HomeMy WebLinkAbout1968-11-04-BOS-min r
SELECTMEN'S MEETING
November 4, 1968
A regular meeting of the Board of Selectmen was
held in the Selectmen' s Roam, Town Office Building, on
Monday evening, November 4, 1968 at 7:30 F.M. Chair-
man Cole, Messrs. Cataldo, Mabee, Kenney and Greeley were
present. Mr. Gray, Executive Assistant, Mr. McSweeney,
Towm hginper, Mr. Wenham, Assistant Superintendent of
Public Works, and Mrs. McCurdy, Executive Clerk, were
also present.
Hearing was declared open upon the application of
the Edison Electric Company to lay underground conduit
on Waltham Street and Worthen Road.
Notice of the hearing was mailed to the petitioner
and filed with the Town Engineer. There were no owners
of property involved.
Mr. Pratt of the Boston Edison Company was present
at the meeting. He stated that the conduit is to pro-
vide service for a new development on Bushnell Drive,
Conduit and the location has been checked out and is satisfac-
Location tory to the Town Engineer.
No one was present in favor or in opposition and
the Chairman declared the bearing closed.
'Upon motion duly made and seconded, it was voted
to approve the petition and sign the order for the
following conduit location:
Waltham Street, at Worthen Road, a distance of about
90 feet - conduit.
Worthen Road, at and northwesterly from Waltham Street,
a distance of about 145 feet - conduit.
Worthen Road, at and northerly from Bushnell Drive a
distance of about 25 feet - conduit.
Mr. Gray informed the Board that Mr. Legro would not
be at the meeting this evening but had left the contract
to be signed for sidewalks and retaining wall work on
Tufts Rd. Middle Street and Tufts Road. The contract is in order,
Middle St. except for one certificate of insurance.
Contract Upon motion duly made and seconded, it was voted to
sign the contract to Belli Brothers for sidewalks and
retaining wall work on Middle Street and Tufts Road,
subject to the receipt and approval by Town Counsel of
the certificate of insurance.
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Mr. Gray said that a letter has been received from
the Planning Board regarding Dr. Brendler's request to
use the Hennessey land behind the Estabrook School for
horseback riding. The letter states that the Planning
Board has no objection to the use of the land for horse-
back riding. This was discussed with the Recreation
Committee last week and they have no objection.
Mr. Gray was instructed to write Dr. Brendler and
inform him that the Board of Selectmen has no objection
to the use of the Hennessey land behind the Estabrook
School for horseback riding.
Mr. Gray informed the Board that a letter has been
received from Mr. Taylor requesting an Article in the
Warrant for the layout of the sidewalk on Stedman Road.
Mr. Gray said that this is outside the school site and
the Article would have to include the necessary funds to
do this.
Mr. Cataldo said that, if all they are looking for is
a footpath, why don't we put this sidewalk on School prop-
erty where it is easier to grade. Stedman
Mr. Greeley said that, if we own the fee to the
middle of the private way, we don' t need to worry about Road
the street; it is much more sensible to leave it in its
present status.
Mr. Gray said that this provides for all vehicles
coming over Brookside Avenue. He recommended that the
Town Engineer discuss it with the School Architect and
Mr. Taylor.
Upon motion duly made and seconded, it was voted to
authorize Mr. Gray to arrange a meeting with Mr. Taylor
and the School Architect to discuss the Stedman Road
sidewalk.
Mr. Gray said that a letter has been received from
Mr. Callaghan of the Massachusetts Port Authority in-
forming us that a meeting had been held at Hanscom Field
and it was agreed to invite the residents of the Manor
section to Hanscom Field to be briefed on the measures Hanscom
which have been taken to alleviate the aircraft noise Field
over their section. He further stated that, after this
meeting, Col. Mosher will contact the Selectmen to ar-
range for a presentation of the current situation and
Mr. Callaghan plans to be present.
The Chairman suggested that the letter be given to
the press to publish.
