HomeMy WebLinkAbout1968-04-22-BOS-min 382
SELECTMEN'S MEETING
April 22, 1968
A regular meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building,
on Monday evening, April 22, 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. Wonham, Assistant Superintendent
of Public Works, Mr. McSweeney, Town Engineer, and
Mrs. McCurdy, Executive Clerk, were also present.
Mr. Gray said that he had received a letter from
Mr. Gary with a bill, approved by the Buckman Tavern
Buchan Committee, from Donald Muirhead, Consultant, in the
Tavern amount of $430.00.
Upon motion duly made and seconded, it was voted
to approve the bill submitted by Donald Muirhead,
Consultant, for supervision of work on Buckman Tavern,
in the amount of $430.00.
Mr. Gray said that bids were taken for the clean-
ing
of catch basins. Only one bid was received and it
Catch was recommended that a contract be awarded to George
Basins E. Pierce, Jr. , , Leominster, for cleaning catch basins
at $1.50 per catch basin.
The Chairman asked bow many catch basins are to
be cleaned and Mr. Gray said that there were approx-
imately 4,000.
Upon motion duly made and seconded, it was voted
to award the contract for cleaning catch basins, at
$1.50 per catch basin, to George E. Pierce, Jr. ,
Leominster, Massachusetts.
Mr. Gray read a letter from Chief Corr stating
that he had received the resignation of Patrolman
George B. Wilson, Jr. Patrolman Wilson has resigned
Patrolman to enter into private business.
resigns- Upon motion duly made and seconded, it was voted
tion to accept the resignation of Patrolman George B.
Wilson, Jr., effective April 2, 1968.
Mr. Gray said that a letter had been received from
the United Nations Association requesting the appoint-
ment of a UN Day Chairman anithe issuance of a proclam-
ation declaring October 24, 1968 as United Nations Day.
The letter was referred to Town Celebrations
Committee.
it K3
Mr. Gray said that a letter had been received from►
John F. Shea Company stating that approximately 150 to
200 slates should be replaced on the right side of the
Cary Memorial Building. The amount of the quotation
is $713.00.
Also, a quotation of $1058.00 was received on
additional metal work on the Cary Memorial Building. Cary Memorial
This work consists of replacing the existing copper Building
conductor pipe from the existing copper header to
the ground level on the front right hand side of
the building; remove and replace split copper
conductor pipe on the rear right of the main roof;
remove and replace one copper conductor pipe;
replace copper strapp and new conductor hangers,
it required; repair the existing copper metal flash-
ings and wall cap on the right hand side of building.
Upon motion duly made and seconded, it was voted
to award the contract to John P. Shea Company, Inc. ,
for replacing 150 to 200 slates on the right hand
side of Cary Memorial Building, in the amount of
$713.00.
Upon motion duly made and seconded, it was voted
to award the contract to John P. Shea Company, Inc.
for sheet metal work on the right hand side of Cary
Memorial Building, in the amount of $1058.00.
Mr. Gray said that in connection with the work
on Cary Memorial, 4 quotation had been received from
John F. Shea Company for $1199.00 for extensive
repairs to prevent the rain water spilling down over Approrpiationu
the entrances. Committee
Mr. Gray said that funds are not in the budget
to cover this work and he requested the Board to
ask Appropriations for a transfer of funds. The
Contractor is working on Cary Memorial now and the
work could be done. He said that the Board might
consider an Article in the Town Warrant.
Mr. Cataldo said that if we wait to go to Town
Meeting it will cost more money.
Mr. Greeley thought it the right strategy to
reserve a sp ce in the Warrant .
The Cha rman said that he felt they could get
together wit the Appropriations Committee, but a
space could reserved on the Warrant .
Mr. Gra; said that Mr. Perry could talk to the
Appropriations Committee tomorrow.
1
384 czt
sa
The Chairman said that there are several Articles
which should be included in the Warrant. As a member
of the House of Representatives, he had filed two bills
on liquor . One was that clubs have the right to serve
liquor; under new home rule, the Act must have Town
Meeting vote before legislature can be presented. The
other bill is to make the present referenda necessary.
