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HomeMy WebLinkAbout1968-08-26-BOS-min 541 / SELECTMEN' S MEETING August 26, 1968 A regular meetingof the Board of Selectmen was held g in the Selectmen' s Room, Town Office Building, on Monday evening, August 26, 1968, at 7:30 P.M. Chairman Cole, Messrs Cataldo, Mabee, Kenney, and Greeley were present Mr. Legro, Town Counsel, Mr Gray, Executive Assistant, Mr. Burke, Superintendent of Public Works, Mr. Wenham, Assistant Superintendent of Public Works , and Mrs. McCurdy, Executive Clerk, were also present Mr. Gray said that the Board is aware of the reason for the meeting with Mr. Rowe of Whitman and Howard and Mr. Crimp, Architect, to evaluate what happened with the sewer on Philip Road last year After Mr Carroll left and we started on the road program for 1967, we had to eliminate Philip Road from the street contract; we don' t know how much it had sunk. It is operating as an inverted siphon and there was no purpose in finishing the road; obviously, it was not in good condition. I went up there with Mr Rowe and Mr Fein dug on both sides of the sheath- ing; one side had fallen away from a vertical position, permitting Subsequentthis , the fill to settle. to we had a meeting with Mr. Crimp and Mr Scofield to see if we Philip could come to some conclusion as to who would bear the re- Road aponsibility for the cost, $5,000 to $10,000 Whitman and Sewer Howard wrote to the Board and Mr Crimp stated his position. The Chairman said that the condition exists , which I gather, is through no fault of the Town itself Because of this condition, the Town is placed in the position where it will cost the Town money. Mr. Gray said that it has to be corrected Mr . Rowe said that he bad written correspondence and introduced Sid Bemus on the design supervision; be under- stands the problem, a construction problem. There had been a letter from Mr. Carroll on June 27, 1967 regarding a sewer settlement and inverse of both manholes Mr Bemus was asked to do some tests and undertake the investigation. He agreed to come down and excavate for us and did four tests, one on the opposite side of the downgrade, 40' to 50' back. He found in every case, gravel fill over peat. When the road was built, Whitman and Howard had nothing to do with the gravel, should be a complete excavation outside the sheathing. When the original survey was done, there was gravel in there. The Town did the survey, the records I showed that. The gravel was entirely away from the post center line, locating the fill in the gravel area. He located a manhole and the surge came up; we discovered the siphon. We think that the disturbing of the sheathing actually caused this . We believe if it was possible to build the road at all after the sewer was put in, to main- tain the wood sheathing would be very difficult I don' t know whether anything was done or not. I understand that nobody from the Town inspected it. When we put the sewer in, it was on an easement and Mr. Carroll told us to fill the sheathing with gravel, which we did Overburden of the gravel itself knocked the sheathing out and settled I have made an estimate, a rough one, and don't think it will cost more than $3,000 to do this job. The machinery used there, along the side of the sheathing, dug it out The weight of all this water, together with the gravel, stayed in position. When enough material was taken away from the sheathing . . The machinery went in there and somehow got too close to it . We believe that this explains it . Mr. Greeley said that you believe that the machinery did damage to it . Mr. Rowe said that he didn't think that 3" wood sheathing would normally fall apart . The Chairman asked who had the engineering contract? Mr. Gray said that Whitman and Howard had the road design contract at a later date The Standing School Building Committee put gravel in until some design was made; for the 1967 school year Mr. Rowe said that when we did Philip Road, we found peat within the limits of the roadway. Mr Cataldo said, what you are saying, the peat wasn' t really excavated. Mr. Rowe said there was peat there, under 6' or 7' of material; outside the sheathing on both sides . Mr. Greeley asked, do I understand that Mr. Gray said that the Standing School Committee put in fill without ex- cavating the peat. Mr Gray said that we talked with Hargrove to put a gravel road in during '67, how much engineering they did , I don't know. Mr Greeley said that the peat should have been ex- cavated and wasn' t. Mr. Crimp, Architect, said that he had a background of the study; he has been connected with the project be- fore the road was laid out - I laid out the school site for the Town. It was, at that time, not decided whether Philip Road would be run through. It was decided that the building would be in the location where it now is . I 543 This was the way it was put out for bids, at the time that the Middleby Road School was put out for bids . This was a very expensive site job because of the peat condition. It was investigated , borings taken. The contract for the building was not awarded with the Middleby Road School be- cause the award was not going to save the Town any money. When the money was appropriated, there