evening.
Upon motion duly made and seconded, it was voted to grant per-
mission to the Baseball Youth League to hold a parade on Saturday, Permit
May 3, 1969, starting at 1 30 P.M from the Munroe School to the
ball field The Police Department will be requested to provide a
Police Escort
Upon motion duly made and seconded, it was voted to sign a Private
private livery license for Raymond E Dalrymple, 6 Sheridan Street Livery Lic
Upon motion duly made and seconded, it was voted to sign a Cert of
Certificate of Incorporation for Herbert Stotts, 11 Hunt Road, Inc.
"Beacon Hill United Ministries, Inc "
Ilt
262
Upon motion duly made and seconded, it was voted to sign an
Abatement ambulance abatement for Thomas Deveney, in the amount of $10 00,
as requested by the Acting Veterans' Agent
Upon motion duly made and seconded, it was voted to sign an
Abatement abatement for a sewer house connection for Herbert Mehlhorn, 2
Preston Road, in the amount of $37 43; billed in error.
Upon motion duly made and seconded, it was voted to sign water
Abatements abatements for Pond Realty Trust, $35.00 and Edward F. McDonnell,
$34 65, billed in error
Upon motion duly made and seconded, it was voted to defer pay-
Morrow went of sidewalk betterment assessment of John Morrow, in the amount
Assessment of $884, for a period of three years.
Upon motion duly made and seconded, it was voted to grant a de-
Doran ferment of payment of sewer betterment assessment, for a period of
Assessment three years to Robert E Doran on lot 62-23 Holmes Road, in the amount
of $1,050.17
The Chairman read a letter from John Morgenstern, 6 Graham Road,
requesting abatement of sewer betterment assessment in the amount of
Morgenstern $1,419 13
Sewer Mr. Gray said that he has requested abatement because of the
Assessment odd shape of his lot Other people on the street are paying over
$1,000 00 but he has an unusual condition that they don't have.
Mr McSweeney said that if he is granted en abatement, he
will be lower than the others on the street. He recommended that
an abatement not be granted
Upon motion duly made and seconded, it was voted to deny the
request for an abatement of sewer betterment assessment on the prop-
erty of John Morgenstern, 6 Graham Road.
The Chairman said that Mr. Heustis has been representing
Lexington at the meeting concerning the increased County assessments
Middlesex for the Middlesex County Hospital. He has given us the resolutions
County voted by the group and requests the approval of the Board on Motions
Hospital 1, 2 and 3 which are as follows.
1. MOVED- That it is the consensus of this group that a petition
should be submitted to the Rate Setting Commission es-
tablished under Section 30L of Chapter 7 of the General
Laws appealing the rate established for payments to the
Middlesex County Hospital under the procedure set forth
in Section 30 0 of said chapter.
2. MOVED- That it is the consensus of this meeting that a petition
be submitted to the county commissioners of Middlesex
County on behalf of all the cities and towns in the Com-
monwealth requesting a review of the rules and regulations
263
concerning admission of patients, the method of reim-
bursement and the charges for their care and treatment
so that the County Commissioners, Acting as Trustees
of the Middlesex County Hospital will permit the admis-
sion of patients from outside of Middlesex County only
if the entire pro rata share of the costs of the care
and treatment is paid by the county, city or town
where they reside
3 MOVED. That it is the consensus of this meeting that a petition
should be prepared to be signed by the executive officers
of all of the cities and towns in Middlesex County, which
petition will request county commissioners to convey the
Middlesex County Hospital to the Commissioner of Public
Health acting in behalf and in the name of the Commonwealth
in accordance with the provisions of Section 83 of Chapter
III of the General Laws
Upon motion duly made and seconded, it was voted to approve Mo-
tions 1, 2 and 3, as requested by Mr. Heustis, and to so inform the
Mayor of Newton
Upon motion duly made and seconded, it was voted to issue a Proclamation
proclamation declaring May 1, 1969 as Law Day USA.