These are two Articles we could put in and go to legis-
lature for necessary legislation.
Mr. Gray said that the original bill included
restaurants.
Mr. Kenney asked if the second proposal was
putting it in the Warrant.
The Chairman said that they didn' t have to
support it; each to use his own conscience.
Mr . Mabee asked if it is a Citizen's Article.
Articles The Chairman said it was not ; he was not sure
of the status of restaurant petition.
Mr. Mabee said that as long as they are not com-
mitted in any way . . .
Two Articles are to be inserted in the Warrant,
one to petition legislature to allow referendum for
liquor licenses for private clubs. The other to
petition the Legislature for referendum to allow
restaurants serving over 99 to serve liquor .
Mr. Gray said there should be an Article for
Chapter 90 road funds. We don't want to lose $40,000.
The street was not agreed upon. An Article
is to be inserted.
The Chairman said that Utica Street would be in
the Warrant . He asked about the Veterans' Monument .
Mr. Mabee asked who wants it in.
The Chairman said that Mr. Adams, Mr. Cataldo
and the Chairman made the recommendation last year to
have a monument for all wars in Depot Square.
Mr. Kenney asked if this would be the intent of
this Article.
The Chairman said that he would like to have a
report from the Committee.
The Chairman said that the Appropriations Cam-
mittee would look favorably on a modification of the
Engineering Budget. An Article is to be inserted on
the Engineering Budget.
The Chairman said an Article to accept Chapter 401
of the Acts of 1966, the Treasurer, Clerk and Tax
Collector would be covered by Workmen' s Compensation;
at their request, we would put in the Article .
385
Mr. Gray said that bids had been put out replacing
a bulldozer. By the time the bids went out the bulldozer
went on fire. We will receive compensation. Bulldozer
will be traded as is. Funds that we will receive from
the claim will have to be set up in a separate account.
( Comes out of road machinery account. ) According to
Mr. Perry, we will need an Article.
It was agreed to insert an Article for the bulldozer.
Mr. Gray said that the Planning Board will have an
Article on recodification. Mr. Zaleski said that there
would not be other Articles submitted.
It was agreed to put in an Article on the lots on
Taft Avenue, Sewer Lateral for Hartwell Avenue.
The Chairman asked about Bridge Street, he asked
the Board to express their feelings on the possibility
of an Article this year.
Mr. Kenney said that they should not consider it ;
it would be a badP recedent.
Mr. Mabee said that we did make it clear to the
residents of Bridge Street.
Mr. Greeley said he would like to back up the En-
gineering Department and asked what the precedent was for
bringing up Article 4.
The Chairman said that we did come back to the
Special Meeting for a street. The difference is, it
was voted down at the Annual Meeting and we came back.
We had an unlerstanding with the Appropriations Committee
that if we could notet theprogram we wanted, the
could amend. They didn't do t. I think they realize
the errors o! their ways.
Mr. Gray said Mr. McSweeney could explain the En-
gineering pr,blems ahead of us. Mr. Greeley was not
involved bet re.
Mr. Greeley said, just the principle of going back.
Mr. Mabee said that at least we ought to be about
to recover wsat we thought we had.
Mr. Gravy said that we did tell the Appropriations
Committee we would do this.
The Chairman said that we have some reason to
believe they would support us this time . He agreed
with Mr. Gre?ley about continuing to come back . Since
the budget is set, we should pretty much adhere to it .
The Chairman said that there would be an Article
on Structure of Government. There will be another
Article to c >ntinue the Structure of Government Committee
if the Artic .e passes.
386
Upon motion duly made and seconded, it was voted
to insert the following Articles for the Warrant of
the Special Town Meeting, June 3, 1968.
Petition Legislature to allow referendum for liquor
licenses for private clubs.
Petition Legislature for referendum to allow restaurants
serving over 99 to serve liquor.
Chapter 90 Road Funds.
Veterans' Memorial.
