HomeMy WebLinkAbout1968-04-15-BOS-min 371
' SELECTMEN'S MEETING
April 15, 1968
A meeting of the Board of Selectmen was held in
the Selectmen's Room, Town Office Building, on Monday
evening, April 15, 1968, at 7:30 P.M. Chairman Cole,
Messrs. Cataldo, Mabee, Kenney and Greeley were present.
Also, Mr. Legro, Town Counsel, Mr. Gray, Executive
Assistant, Mr. Burke, Superintendetfdf of Public Works,
and Mrs. McCurdy, Executive Clerk.
At the request of the Town Clerk, three jurors
were drawn. They are as follows: Henry R. Thies,
162 Marrett Road; Jordan Loftus, 21 Hathaway Road; Jurors
Harry Lerner, 10 Angier Road.
Hearing was declared open upon the application of
the Boston Edison Company and the New England Telephone
Company for the installation of a pole on Westwood
Road.
Notices of the hearing were mailed to the petition-
ers, owners of property as listed on the petitioners'
plan and also filed with the Superintendent of Public
Works.
Mr. Pratt, representing the Boston Edison Company,
was the only person present at the meeting. He stated
the petition was for a pole location requested by a Pole
customer to eliminate a wire crossing over her property. Location
No one was present in favor or opposition and the
Chairman declared the hearing closed.
Upon motion duly made and seconded, it was voted
to approve the petition and sign the order for the fol-
lowing JO pole location:
Westwood Road, northeasterly side, approximately
21 feet northwest of Adams Street, One pole ,
Hip Guy and Anchor.
Mr. Legro said that he had an Order of Taking for
the Hartwell Avenue Trunk Sewer; no damages awarded in
accordance with the vote of the Board of Selectmen on
April 1, 1968 .
Upon motion duly made and seconded, it was voted Hartwell
to adopt and to sign the Order of Taking for the Avenue
Hartwell Avenue trunk sewer, no award of damages being Sewer
made.
Mr. Gray said that, on April 12, he and Mr. Burke,
' Mr. McSweeney, Mr. Legro and Mr. Clary met with Mr.
Greeley, Division of Water Pollution Control, regarding
the application on the grant for the force main from
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the Brooks Street Pumping Station. A modification of
the application was required: They would have to get
a new report from the Area Planning Group; technical
information is being compiled. The grant was for
approximately $1.0,000, but now the grant is $58,000.
Mr. Legro said that this application was a year
or two old and was for a smaller force main at a lower
cost; new application would bring it up to date.
Mr. Gray said that they are preparing a reason for
the change.
The Chairman asked if we are ready to move forward.
Mr. Legro said that Mr. Greeley would hold approval
until he saw a Ropy of the contract between Bedford and
Lexington. We ought to have all three parts of the
contract.
Mr. Gray said that they need three copies of the
vote of the Bedford Town Meeting. Bedford has approved
this and has all funds available.
Mr. Legro said that there was no drawback in respect
to the written agreement with the Town. He had met with
Bond Counsel on further review of proposed legislation;
Force Mr. Legro has a draft, which Bond Counsel has seen.
Main The Chairman said that this Legislature looks as
though it is moving.
Mr. Legro said that they would like construction to
begin before June 30, 1968.
The Chairman asked if the engineering was done .
Mr. Gray said that it depends on how long it takes
Mr. Greeley for approval; we lack Federal approval . We
cannot advance until we get auttiorizatipn.
Mr. Gray said that Mr. Greeley was on vacation. As
long as we have the information in his office, he will do
it on Monday morning.
The Chairman asked if it was reasonable to expect
to have this done this week?
Mr. Legro asked if there were any easements in con-
nection with the force main and Mr. Gray said that there
was a small section where an easement is necessary; the
part near the Pumping Station.
The Chairman informed Mr. Gray that as soon as it
is done , it is to be given to Mr. Legro.
Mr. Gray agreed. He said that there were some
engineering problems.
Mr. Gray said that Traffic Commission met to discuss
that Pleasant Street be deleted from the existing list.