The Chairman read a letter from the Director of Public Welfare
requesting $500 from the Bridge Charitable Fund for summer camp for
children who have been under the guidance of the School Counselor and Summer
the Mystic Valley Mental Health Association. Camp
Upon motion duly made and seconded, it was voted to request the
Trustees of Public Trusts to transfer the sum of $500 from the Bridge
Charitable Fund to the Welfare Department, to be used for summer camp
for children who have been under the guidance of the School Counselor
and the Mystic Valley Mental Health Association
Upon motion duly made and seconded, it was voted to approve the
minutes of the Selectmen's Meeting held on April 14, 1969 Minutes
The Chairman read a letter from the Conservation Commission re-
questing that legal work necessary for acquisition of the six parcels
of land included in the HUD application, be done and plans to be fur-
nished
The Chairman said that we made it quite clear to the Conserva-
tion Commission what Town Counsel needed to begin his work
Mr Legro said that the letter says there are six parcels; ten Conservation
parcels were voted at Town Meeting and we should ask them which ones Commission
they are talking about
The Chairman said that we asked them what options carry plans
so that there would not be duplication of work
264
It was agreed to write to the Conservation Commission re-
questing
that the six parcels of land to be acquired are identified
with the Article number and which parcels have options which re-
quire the owner to supply the plan
The Chairman read a letter from the Conservation Commission
requesting that an Article be inserted in the June Town Meeting to
Consv change the number of members on the Conservation Commission from
Comm. five to seven members
The Chairman said that we will schedule a meeting with the
Conservation Commission for next Monday evening to discuss this
Later on in the meeting, the Articles were discussed and it
was moved by Mr. Mabee to insert the Conservation Article in the
Warrant
Upon motion duly made and seconded, it was voted to insert
the Conservation Article in the Warrant for the June Town Meeting.
Mr Cataldo was recorded in opposition
It was agreed to contact members now serving on Boards and
Appt' s Commissions to see if they are willing to serve another term. The
appointments will be made on May 5, 1969.
Mr Kenney asked about the intersection of Massachusetts Ave-
nue and Worthen Road
Mass Ave The Chairman said that we have talked with the State and dis-
Worthen Rd cussed this intersection many times.
Intersection Mr. Kenney said that the stop signs are poorly placed.
Mr Gray said that the Traffic Safety Committee will discuss it
and, if they come to any conclusions, he will report to the Board on
May 5, 1969
Upon motion duly made and seconded, it was voted to go into
, Exec. 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 any person.
After discussion concerning a new Town Committee, it was voted
to resume the open meeting.
The Chairman said that the Board has discussed the budget ap-
proved by Town Meeting for the Juvenile Services Account, which
Drug Ad- covered the area of drug abuse. We have been considering many ways
visory of improving the program and the Board will establish a Drug Ad-
Committee visory Committee to assist them in the implementation of the Town
Meeting vote The Committee is to be known as the Drug Advisory
Committee and will consist of five members, two members of the Board
of Selectmen and three citizens This Committee will advise the
Board on the use of these funds, i.e , who is to be hired, etc.
Upon motion duly made and seconded, it was voted to establish
a Drug Advisory Committee, consisting of five members, two members
of the Board of Selectmen and three citizens at large
2 (3 55
Upon motion duly made and seconded, it was voted to appoint
Irving Mabee, Allan Kenney, Dr Charles E Ellicott, Rev, Richard
Lund and Sumner Perlman as members of the Drug Advisory Committee
for a term of one year, effective May 1, 1969, Mr Mabee to be
Chairman
Upon motion duly made and seconded, it was voted to go into
Executive Session for the purpose of discussing, deliberating or Executive
voting on matters which, if made public, might adversely affect the Session
public security, the financial interest of the Town or the reputa-
tion of any person
After discussion concerning matters of financial interest to
the Town, it was voted to go out of Executive Session.
Upon motion duly made and seconded, it was voted to adjourn
at 11 12 P.M
A true record, Attest
gie-cr.-tn,--
Executive
Clerk, Selectmen
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