Engineering Budget.
Transfer funds to Road Machinery Account (this is for funds
received from Insurance Company on damage to bulldozer - no
Town Funds involved. )
Recodification of Zoning By-Laws.
Sewer Lateral - Hartwell Avenue.
Structure of Government Articles.
Accept Chapter 101 Acts of 1966.
Land on Utica Street.
Article to clear tax title on piece of land on Taft Avenue,
Lots 98 and 99.
Citizens' Article on Dog Leash Law.
Citizen' s Article to develop Old Reservoir on Marrett Road.
&8a
III
Mr. Ha;'old Stevens met with the Board. He said
that there :s a parcel of land in the Countryside Area -
Article 57 of Annual Town Meeting. All are aware that
the owners of the property raised no objection, with
the understanding that we work out an arrangement with
the Town to keep part of that land and transfer the
remainder to the Town. Mr. Stevens showed a plan of
the area and said A-1 shows the area. We would like to
retain with a lot on Lowell Street. A-2 shows the
other lot that would be available to the Town. These
plans were Prepared with the Recreation Committee and
Whitman and Howard showed the manner in which the
property woild be used. He said that the parking
area could a taken care of by moving it in a south-
easterly direction.
Mr. Gray said that he had discussed the conceptual
plan by Whitman & Howard with Mr. Stevens; the parking
lot does no interfere with the Harrington Playground.
The Recreation Committee will get their parking. No
problems with the overall area.
Mr. Stevens said that this line was arrived at
a point where we would have sufficient area; parking
under zoning By-Law. Building now there to be an
office building. We had to figure out what the
IIrequirement would be. Mr. McKenzie has a different idea
of the widthof the driveways, etc. You have probably
had a noticof a hearing on the 7th. We ask for a var-
iance to use this piece, A-1 on Lowell Street. We also
ask a special permit to develop part of it, only
difficulty is there is no parking in front .
Mr. Stevens showed the Board the boundary lines.
He said the a would have to be a special permit for
reduced par ing development ; only good for two years .
Will ask th Planning Board if they would put it in
the Special Town Meeting; they preferred that we didn't.
Mr. Greeley asked if there would be any question
as to the rights of access to the rear of R-1.
Mr. Stevens said that he didn' t know what the
Board of Appeals wants right-of-way, 20 feet wide;
whether that should be developed . . .
Mr. Greeley said that the Town has the right to
deny access, and asked if there is a back entrance to
parking lot.
Mr. Stevens said they would have to get a variance.
Assume you are not going to lay out as a street; does
have right of access to it; would have no right to use it,
the building was not going to be using it bringing in
customers. It will receive very little use from a
traffic ppint of view. We should have to have some
I
answer from the Board .
388
sa
w_
11.
The Chairman asked if the Board wanted more time
to consider.
Mr. Mabee said that he would like to hear what
the Planning Board has to say.
Mr. Kenney said that he would like to hear more on it.
Mr. Cataldo asked, why don't you confirm this week?
The Chairman said that he would like to make a
decision on next Monday night ; if the Planning Board
has seen the Plan, maybe they have made a decision.
Mr. Kenney said he would like something in writing
from the Recreation Committee supporting this proposal.
Auctioneer Mr. Gray said that he would get it frcan the Recrea-
tion Committee.
Upon motion duly made and seconded, it was voted
to sign an Auctioneer' s License for James Martin,
43 Bowdoin Street, Newton Highlands.
Upon motion duly made and seconded, it was voted
Paper to grant permission to Mr. Ryan to conduct a paper
Drive drive for Sacred Heart and St. Brigid parishes on
May 5, 1968.
Upon motion duly made and seconded, it was voted
to grant permission to Youth Employment, Unlimited,
Art of the Lexington High School to hold an art exhibit
Exhibit in front of the Visitors' Center on June 2, 1968, or
a rain date of June 9, 1968.
Upon motion duly made and seconded, it was voted
Minutes to approve the Minutes of the Selectmen ' s Meeting
held on April 15, 1968.