was a legal question in connection with the Moreland buildings and Worthen Road some litigation when the Town appropriated the money for the Moreland School. Cleared up the legal question and the developer built houses and promised that there would be a school at that time. I visited the developer with Mr. Carroll to find out just what the developer was going to do. Actually, Moreland is an extension of Philip Road. We had an agreement with the developer that he would continue to a point where there would be a road structure from his develop- ment to the school and back out . Because of this understand- ing, we recommended that they change the layout of Moreland Road School, flip it over, with a turn-around , and had nothing to do with the development at all - tie it in with the road system - the road system would each be developed. After this had been done and the contract awarded , this road was simply a path on the plans and some time might go through. No plans on going through, disagreements with the developer, he refused to excavate the plot from this crossroad with Worthen Road - had very questionable access to the property. He had not developed at that time and there was some question whether he would and the Standing School Committee was in a quandry ad to access . We were stopped from using Rockville Avenue - seeing the possibility, recommended that they widen and put in later the Philip Road extension and our contractor would not be stopped and would have access to the property. The Committee agreed to take the matter up with Mr. Carroll and went into each detail with the construction - bad supervisory situation - told Mr. Carroll would remove this peat as an extra order site im- provement contract and put enough fill in there so we could use this road as an access . Authorized by the Building Com- mittee, using Scofield on the stock-and-time basis . This matter of holding the contractor responsible, he was working under my direction and it was under the Standing School Com- mittee. We had a project inspector on the job - Mr. Carroll was aware of what was going on. I had a Superin- tendent of Construction and I was here myself. We are thoroughly aware about the sewer going there. We have built a building there and this sewer line has not been damaged whatsoever. In spite of a bad soil condition we have the best type of construction We replaced the peat with gravel and allowed it to stand a year before going in. When we did go in, Thompson Litman made composition tests . As far as I 5 yH co care being taken in connection with the sewer, every pos- sible means of protection to the sewer line were taken. I am not underestimating or belittling one horrible mess, saturated area Went in there and dug this peat out as completely as anyone possibly could. Mr. Carroll saw it and we had a saturation condition here - put drain in to relieve the water. On a truck by truck basis , the fill was put in - to keep away from the sewer and the fact that there might be some peat outside and I think there is . It was perfectly all right, we didn' t get close enough to damage that sewer in construction of the road this section of the sewer would have to be reconstructed. This is the situation as I know it, because I was there and saw the entire situation - I have records of the material put in, approved by the Standing School Commit- tee. After this was done, a contractor supposedly did operate in that area. What he did , I don't know. My fear actually came to pass, Rockville Avenue was closed - was notified by an Attorney that we could no longer use this road. We had our road finished at 12 because we were stopped from using the road, and everything we did was absolutely justified . After it was cleared for our traffic, a contractor came in and did work in the area which blocked our passage. Mr. Carroll said it was a small amount of work they were doing and our traffic would not be delayed. The Chairman said that you mentioned that it was in- conceivable in your mind that work would not have to be done on that manhole? Mr. Crimp: I have been in practice over 40 years and I am not an engineer worked with Whitman and Howard and I am doing work of this kind right now, I am familiar with this operation. The Condition that we uncovered was bad, and quite possibly in our taking away the water and the flood peat, while we did not approaeh the manhole, it is perfectly possible that some of the material under the manhole was weakened. If the manhole had not been properly excavated it was obvious there would be trouble. There was no reason to suspect as we built the full length of the building, and to my knowledge there was no move- ment. There was no reason to believe a dissimilar situa- tion - that the foundation of the manhole was undermined. There is no blame on Whitman; I don' t know what the last contractor did. Mr. Rowe said that the sheathing was put in in 1964. Mr. Crimp said that when the other man put the lat- eral in, what was his operation? Mr. Rowe said that he excavated at the peat, by I 54/S driving sheathing - not good firm material we knew at the time. We have the plans to show the sheathing. Mr. Crimp said that originally all the peat was removed 10" within that