Mr. Gray said that a letter had been received from
Cabot, Cabot and Forbes. They had received permission
from the State to put the drain in and would be apply-
ing for a street opening permit. Basically, the plan
was submitted before . I don' t think we have any
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objection to the location; I thought you should be aware
of this. They would be completely responsible for the
maintenance of the drainage system. It is completely
separate; it is all on private property, except where
it crosses. All they are asking from us is a street
opening permit. If there is trouble with the drainage,
it is their problem.
Mr. Mabee asked what happens if it backs up?
Mr. Gray said that is their problem.
Mr. Greeley said that it might be a legal situa-
tion.
Mr. Gray said that the fee on Hartwell Avenue lies
with the State. When Hartwell Avenue was constructed,
the State took the right of way and the fee still re-
mains with the State. Mr. Legro had previously said
that we could give a permit to open the street.
Mr. Greeley said that the communication from the
State gives them the right.
Mr. Gray said that either the State turns the fee
back to us or gives permission - they have given per-
mission.
Mr. Gray said that, as you know, Mr. Sharkey of
Hazel Road has some problems regarding a sewer connec-
tion and has talked with Mr. Heustis. Mr. Sharkey has
requested that the Town furnish him a connection from
the sewer main and be would pay whatever charges the
Town would assess. Mr. McSweeney and I looked at it;
we could not serve any property further on, there is. a
sharp drop-off in the grade. If houses were built, we
would have to serve them through the back. The road
is all rook and all ledge. Mr. McSweeney has stated
that this would be a sewer lateral and he would give
easements.
Mr. Cataldo asked what the gross cost to them
would be.
Mr. McSweeney said that the cost to the Town, if
we were to receive betterments of $1100, would cost
us $2100. The cost to him to extend and serve his
house would be $3200. It would be a 3251 grade ease-
ment granted to the Town and would be a public ease-
ment and Mr. Sharkey would pay the entire cost of
installation.
The Chairman said that we could grant the request
and the Town receive the sewer easements, and his con-
tractor would do the work according to the requirements
of the Town. The Chairman asked Mr. Gray if he had
discussed this with Mr. Legro?
Mr. Gray said that he had not. We have done this
before; it is up to the Hoard of Selectmen . The whole
thing is contingent on the easements and I understand
there is no problem with Mr. Sharkey on this .
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Mr. Sharkey was present at the meeting and said that
he agreed to the conditions. He said that the grading
was a serious problem; it is an unusual situation, parti-
cularly the way Hazel Road is laid out.
Upon motion duly made and seconded, it was voted to
approve the request of Mr. Sharkey for a sewer connection,
subject to the Town receiving the sewer easements and the
construction to be done according to the requirements of
the Town; also, subject to the approval of Town Counsel
of the easements.
Mrs. Battin, Mr. Frick and Mr. Adams of the Structure
of Government Committee met with the Board.
Mrs. Battin said that we are, again, requesting a
transfer of $1800 from the Reserve Fund in order to mail
every household the entire act abridgement and explanation
of the Town Manager Act. It varies from the one in March
and we don' t want people to vote for or against unless
they know what they are voting on. We are supported by
the TMMA Executive Board for this request for funds for
printing, addressing and mailing to 5,000 registered voters.
Mr. Kenney said that, originally, you didn't think
youhad a to sendit out twice.
Mrs. Battin said that we weren' t certain that it would
be passed by the Legislature and that we would have to do
more than this.
Mr. Cataldo said that we asked you, specifically, be-
fore the first mailing in March if you would have another
mailing and the answer was no.
Mrs. Battin said, I don't think we knew it would be Struct.
transferred to the June Town Meeting. of
Mr. Cataldo said that the voting date hasn't changed. Gov't.
Mr. Frick said that one of the arguments for Town
Manager was, this was run by amateurs. As a new member,
it seems to me that Town Meeting voted to put this be-
fore the voters of the Town . The Committee, in some sense,
has a moral responsibility to get this out.