The Chairman read a letter from the Building
Inspector regarding the increase in fees voted on
Building April 15, Mr. Irwin feels that $5.00 for Permits
Inspector is too high and recommends $2.00 or $3.00. He also
asked for a date to be voted making the fee effective.
Upon motion duly made and seconded, it was
voted that the permit fee and changes voted on
April 15 would become effective on June 1, 1968.
The Chairman read a letter received from the
Bicentennial Minute Man National Park Advisory Commission
regarding the bicentennial of the 19th of April,
1775.
The Chairman said that it is his understanding
that Concord has appointed a Committee.
It was agreed to refer the letter to the Town
Celebrations Committee.
389
The Charman read a letter from the United Nations
Association requesting that a UN Day Chairman be ap- UB Day
pointed aad 1.las that a proclamation be issued declaring
October 24, 968 as United Nations Day.
It was _ greed to refer the letter to the Town
Celebrations Committee.
The Cha:Lrman read a Citizens' Petition requesting
that a sidew lk not be included in the layout of Ewell
Avenue.
The Chairman said that it is cheaper to put in a
sidewalk when doing the street. In the future, when
they come in for a sidewalk, we can point to this Ewell
petition. Ave.
Mr. McSweeney said that all except Hillcrest Ave. Petition
do not desir:. a sidewalk.
Mr. Gra• suggested that the petition be held in
abeyance unt 1 they have more information.
Mr. Gre ley said that it goes further than the
point of vie of abuttors.
Mr. Mabe said that it would depend on the recom-
mendation of the Traffic Committee.
Upon mo ion duly made and seconded, it was voted to
refer the pe ition to the Traffic Committee and await
their recomm- ndation.
Upon mo ion duly made and seconded, it was voted Abate-
to grant an =batement of water rates to Louis Salza, 103 went
Lincoln Stre- t, in the amount of$29.05.
Upon mo ion duly made and seconded, it was voted
to sign I.D. liquor card for Kathleen B. Black,
64 Shade Str. et.
Upon mo ion duly made and seconded, it was voted
to sign Licenses for four taxis for the Minute Man
Cab Company. Registration Numbers are 2268, 2269,
2270, 2271, nd four livery licenses, registration
numbers P-19 706, L24-511, U57-949, and P67-626, for Licenses
the Minute M Cab Company.
Also sicned were three licenses for the Lexing-
ton Cab Comp ny, registration numbers 4208, 4209, 4210
and five private livery licenses, registration numbers
L35-057 through L35-061.
Mr. Legro said that the citizens' petition for
the Dog Leash Law has sufficient number of signatures,
but does not call for an appropriation. You must
honor the recluest, there should be an insertion as
am Article. You do not need to be highly technical,
it ought to be in the form that you can adopt for
insertion in the Warrant .
The Chairman said that, basically, the petition is
faulty.
390
le
g
G:
Mr. Legro said that the Board has a right to insert
its own Article.
The Chairman asked if the Bard was prepared on
its own to insert an Article.
Mr. Greeley said that he would advocate inserting.
Dog Leash Mr. Cataldo said that the Board would talk to
them if they wanted to carne in on next Monday night .
Mr. Legro said that their article doesn't do
what they are seeking to do .
Mr. Cataldo asked Mr. Gray to inform the citizens
to come back with the Article inproper form.
Mr. Mabee said to hold the Article open. Be had
no objection to insertion.
Mr. Legro said that this Article does net ask to
amend any by-law; makes no attempt to repeal the existing.
by-law and replace it with this .
Mr. Legro discussed the discrepancies in the Article
and the Chairman asked if the onus ison the Board to
see that every article put in by citizens is prepared
properly. If we take Articles as they come, there should
be no onus on us.
Mr. Legro said that you_ could spend a lot of time
resolving it.
The Chairman said that you leave the door open ad
infinitum.
Mr. Kenney said that he agreed with Mr. Cataldo,
to wait a week.
Mr. Legro said that all of the same signatures
must be on the petition, and there must be some indica-
tion that funds are to be appropriated.