area. This peat you say was there when the man did the lateral outside the sheath- ing. Mr. Rowe said that he followed the line; he showed a plan to the Board and said that he dug 3' into the gravel and put the manhole in. The Chairman said that if Mr. Crimp stayed from it, who did the digging? Mr. Rowe said that he did, he destroyed the sheath- ing and Mr Crimp agreed. The Chairman asked to whom should the Town look for protection in anticipating something like this? Mr. Rowe said that it was determined at the time Philip Road was being built, whoever the Town designated to build Philip Road The Chairman asked if there was any way for the Town to know that this could happen? Mr. Crimp said that it was an engineering risk that our office in laying out would assume that the sewer run- ning through would have to be investigated and corrected. Don' t know what this other man did ; I would assume that he would have it in his contract. Mr. Cataldo asked Mr. Rowe if he agreed with Mr. Crimp's statement? Mr. Rowe said it was moving equipment. Mr Cataldo said, I beard him say that Mr Carroll agreed to excavate and build . If this is the case, I understand you were not retained as Engineer You knew the sewer was there, you talked with Mr. Carroll, you knew our intent, I think we should look to you. We can't take the position that this would have to be re- built, a job three year' s old I can' t sit here and ac- cept this ; the Board looks to you, wherever the responsi- bility is . Mr. Crimp said that where you had another contractor in . . . Mr. Cataldo said that he can' t accept the fact that it was completely finished. You would say that he did not excavate to the sheathing, when it was agreed we would excavate to the sheathing. Mr. Crimp said that the understanding with Mr. Carroll was to make the road navigable; what we did would be permanent; we did not undertake to do anything in con- nection with the existing sewer. Mr Cataldo said that as far as the road bed was concerned , it was a SO' layout You knew the conditions w- and you say you worked away from the sheathing. How can we sit and expect that you did the full job? Mr. Crimp said, how can you say that when after I got through you got another contractor. Mr. Cataldo said that we did not get the job that we agreed to. Mr Crimp said all we did was , we didn't build the whole road bed, we built enough for traffic to travel through. Mr. Cataldo said that Mr. Carroll agreed we would not excavate Mr. Crimp said that he did not connect the road bed with the sewer system. Mr. Greeley said that there is a difference on point of fact, is it within the layout? Mr. Crimp said that it was within the layout . Mr. Rowe said it was within 7' of fill over peat . The same thing exists in parking lots, When it comes to building the access road, we make sure before putting in any drainage complete bearing material within SO' layout and then go in and construct the road Mr. Cataldo said that on the other hand, you know the conditions . You are building the road bed to take heavy traffic. Knowing what is there, how cars we accept it. Mr. Rowe said that when we finally did the actual construction plans, the highway department found peat within the area to be paved . We said we would take an amount of peat out and reported to Mr. Carroll that it should have been taken out before it happened, not down 6' or 7' Mr. Cataldo said that we have to look to each one of you - we have no qualms on fees or rates . You are representing the Town. Here we are with a mess ; the sewer is only two or three years old. I don' t agree that the Town of Lexington is responsible for the repair of the main under these conditions . Mr. Rowe said that it was put in, except the water control and the Town even after that had no problems with the sewer - then it was not the fault of construction. Mr Fein is here tonight, he inspected it and found noth- ing out of kilter. We are not sitting back, we aay we had nothing to do with it. Mr. Cataldo asked bow many feet of peat down at the main building? Mr. Crimp said that the boring plan went down 4 ' - in other places , 11' , it varied. Mr. Cataldo asked, every boring 2' to 1.' of peat? Mr. Crimp said, we did the same job at the time 1 5117 Mr. Rowe said that we had Haley in one time to re- route the sewer and it was costing us money to engage them; we did tests along the sheathing. The Chairman asked what it would take to correct this? Mr. Rowe said that the estimates are around $3,000. We could go on each side, we could relay the sewer and put a new invert on the manhole and put the whole thing on grade. We will make an estimate as to the cost. Mr. Cataldo asked if he was sure that it is located between two manholes? Mr. Rowe said that he was sure; he didn't believe there is any settlement between these two manholes . That line was originally put in for $20.00 a foot. Mr. Greeley said that he was guessing that the dis- turbed area is close to the new manhole . Mr. Rowe said that it is between manhole 47 and 48 Mr. Cataldo said that the main question is, who is going to pay for it? Mr. Rowe said, true. The Chairman asked if everyone is satisfied at this point? Mr. Greeley said that he wasn' t satisfied . He felt that