If it is agreeable to the Contractor, Middle Street end
Tufts Road would be lett on the list. If not agreeable,
come in with priority list. The feeling is that Tufts
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and Middle Street be done . Mr. Zaleski said that some
decisions have to be made on what will be done with
Pleasant Street, number of sidewalks to be incorporated
in overall contract; no list today. We would like to Pleasant,
get their thinking. Would like a report from the Tufts and
School Committee; the Planning Board report is here. Middle
Mr. Greeley said that on Pleasant Street, the low Streets
point is very often not workable, asked if there was
any possibility of fixing up that one point, could
some gravel be put in?
Mr. Gray said that there had been an investigation
made and some of the drain had been plugged.
The Chairman said that from an Engineering stand-
point, Mr. McSweeney suggests that they go out to bid
again.
Mr. Gray said that there would be a time delay.
If the Contractor is agreeable, they couldn' t get
better plans.
Mr. Greeley said that he would like to make a
motion to go ahead, if under the present bid.
Upon motion duly made and seconded, it was voted
to authorize Mr. Gray to proceed with arrangements with
the contractor to have Tufts Road and Middle Street done.
Mr. Gray read a letter from Mrs. Rising requesting April
the enforcement of no parking on Massachusetts Avenue on 19th
April 19. He said that it would be impossible to restrict
traffic and no parking on that one day.
The Chairman asked Mr. Gray to write a letter to
Mrs. Rising informing her that her request may not be
granted.
Mr. Gray read a letter from the Building Inspector
who recommended changes in the Permit Fees charged by
the Inspection Department.
After discussion, it was agreed to make the changes Building
in the rates. Inspection
Upon motion duly made and seconded, it was voted Department
to make the following changes in the Permit Fees, as
charged by the Inspection Department :
Minimum Permit Fee of $$.00 for Building, Electrical
Gas and Plumbing. Building Permit : Raise maximum
from $1,000 to $2,000 on Building Permit. Maintain
present $1,00 per $1,000 per estimated cost of job.
Plumbing and Gas : Installation Fee of $2.00 for the
first fixture and 25 cents for each additional
fixture.
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Mr. Gray read a petition from the Lexington Police-
women requesting that all Policewomen receive equal
pay; three women do not receive the fifteen dollars
a month increase.
The Chairman asked if Chief Corr had received a
copy of the request.
Mr. Gray said that Chief Corr had received a copy
and had informed the Policewomen that if all agreed to
Police- the request, he would present it to the Board. All
women Policewomen have not signed the petition. The basic
pay is $150 and it is the highest in the area.
The Chairman asked on what basis they want the
extra money.
Mr. Gray said that they feel that the other Police-
women receive it.
Mr. Mabee said that Chief Corr is not recommending
it.
Upon motion duly made and seconded, it was voted to
deny the request all Policewomen receive the extra
$15.00 a month.
Mr. Gray said that an application for Cary Memorial
Hall had been received from the First Baptist Church to
present a drama "The Black Messiah" , to be performed by
Cary the Fisherman' s Players of Wellfleet.
Hall Upon motion duly made and seconded, it was voted to
grant permission to the First Baptist Church to present
a play on May 8, 1968.
Upon motion duly made and seconded, it was voted to
sign Licenses for the following;
Auctioneers: Elaine S. Myers 27 Outlook Drive
Robert N. Cann 48 Hancock St.
Bertram P. Dustin 50 Bloomfield St.
Robert 0. Rockwell 3 Graham Road
Myron C. Graffam 19 Deering Ave.
Chauffeured
Auto Service: Isabelle M. Kitson 50 Taft Avenue
The Chairman read a letter from the ABC regarding
the sale and delivery of liquor on Friday, April 19, 1968.
Upon motion duly made and seconded, it was voted
that Package Goods Stores may sell and deliver alcoholic
beverages between the hours of five o' clock P.M. and
eleven o'clock P.M. on April 19th and until eleven-
thirty o'clock P.M. on Thursday, the night before.
Hotels, Restaurants, Taverns and Clubs may sell alcoholic
beverages during the usual hours on April 19, 1968.
375
The Chairman read a letter from the Lexington
11. Arts and Crafts Society, Inc. requesting permission
to use the grounds in back of Buckman Tavern for
an outdoor art exhibition on May 25, and also for
permission to have a caterer with his truck parked
at either the north end of the area or in the park-
ing lot in back.