Upon motion duly made and seconded, it was voted to
extend the closing date of the Warrant to April 29 for
the Dog Leash Article.
Mr. Gray said that there was a meeting with the
Planning Board on the rezoning of the Davenport property
this evening. *
Mr. Burke said that at the Selectmen' s meeting on
March 11 it was voted to award the contract for curb
Contract boxes to C. A. Turner Company for $875.14. We viewed
for curb the boxes and they did not meet our quality weightwise.
boxes In the future I would recommend that they be bid on a
weight basis . He requested the Board to reconsider and
award the contract to the fourth lowest bidder, George
A. Caldwell for $997.42.
' The Chairman retired at 8:45 p.m. and Mr. Cataldo
acted as Chairman for the remainder of the meeting.
391
Mr. Cataldo said that we will have to vote to
reconsider the vote of March 11.
Mr. Legro asked if the low bidder had been notified
of the award and Mr. Burke said Turner Company had not
been notified.
Upon motion duly made and seconded, it was voted
to rescind the award to C. A. Turner Company as voted
on March 11, 1968 .
Upon motion duly made and seconded, it was voted
to award the contract for Permarod boxes to George A.
Calwell Co. in the amount of $997.42.
Mr. Burke said that Mr. R. D. Hamilton of 2 Taft
Avenue has requested permission to connect a 4" cellar
pipe to alleviate flooding condition in the cellar.
Mr. Burke recommended that the Board grant the request; Connection
work to be done to the specifications of the Town.
Upon motion duly made and seconded, it was voted
to grant the request of R. D. Hamilton, 2 Taft Avenue,
to connect a 4" cellar pipe; work to be done to the
specifications of the Town.
Mr. Burke said that Doctor Varant Hagopian,
3 Bryant Road, lot #4, two catch basins and 142+ of
work done at his expense under the direction of
Engineering. Water was flowing from Lowell Avenue,
Mr. Cataldo said that we seem to be getting into
more and more of this type of thing and asked if we
get any reimbursement.
Mr. McSweeney said that we just review it. If Hagopian
there is some other way it can be relieved without
connecting into drain, we send a form letter.
Mr. Cataldo asked how much time is put in and
Mr. McSweeney said about one hour to review.
Mr. Burke said that it is required that they
notify within 24 hours.
Mr. Cataldo asked if they charged for a permit
and Mr. McSweeney said that it was $10. 00 for a license.
Mr. Legro asked if it involved excavation of a
public way and Mr. McSweeney said it did.
Mr. Legro asked if a permit is issued and Mr.
Gray said that, later on, the drain has to be bonded.
Mr. Legro said that it would be well to have
the Town named beneficiary; opening of a public way
is a liability of the Town, it can be extremely ex-
pensive; Town should be named as interested party
under the bond.
Mr. Cataldo asked if we control the patching
job that they do.
992
Q
Mr. Cataldo asked if the Gas Company finishes the
job and puts a patch in the street and does a bad job,
what then?
Mr. McSweeney said that we make them go back and
do a good job.
Mr. Burke said that, in their opinion, in some new
developments conditions will exist that they can go
ahead while the area is raw and install the drain. We
would rather do it that way than have it in there and
not know it is there.
Mr. Legro said that a very small depression can
involve the Town; we can save several thousand dollars.
Mr. Gray said that they will discuss the matter
further.
Mr. Cataldo said that he would like to set up a
meeting with the Fire Commissioner to have some ques-
tions answered before the bids go out on the service
truck approved for at Town Meeting.
Mr. Gray said that a meeting would be set up for
next Monday evening.
Mr. Cataldo, as Chairman, entertained a motion for
Executive Session.
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of dis-
cussing matters involving the finances of the Town and
the reputation of an individual.
A true record, Attest:
Executive Clerk, Selectmen
The next regular meeting of the Board will be held in
the Selectmen' s Room, Town Office Building, on Monday
evening, April 29, 1968, at 7:30 P.M.
i)j;
t