we should hear from Mr. Carroll - we haven't had the benefit of hearing from him previously. If you are satis- fled •in regard to what he would contribute, I am satisfied. The Chairman said that if everyone is satisfied. . He could see no point in continuing the meeting. He would ask that Whitman and Howard and Mr. Crimp be available to meet with him or a member of the Board . Mr. Rowe agreed . He said that he had been handling all of the contracts in Lexington and, in this instance, he was not a qualified, registered Engineer. Mr. Crimp said that the Board had asked him to have Mr. Scofield here, but he is in Denver. Mr. Mabee asked if anybody disagrees with the esti- mate of $3,000? It would be well to have a firm figure. Mr. Crimp said that he was not convinced as to what has happened . The Chairman asked what he would require. Mr. Crimp replied, excavation . Mr. Rowe said that Mr. Wenham had seen the condi- tions at the sewer Mr Wenham said that he didn't see the pipe. The Chairman said that, in your engineering exper- ience, the conditions that caused this would lead you to believe that it couldn' t be any other possible thing. Mr. Rowe said not to my knowledge. The Chairman asked if he could accept this as en- gineering reasoning? 51/8 Mr. Crimp said, in spite of the fact that it is possible that the sheating and foundation had been dis- turbed, it would depend on the pipe which we removed . We have had experience in this field . Mr. Kenney asked how close to the sheathing? Mr. Crimp said, 10' . We were not constructing Philip Road, we were putting fill material in, in order to get access . It was an understanding that when we did the work, we would do it in a manner to provide a satis- factory foundation for a road. There was no design of Philip Road at the time. Mr. Rowe said that there wasn't because we knew the sewer settlement had taken place. qn order to put the road in, we would have to take measures on how the sheathing was disturbed. Mr. Crimp said that one place this base was put in was between 75' and 90' in width. Mr. Greeley said that the green on the plan was supposed to be what was put in; nothing close to what was put in. Mr. Rowe said that any thought given to put this in was that it will never have to be disturbed again, with a proper layout. It wasn't done that way. Mr. Greeley said that he thought it was said that in places it was 75' wide Mr. Crimp said that he doesn't see anything that doesn' t say that The Chairman asked if everyone is satisfied with all the facts having been brought forth? He thanked everyone for coming in and hoped that Mr Rowe and Mr. Crimp would be available for a meeting with the Board Mr Vocell of the Vocell Bus Company met with the Board . The Chairman said that Mr Vocell was granted a temporary franchise until September 3 for an extension to Vocell the Burlington Mall and is here to apply for a permanent Bus Co. permit. Mr. Kenney asked Mr. Vocell about the traffic count . Mr. Vocell said that it was growing. He could not submit a schedule tonight, but he believed that he would be able to within a two week period Mr. Kenney said that when you were granted the tem- porary permit, you were asked to submit a schedule before we would grant the permanent permit. The Chairman said that it would be more in line to give Mr. Vocell another thirty day extension. Mr Cataldo asked Mr. Vocell why he did not have the information for the Board. Mr. Vocell said that the Mall cannot get help on cer- tain hours and they want transportation on different hours . I do have the original temporary schedule. Mr. Cataldo said that the people at the Mail were aware of your deadline Mr. Kenney asked about bus stops . Mr. Vocell said that any place along the Middlesex Turnpike, anyone who wishes to gain admission to that bus all they have to do is flag it down - there are no set stops . The Chairman asked him if he had any kind sof esti- mates that are rather rigid. Mr. Vocell said, not in Lexington; roughly, I might carry thirty passengers in the course of a day, mostly from Four Corners , Lowell and Woburn. I have made plans for the beginning of school. In the past when I operated as far as Four Corners, there were a great many children, 25 to 30 children, Girl Scouts, etc. in that area. The Chairman asked him where he hit Lowell Street and Mr . Vocell replied that it was at Russell Street. Mr. Kenney said that the thing that concerns us the most is the number of stops on Lowell Street, we can't leave it for him to stop at the passengers ' convenience. Mr. Cataldo said that we were specific with Mr. Vocell that be was to have specific bus stops . Mr. Vocell said that people won't walk, they like to be picked up at their door I am willing to make any stops that you desire. Mr. Greeley said that the bus that comes from Har- vard Square to Maynard stops at customer selected stops and I don't feel it should be allowed along Lowell Street, it' s not safe. The Chairman said that Russell Street is in Woburn and the extension is East Street. Why not have stops on Woburn Street, Fulton Road, East Street, Thoreau Road, and North Street Mr Kenney said that Mr Vocell should meet with the Traffic Committee and designate the stops . Mr Legro said