Mr. Cataldo said that, regardless of you saying that
we are running the Town like amateurs, we asked this ques-
tion and the answer was no.
The Chairman said that the purpose of this was, it
was information going to the voters.
Mr. Kenney asked what changes were made?
Mrs. Battin said that it is an abridged edition; it
was at Town Meeting and the voters are entitled to it.
The wording has changed and not many people have kept a
copy of it since March. We put the Article on the Warrant
in June and didn't know Mr. Hardy would change it and that
the Legislature would pass it.
Mr. Cataldo said it is his position that it was not
unforeseen. We knew Mr. Hardy would make changes in it.
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The Chairman said that the Appropriations Committee
would ask the same questions . They are meeting tonight
and I suggest that you talk with them. Assuming that
this Board approves the transfer, we have been known to
have been refused by them.
Mrs. Battin asked if they would talk with the Ap-
propriation Committee with the Board' s approval?
Upon motion duly made and seconded, it was voted that
the Structure of Government Committee request the Appro-
priation Committee for a transfer from the Reserve Fund in
the amount of $1800.
Mr. Cataldo asked to be recorded in opposition.
The Chairman read a letter of resignation from Eliza-
beth C. Severance from the Town Celebrations Committee.
Resigna- Upon motion duly made and seconded, it was voted to
tion accept, with regret, the resignation of Elizabeth C.
Severance from the Town Celebrations Committee.
The Chairman said that the Town Celebrations Committee
is concerned with events coming up and suggested that Mrs.
Haskell Reed would be willing to serve as a member.
Appoint- Upon motion duly made and seconded, it was voted to
went appoint Mrs. Haskell Reed a member of the Town Celebrations
Committee to fill the unexpired term to March 31, 1969 of
Mrs. Elizabeth C. Severance.
Upon motion duly made and seconded, it was voted to
I.D. authorize the Chairman to sign the liquor identification
Card card for James J. Trovato, Jr., 282 Massachusetts Avenue.
The Chairman read a letter from the Lexington Commis-
sion on Suburban Responsibility, requesting the Board to
add to the Commission two representatives of the youth of
the Town, to be selected by the High School student body.
Suburban Upon motion duly made and seconded, it was voted to
Rasp. grant the request of the Lexington Commission on Suburban
Comm. Responsibility to add a representative of the youth of the
Town by requesting the High School Student Government Board
to submit three names, one of whom would be appointed by
the Board of Selectmen as a member of the Lexington Commis-
sion on Suburban Responsibility.
The Chairman read a letter of resignation from Daniel
Resigna- J. Dovidio from the Police Department.
tion Upon motion duly made and seconded, it was voted to
accept the resignation of Daniel J. Dovidio from the
Lexington Police Department, effective as of October 30,
1968.
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Upon motion duly made and seconded, it was voted
to approve the Minutes of the Selectmen' s Meeting of
October 28, 1968.
The Chairman read a letter from the ABC regarding
the regulations for the sale of liquor on Veterans
Day, November 11, 1968 and Thanksgiving Day, November
28, 1968.
Upon motion duly made and seconded, it was voted
to adopt the regulations as set forth by the ABC on
the sale of liquor as follows:
On Veterans' Day, November 11, 1968, Package
Goods stores may sell and deliver alcoholic beverages
ABC between the hours of one o'clock P.M. and eleven ABC
Nov. 11 o'clock P.M. Hotels and restaurants may sell alco- Nov. 11
Nov. 28, holic beverages during the usual hours. Nov. 28,
1968 On Thanksgiving Day, November 28, 1968, Package 1968
Goods stores shall not sell or deliver alcoholic
beverages during the entire day but may sell and de-
liver such beverages until eleven-thirty o' clock P.M.
on Wednesday, the night before. Hotels and restau-
rants may sell alcoholic beverages during the usual
hours of sale.