that the statute clearly says that the permit can be issued as the Board can determine. Mr. Greeley suggested the issuing of a permit, sub- ject to working out with the Traffic Committee. The Chairman said that we can amend the vote from sixty days to ninety days . He asked Mr Vocell to deter- mine where the best stops would be. Mr. Greeley said that this is a mutual thing; with his experience, he should know where he would like to have them. The Traffic Committee might decide on an inspection - it is a bad intersection at East and Lowell Streets . I 590 Mr. Gray suggested that Mr Vocell meet with the Traffic Committee on September 4 and they would look at the bus stops; the stops have to be painted and signs made. Upon motion duly made and seconded, it was voted to amend from sixty days to ninety days the original permit issued to the Vocell Bus Company for an extension from Lowell and East Streets to the Burlington Mall. Mr. Vocell is to meet with the Traffic Committee on September 1., 1968. Mr. Gray said that the Public Works Department had re- ceived bids on the resurfacing program Mr. Burke recom- mends that the contract be awarded to George Brox. , Inc. , Resur- for $59,300. facing Upon motion duly made and seconded, it was voted to award the contract for the resurfacing of streets to George Brox, Inc. , 1L171 Methuen Street, Dracut, in the amount of $59,300. Mr. Gray said that he had talked with Mr. Jenkins, who has a subdivision off Massachusetts Avenue, regarding a pedestrian easement . I pointed out that it wasn't planned on doing anything as this would have to be accepted by Town Meeting. Mr. Legro said that it would have to be laid out and accepted in the same manner as a street . Mr. Gray said that there were no funds and we couldn't do anything until an Article was put in the Warrant . The Chairman said that this will be filed as an item to be considered to be an Article in the Warrant . The Chairman asked if it should be voted to put it in the Warrant. Mr. Greeley replied in the negative, but it will be decided at the time Warrant Articles are discussed. Mr. Gray said that a request has been received from July 4th the Lions Club to hold a July ?nth celebration during July 1-5, 1969 at the Lexington Center Playground . It was agreed to hold the request until Mr. Gray gets more information . Mr. Gray said that Public works requests a transfer for road machinery in the amount of $1;800. He said that Public the Appropriation Committee said that when we needed the Works money they would give us a transfer from E &D. Transfer Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer in the amount of $1,800 to the Public Works Department for road machinery 1 5S, Mr. Gray said that a letter had been received from Mr. Martin regarding the need for a policewoman at Grove and Eldred Streets for kindergarten children. Mr. Gray said that we had pointed out this problem to the School Commit- tee when they started the kindergarten program. The Chairman said that, earlier, they bad extended the sidewalk on Grove Street 140 feet. There is nobody to cross the children over and it is a dangerous inter- section. Mr. Greeley asked if they need a continuation of the sidewalkon one part of Grove Street. The Chairman said that has been one of the suggestions, the other one was to have the children bussed The School Department has said that if the Traffic Safety Committee recommends that they be bussed , they will do it. _ Mr. Gray said that the Traffic Safety will not do it, it is up to the School Committee. Mr Kenney asked how many feet of sidewalk were needed? Mr. Gray said that there is a construction problem, which is why the sidewalk is on the other side. The Chairman said that if we want a Policewoman, ask for a transfer. We know the money is down. Mr Gray said that he didn' t think one crossing guard can handle the situation, the distance between Eldred and Dewey is great. Grove and The Chairman said that the traffic travels very fast Eldred during commuter hours, about 11.0 miles an hour. The rise Streets prevents proper sight vision. Mr Cataldo asked what happens at lunch time? The Chairman said that Policewomen do extra duty. We will recommend to the Traffic Study Committee that they pursue it with diligence. If they have a recommendation notify the School Committee in advance. Mr. Cataldo asked where do we stop? Mr. Gray said that parents could be expected to assume some responsibility in getting the children to school. The Town shouldn't have to take every burden. The Chairman said that he has explained the background to the neighbors . It started with summer kindergarten when the parents were responsible for the children and graduated with different parents . We were not a party to the first agreement saying they should be bussed I hate to see children placed in a precarious position in traffic The Traffic Safety Committee will take a look at it. Mr. Cataldo said that the Town accepted 90 percent of parental responsibility with kindergartens . The Chairman said that the Board is in complete agree- ment to refer this to the Traffic Safety Committee. Mr. Gray said that a letter had been received from the Planning Board regarding the sale of tax title lots 196, 56.2 W 2e w.w. 197, 198 Emerald Street, which stated that the Planning Board recommends against the sale of these lots .*t this time. The Chairman said that, in Meagherville, the Plan- ning Board recommends against the sale, giving us the "out" if we had compelling reasons. Mr. Gray said that he will write and ask Mr. Ritchie if he is interested in building under the Planning Board recommendations. Tax Mrd Legre said that there are several lots before Title you get these lots. If they acquire these . . . Mr. Gray said that the Planning Board strongly urged that if the lots are sold, the three 40 foot wide lots be consolidated as a single building lot with 120 foot front- age. Also that Emerald Street be constructed to Town specifications, including the installation of utilities, either by Town Meeting acceptance or under the subdivision control law, before the consolidated lot may be built upon. Upon motion duly made and seconded, it was voted to accept the recommendations of the Planning Board regarding the sale of tax title lots 196, 197, 198 Emerald Street. Mr. Gray read a letter from the Planning Board which stated there was no objection to the sale of tax title lot 53 Valleyfield Street to Mr. Luongo, owner of the adjacent lot, provided the two lots are combined into one so that Luongo Tax lot 53 will not be available as a separate substandard Title building lot. There is no objection to the sale of tax title lot 52, map 24, comprising recorded 501 wide lots 94 and 95, as one consolidated 100! wide building lot and not as two 501 wide substandard lots. The Chairman asked how Mr. Luongo wanted to inter- grate with his own lot? Mr. Cataldo said that if he only wants one lot, I am against it; it would be better to sell the whole 100 feet. Mr. Gray is to talk with Mr. Luongo. Mr. Burke said that we expect delivery the end of October on our new Insley Shoveldoaer and the Mass. Hard- ware would like permission to display this equipment at the exhibit. Shovel- Mr. Greeley asked if they would be responsible for dozer transportation. Mr. Burke said that they would. They get various types of equipment; some towns take pride in having their equipment displayed. Mr. Mabee said that we should take delivery after they show it as a piece of their equipment. Mr. Legro asked if it had been built to Town specifi- cations. Mr. Burke said that it had been. • 553 Mr. Legro said that we could arrange for an agree- ment between the vendor and the Town and title will not pass until it has been delivered to Lexington. Mr. Cataldo said that he had a reservation - if a piece of our machinery breaks down, we don't let it go. We want immediate delivery and not allow it to be shown. Mr. Burke said that he would take care of the details. Mr. Allia and Mrs. Connolly met with the Board. Mrs . Connolly said that the reason we are here this eventing, we stopped in to look the construction job over, it appeared as though at the back of our property line, the contractor has built a road and halfway down the roadway the gravel was booked up - they built a mound 12' high and we ask where the contractor got that gravel to build it up to that extent. We spoke to the Town Engineer and he said if we weren't satisfied, it was up to us to talk to the contractor. We have no negotiations with the contractor and we want to bring this to the attention of the Board. I get nowhere with Mr. McSweeney, he baa many variations every time we talk. I was assured that we would receive some sort of letter telling us what is going to transpire; to date we Revere have received nothing. Street The Chairman said that Mrs. Connolly is dissatisfied because the contractor is overstepping the easement. He asked if the contractor is using the road? Mrs. Connolly said that he is and is takingup the whole center of the property, be has ripped up 0' to 50' to lay that pipe. The Chairman said, the sewer lime going in on Revere Street is cutting through other property and will cross Revere Street. The Board has adopted an order. Mr. Legro said that Mrs. Connolly will receive the notice of the Order of Taking this week. Mrs. Connolly said that there was no reasoning on this project. The Chairman said that be had spent some time there and had followed the truck on Town property until we hit the property at 9 Revere Street - the rear end of the property was dug up and the road in veered off to the right. It would appear from the stakes that were there that the_Contractor was completely beyond the easement. Mr. Gray and Mr. McSweeney have looked at the project. MAL Connolly said that they are taking away a lot of her soil; they have taken it all and spread it. Mr. Allia asked where could they get so much gravel, apparently they are taking it off our land. Mr. Kenney asked if they had asked the Contractor? The Chairman said to Mr. Connolly, you informed the Contractor that he was tresspassing over your property. Mr. Gray said there was no question but that he was outside the easement . The Chairman said that according to the stakes, he has gone beyond. Mrs. Connolly said that he has taken all this be- yond the easement; he built a 301 roadway. Mr. Legro suggested that any questions about the Contractor being outside the easement, that the