II The
Chairman read a letter from the Town Celebra-
tions Committee, inviting the Board to the ceremonies Nov. 11,
e Green on November 11, 1968. 1968
The Chairman said that members of the Board will
attend.
Upon motion duly made and seconded, it was voted Sewer
to sign Sewer Orders for Avon Street and Ash Street. Ash-Avon
Mr. Gray informed the Board that a hearing on the
relocation of Lowell Street will be held in the County
Commissioners' office on November 8th. The traffic
count has been made by Mr. McSweeney. He asked what
position the Board would like them to take at the
hearing. •
Mr. Gray said that the State has said, for Chap-
ter 90, we must have 44' of pavement. We have already
appropriated money; if we want to proceed, we will
have to construct 44' of pavement. Lowell
The Chairman said that the main thing we are con- Street
cerned with is the safety of the children crossing
Lowell Street.
Mr. Cataldo said that it should be designed, tak-
ing into consideration, the safety of the children.
Mr. Gray said that we should ask for a light.
Mr. Greeley said that it should be on the North
side of Lowell Street.
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Mr. Gray said that a pedestrian light would allow the
children to get over to the Harrington School playground.
At school time, there is no problem as there is a Guard,
there is no protection in the summer.
The width was discussed and Mr. Cataldo said that
this is how we would do it, regardless of Chapter 90.
Mr. Kenney said that he wouldn' t like to see 4.4'
from Arlington to Burlington.
Upon motion duly made and seconded, it was voted to
instruct Mr. Gray and Mr. McSweeney to say that the Board
of Selectmen is in favor of 44. feet of pavement, subject
to the installation of a pedestrian traffic light at the
intersection of Lowell Street, Maple Street and Winchester
Drive.
Mr. Kenney was recorded in opposition.
Mr. Gray informed the Board that a street has not been
designated for Chapter 90 funds. We suggest Spring Street,
East Street, and Massachusetts Avenue from Worthen Road to
128; we cannot see any widening of Massachusetts Avenue,
only reconstruction.
Mr. Cataldo said that we promised Town Meeting that we
would come up with a complete list of streets . Rather than
Massachusetts Avenue, talk with the Planning Board and see
if the subdivision of the Trinity Covenant Church has come
through. If we have to build a road, use Worthen Road as
Chapter 90.
Mr. Greeley said that we are not going to get that sec-
tion under Chapter 90.
Mr. Cataldo said that it is approved now; the concept
is there and the concept layout. They have accepted this
last year.
Mr. Greeley said that we didn' t spend Chapter 90 on
that section near the Church and we are at least morally
obligated.
Chapter Mr. Cataldo said that we guaranteed the State nothing
90 for completing this road.
Mr. Greeley said that the only way we can argue with
the State is on eligibility, to build a list. Marrett
Road to Sherburne - I don' t see how you can go only from
the Church to Pleasant Street. We should tell Town Meet-
ing it is, in effect, to put Marrett Road through to
Pleasant Street. If we do make that concession to Town
Meeting, they won't vote it.
Mr. Mabee said that there is a feeling in Town about
Chapter 90. There is one way to go about it - propose a
street, go to Town Meeting and hope it goes through. The
feeling now in Town Meeting is such that they must have a
whole list of streets before them. Hold out some streets.
By putting Adams Street on, we will find out the tenor of
the Town, whether it be the widening or the reconstruction
of Spring Street - we will know the answer.
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Mr. Gray said that we could have Spring Street as
the priority street.
Mr. Mabee said that the Article could be for Spring
Street, East Street, Massachusetts Avenue, etc. ; let them
delete the ones they want.
Mr. Cataldo said that we promised them the list of
roads; for us to come up with the ones we want is going
to be a tremendous job for the Engineering Department.
Mr. Mabee said that we would give three chances.
Mr. Greeley said that Mr. Mabee is giving a test
vote.
Mr. Kenney said that we put up Adams Street in 1969,
30' under Chapter 90, or a design of 261 or 281 and give
a choice; vote one way under Chapter 90 and the other,
Town funds.