Board contact him and get the exact story so that it is known. Mr. Allia said that obviously, they are -not going to push that gravel back.) I did notice that in thi-s vici- nity there is a manhole built, 71 or 8t ; it appears that this is being filled in to take up the slack, by so doing, to eliminate any further digging going down; to cover that, they have to fill it in. The Chairman said that we will take Mr. Legrols sug- gestion and have Mr. Gray contact Mr. Fein and find out what is going on. Mr. Gray said that he will check and find out. Mr. Greeley said that the intent is to restore it at its natural condition, not lower. Mrs. Connolly said that they want to know how this whole project will finally terminate; the people that ere living there are very much concerned. You should stop all this until we come to some agreement. Kra. Connolly and Mr. Allia retired. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, Executive deliberating or voting on matters which, if made public, Session might adversely affect the public security, the financial interest of the Town or the reputation of any person. Following discussion concerning matters pertaining to litigation and negotiation, it was voted to resume the open meeting. Mr. Legro informed the Board that be had prepared the Orders of Taking on the other part of the Revere Street sewer easement. The easements taken on the parcel owned by John B. Heaney and Anne Hayford include a temporary easement 101 in width extending along the entire length of Order of the westerly boundary line of lot 3. Taking Upon motion duly made and seconded, it was voted to adopt the Order of Taking on a sewer and drain easement, extending southerly to an existing drain easement, on the property owned by John B. Heaney and Anne Hayford, 21 Revere Street; no damages to be awarded. Mr. Legro said that, on the parcel owned by Joseph C. and Philip L. Tropeano, the easements taken include a 20' Order of sewer and drain easement extending southerly from Revere Taking Street along the entire length of the easterly boundry of lot 2, a 101 construction easement in said lot 2 abutting the westerly side line of said 201 sewer and drain ease- ment, and portions of a 301 sewer and drain easement and 55$ 1 a 20' construction easement along the rear boundary line of an unnumbered lot. Lot 2 and the unnumbered lot are owned by Joseph C. and Philip L. Tropeano. Upon motion duly made and seconded, it was voted to adopt the Order of Taking on a sewer and drain easement, ex- tending southerly to an existing drain easement, on the property owned by Joseph C. and Philip L. Tropeano, 12 Revere Street; no damages to be awarded. Mr. Legro said that, on the parcel owned by Louis and Alba Tropeano, the easements taken include a 301 sewer and drain easement extending the entire length of the easterly boundary, and a distance of 98 feet, more or less, along the northerly boundary of lot 1, and a 20' construction Order of easement and a 10' construction easement, each of which Taking abuts a portion of the westerly side lin, of the 30' sewer and drain easement. Upon motion duly made and seconded, it was voted to adopt the Order of Taking on a sewer and drain easement, extending southerly to an existing drain easement, on the ppoperty owned by Louis and Alba Tropeano, 191Revere Street; no damages to be awarded . The Chairman read a letter from the ABC regarding the provisions for the sale of alcoholic beverages on July 4, 1968. ABC Upon motion duly made and seconded, it was voted to accept the recommendations of the ABC regarding the sale of liquor on July 4, 1968. Upon motion duly made and seconded, it was voted to grant permission to the Five Field Community to hold a square dance at the junction of Field Road and Barberry Permit Road on August 30 1968 from 7 P.M. to 12 M. Rain date is August 31, 1963. Upon motion duly made and seconded, it was voted to grant permission to the Stanley Hill Post No. 38 to hold Permit the installation of officers at Cary Memorial Hall on September 21, 1968 from 7:00 P.M. to 9:30 P.M. The Chairman read a letter of resignation from John J. Garrity as Fence Viewer for the Town. Upon motion duly made and seconded, it was voted to Resigna- accept the resignation, with deep regret and great appre- tion ciation for his contribution to the Town over the years, of John J. Garrity, Fence Viewer. The Chairman read a petition from the residents of the Manor Section regarding the increased low-flying air- Petition plane traffic from Hanscom Field. He said that they should 556 c be sent a copy of a letter received from Edward King, Direc- tor of the Massachusetts Port Authority, which states that Trans East Airlines has inaugurated service from New Hamp- shire to Bedfordand from Bedford to New York City. The letter further states that there are no plans for Hanscom Field becoming a major passenger terminal. Mr. Legro said that they did make a commitment not to approach or take off over the Parker School. The Chairman said that there is a set-up at Hanscom Field whereby any citizen may call up and report if a plane is too low. A copy of this petition should be sent to the Military and Edward King. Upon motion duly made and seconded, it was voted to sign the Certificate of Incorporation for the following: Lucia Kingery, 44 Bertwell Road Cert. of "Fernboro Street Association, Inc." Inc. Robert J. Brennan, 21 Buckman Drive "North Boston Obstetrical and Gyne- cological Society, Inc ." The Chairman read a letter from the CIO, requesting a meeting with the Board. The Chairman said that he saw no objectiod to meeting with them. The Board will designate a representative. Mr. Legro said that was what Harrington was asking for, someone designated by the Board, with authority to make decisions to report back to his constituents, he is your bargaining agent. Mr. Kenney suggested Mr. Gray. The Chairman said that he would like Mr. Legro to AFL-CIO be a party to this - someone on our aide with a knowledge of law. Mr. Legro said that in some cases, Towns have used Town Counsel and City Solicitors. Others used special Labor Counsel. In many other instances, the head of a department, Sehool Committee, a negotiating team; there is much merit in that. If you have Counsel to negotiate with them, that' s about as far as you can go. This is it, there isn' t anybody else to go to. I think, apart from negotiating sessions, you consult with Town Counsel. The Chairman said that this Board will designate cer- tain people and they will report back to the Board, ( of which Town Counsel is not necessarily a member) . Where we are setting up ground rules, would this seem reasonable to the Board, Chairman, head of department involved, and the Executive Assistant - to report back to the Board? Mr. Legro said that something like that has worked out in a number of cases. I would be perfectly willing L_ 557 to try it that way, to have the negotiating team come back to me. Upon 'motion duly made and seconded, it was voted that the Chairman of the Board of Selectmen, the Executive As- sistant, and the Superintendent of Public Works be desig- nated as a negotiating team, with no authority to make commitments, to negotiate with the AFL-CIO. The Chairman asked Mr. Gray to set up a meeting with Mr. Harrington during the day. Upon motion duly made and seconded, it was voted to approve the appointment of Election Officer Edna F. Appoint- Marshall, 110 Woburn Street, Democrat; replacing Mary A. ment Spellman, 24 Shirley Street, Democrat. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting held on Minutes August 12, 1968. Mr. Kenney asked about the Woburn Street School site. Mr. Madoono, owner of land in that area, asked if it would be taken. Was this voted in 1965? Mr. Cataldo said that it was 1962. Mr. Kenney said that we should determine with the School Committee, do we want this land? Thee people have been waiting for years; the point is, if we want it, take it . Mr. Gray said that we should contact the School De- partment. Land The Chairman said to ask which ones they feel we should Acquisi- pursue and which to abandon. tion Mr. Cataldo asked what land we had taken on this site. Mr. Legro said that all we ever did on it was to get some sort of sketch. Two or three people gave us options which expired. To my knowledge, the sketch plan was great- ly inadequate. Mr. Gray said that the Article was worded in a broad sense - 300 acres. Mr. Legro said that in 1962, Harold Stevens made it as broad as he could. Mr. Greeley asked if the School Site Committee still exists and he was told that it does not. Mr. Mabee said that the Lloyd land ought to be looked into. The land is going up $1,000 a month. We voted to take it. Lloyd The Chairman said to make a note on this and to give Land it to Town Counsel to make a taking. Mr. Gray said that he will talk with Mr. Lloyd. 558 co Mr. Cataldo asked in what direction we are going for a Dog Officer; under what conditions we are going to hire one . We should be ready to move in a few weeks. We have to decide how we are going to set it up. Mr. Mabee said that he was against the truck. Mr. Gray said that there was no money to buy a truck; there is only the salary and $600 for expenses. The Chairman asked where we would put the stray dogs. Mr. Legro said that the By-Law does not require that they be picked up. The Chairman said that they are now going to Dr. Smith. Mr. Gray said that Dr. Smith feels that if the law is diligently enforced, he does not have the space. The Chairman said that we should put an ad in the paper. Mr. Cataldo askad if we are going to hire a full time Dog Officer? Are we going to hire one man, or one with an Assistant, or what? The Chairman said that we have $5600 and we will hire one man. Mr. Cataldo said that we will not get seven days covers age with one man. We have to have at least two men. The Chairman said that we could have atDog Officer and an Assistant. Mr. Cataldo said that he would be on call seven days a week; we have to take it out of the Police Station. Mr. Greeley asked why the Police Station can' t take the calls. The Chairman said that it was not designed that way. We should advertise for a Dog Officer. Mr. Cataldo said that we should talk with Dr. Smith. It was agreed that Mr. Gray would put ad ad in the paper this week for a Dog Officer. Upon mation duly made and seconded, it was voted to adjourn at 10:50 P.M. A true record, Attest: rr nw,. 2 e r L 4 Executive Clerk, Selectmen I