Mr. Mabee said that there were too many alternatives .
Mr. Gray said that we must come up with a concrete
layout.
The Chairman said that you are on dangerous ground
if you give alternatives.
Mr. Gray said that to get Chapter 90, Mr. McSweeney
won't come up with less than 301 .
Mr. McSweeney said that the only area we were de-
feated in was the part that needed the least construction.
Mr. Greeley said that, if the fact is that the En-
gineers would insist on substantially the same design,
maybe Spring Street might be a better one. You design
reasonable standards; this is the kind that Mr. Kenney
wants as alternatives.
Mr. Kenney asked, if we say for minor changes, do
you want to turn down State aid?
Mr. Mabee said to get the number of streets which
would all be in one Article under Chapter 90 and when
they are unfavorable . . . We understand that this is
not a standard Chapter 90 road.
The Chairman said that this Board proposes that you
come in with, what is in your judgment, the beat to be
done this year. It may be approved under Chapter 90
funds; if not, give a choice of What is the right thing to
do. If we give alternatives, every one must be done by
Engineering.
Mr. Greeley said that, supposing Mr. McSweeney had
redesigned Lowell Street and felt that the Town could
wisely rebuild to a 301 pavement at a cost of 50 percent
more than under Chapter 90, I don' t think it is reason-
able to put it to Town Meeting and let them decide.
The Chairman said that the proposals come from this
Board and the more oppositions you give, the more confu-
sion you create.
Mr. Greeley said that these are our own Engineer' s
standards. If we are willing to present them, it is rea-
sonable.
Mr. Cataldo said that this is true of the present
case on Lowell Street. We all know that it should be
441 . We wouldn't recommend it being built under wo if
we used our own money.
Mr. Greeley said that we have been attracted by
Chapter 90 and accept their own standards.
The Chairman said that the legislative board dis-
poses. Is this, in our opinion, the best to recommend
to the Town? If so, we recommend we propose and let
them dispose.
Mr. Kenney said that the State is looking at it from
County to County. Our own Engineer would say it was ade-
quate.
The Chairman said that it should not bb proposed for
a County road.
Mr. Mabee said that there was one proposal tonight
that Spring Street be a County road. I am in favor, but
it will be the first one turned down.
Mr. McSweeney said that if you feel this way, it
should go back to Adams.
Mr. Mabee said that, personally, he would go back to
Adams as a Town way and pay for it.
Mr. Gray said that we must earmark this money or we
are going to lose it.
Mr. Cataldo said that he would include Worthen Road.
Mr. Gray said, Worthen Road - and from now until
Town Meeting, you can decide what you want to do.
Mr. McSweeney said that we will designate the street
and another alternative. We will continue on Worthen Road
or designate an alternate.
Mr. Kenney said, not Worthen Road as a prime street.
Mr. Mabee said that it could be Spring Street, with
Worthen Road as the alternate.
Upon motion duly made and seconded, it was voted to
instruct Mr. Gray and Mr. McSweeney to designate Spring
Street with Worthen Road as the alternate, as the streets
under Chapter 90.
Mr. Gray informed the Board that he and Mr. McSweeney
*et with TMMA and the prime topic of conversation was
Chapter 90. He made it clear to them that there are cer-
tain criteria we must adhere to concerning sidewalks,
trees, etc.
The Chairman said that we have received the proposed
regulations on the minimum standards for bathing beaches;
the hearing is on November 19th. Nothing is going to be
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111 done this year on the Reservoir. Mr. Mazerall has to
scrape the bottom. He asked if there was any action to
allow him to proceed.
Mr. Gray said that Mr. Cortell was in contact with
Mr. Powers and the State will accept a recommendation. Reservoir
We have said that we would not do anything until we hear
from the Board of Health.
Mr. Gray was instructed to talk with Mr. Huestis of
the Board of Health.
Mr. Zaleski appeared before the Board and said that
the Planning Board has received a letter from the Trinity
Covenant Church. We are not quite sure of the decision
of the Board of Selectmen and the Planning Board would
appreciate being advised and instructed on this matter.
The Chairman said that the Board has voted Spring
Street, with Worthen Road as the alternative. Primarily,
this is a Planning Board project. However, we felt that
Worthen Road should be built; these streets should be
proposed.
Mr. Kenney said that there is a question on the
width and the cost and we haven't heard anything yet. Trinity
Mr. Zaleski said that the majority of the two Covenant
Boards is in favor of constructing the 70' right of Church
way and the 44, pavement. I have had discussions with
Mr. Lind since then and there may be some new develop-
ments.
The Chairman said that we told Mr. Lind that he
was talking to the wrong Board. You will have to re-
solve this.
Mr. Zaleski said there has been no change in the
Board' s position since the meeting with him.
Mr. Cataldo said that the Planning Board is talking
about approving Worthen Road to a point, who would ex-
tend that road?
Mr. Zaleski said that there was a possibility of
the subdivision doing it.
Mr. Cataldo said that, for the couple of acres in-
volved, they are not going to build under these con-
ditions to these two sections.
Mr. Zaleski said that they may be willing to con-
struct the part across school land, The Town would have
to build as navy feet otherwise. I understand, from the
minutes, that they refused to do that.
The Chairman said that they will not build a road
on the Bowman School land; it must be done at Town ex-
pense.
Mr. Kenney said that when you met with the Board,
1 the Planning Board gave the impression that they would
build.
[!G
Mr. Zaleski said that the people there at that time
said yes, but after discussion, they said no.
Mr. Kenney asked if there was any estimate of the
cost?
Mr. Zaleski said that there was no estimate.
Mr. Greeley asked if there is any question on the
right of way on the side away from the Church along
what was to be open space?
Mr. Zaleski answered in the negative and left the
meeting.
Mr. McSweeney said that, in the 1968 budget, it had
been planned to run a trunk sewer and force main from
Lowell Street, north of Woburn Street. They had been
told by the State that, due to the reconstruction of
Woburn Street, the Town would not be able to tear up the
road for five years . Since then, Whitman and Howard had
designed this and the beat way to handle the sewer laterals
was to come into Rolfe Road and Marshall Road. We would
Rolfe Rd- like to incorporate these laterals, along with the $131,000.
Marshall We would like to put them in now as we would be saving
Rd. $15,000 to $18,000. He would have in the vicinity of
$50,000 left over and could do them; he didn' t like the
pumping station being dry for a year.
Mr. Cataldo asked if our appropriation was broad
enough to do this?
Mr. Gray said that it would be coming from lateral
money in the broad Article for laterals. The whole area
would be sewered.
Mr. McSweeney said that we have updated all of our
figures.
Mr. Cataldo asked whyit was not recommended the
first time?
Mr. Gray said that in figuring out lateral areas, we
have a 22' out and by doing it this way, it would be a
normal cut. There were not enough details available.
Upon motion duly made and seconded, it was voted to
add Rolfe Road and Marshall Road sewer laterals.
Mr. Gray said that the Knights of Columbus are pre-
senting the same proposal, except that they have moved
K of C the manhole over to Town property. The easements. are
Liberty between the K of C and Liberty Mutual and they would as-
Mutual sume all the costs.
Upon motion duly made and seconded, it wars voted to
approve the plans for a private sewer, as presented by
the Knights of Columbus and the Liberty Mutual Company.
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Mr. Greeley discussed the traffic situation on
Route 2 at Appleton Street. He felt that the State
is obligated to maintain traffic in a better way.
Mr. Cataldo said that the setup is that the other
lane is going to be opened and it is not.
Mr. McSweeney is to talk with the State DPW.
upon motion duly made and seconded, it was voted
to adjourn at 10:00 P.M.
A true record, Attest:
Executive Clerk, Selectmen
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