Upon motion duly made and seconded, it was Arts &
voted to grant permission to the Lexington Arts and Crafts
Crafts Society, Inc. to hold an outdoor art exhibition
on the grounds in back of Buckman Tavern on May 25,
1968, but to deny the request for permission for a
caterer' s truck to be parked at the north end of the
area or in the parking lot in back.
Upon motion duly made and seconded, it was voted
to approve the Minutes of the Selectmen' s Meeting Minutes
held on April 8, 1968.
Upon motion duly made and seconded, it was voted
to sign the Certificate of Incorporation for Horace
M. Beseoker, Jr. , 8 Eastern Avenue, a good character Cert. of
reference having been received from the Police Depart- Inc.
ment.
The Chairman read a letter from the Mass. Bar
Association requesting the Board to proclaim May 1,
1968 as Law Day USA in Lexington.
Upon motion duly made and. seconded, it was voted Proclama-
to issue a proclamation declaring May 1, 1968 as tion
Law Day USA in Lexington.
Upon motion duly made and seconded, it was voted
to make the following appointments for terms of three
years:
Board of Health Rufus L. McQuillan
Board of Fire Commissioners William P. Fitzgerald Appoint-
Conservation Commission Jules P. Sussman menta
The Chairman read a letter from the Collector of
Taxes requesting abatements on ambulance bills for
1964-1965 which her department has been unable to
collect.
Upon motion duly made and seconded, it was voted
to grant the request of the Collector of Taxes and Ambulance
sign the abatements for ambulance bills. Abatements
Upon motion duly made and seconded, it was voted
to sign the abatements on Water Rates for the following:
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co
Olde Bargain Barn $222.54
Otis Brown 74.04
Richard Hessen 50.80
Stanley White 13.30
Melvin Tracy 8.01
John Sasilec 8.75
The Chairman said that it is the opinion of the
Structure of the Government Committee that they be
given Special Counsel.
Mr. Legro said that the time is short between
the Annual Meeting and the June Meeting. He said
that he did offer to sit down with the Committee
and go over the thoughts of the Committee. The
way to work it out is to sit down with them and line
Structure up somebody who might assist. The Planning Board
of Govt. has recodification coming up and there is a great
deal of work to be done on that. The normal work
load has become abnormal. If this is satisfactory
with the Committee, I don' t see any alternative. An
out of town man would have no concept of this. I' ll
try to line up somebody to do some of the work and
then sit down with the Committee.
The Chairman said that it is the sense of the
Board that you get somebody.
Mr. Kenney said that he would like to report
that he had talked with Mr. Arthur MacKinnon, Director
of Accounts of the Commonwealth. He is highly regarded
on municipal and local affairs . He is willing to come
to a meeting. I would like to request that the
Chairman write to him inviting him to a meeting with
the Structure of Government Committee . Would like
to take advantage of some of his ideas.
It was agreed that a letter be written to Mr.
MacKinnon inviting him to a meeting to be held by the
Board of Selectmen and the Structure of Government
Committee on April 25, 196E'.
Mr. Adams said that he had a request to make of
the Board. Five years ago there was a contract with
the Air Base and it was promised that when that was
through the public would be able to know about it;
Air Force Mr. Adams has never seen it, the public has a right to
Contract know.
The Chairman said that the new rates between the
Air Force and Lexington were approved by the Secretary
of the Air Force and the General Accounting Office.
These rates are negotiated rates.
377
Mr. Adams said that he was given to understand
that the Board issue a statement.
Mr. Legro said that he didn't know what there
would be on the records; looking back, the results
are an open book.
The Chairman asked, didn' t we vote new water rates?
Mr. Legro said it was an agreement amending the
original contract.
The Chairman said, as far as we are concerned, with-
out specifically voting all out . . .
Mr. Adams said that all records should be open.
Mr. Mabee said that we are negotiating with them now.
Mr. Legro said that he was inclined to think that
certainly the results could be open .
The Chairman asked Mr. Gray to make a list of the
Executive Sessions that decisions were made and to make
the recommendation to the Board.
Mr. Gray said that he had talked to Attorney Conroy
regarding a request of Mr. Hamilton for a drainage ditch.
The Chairman asked if it was brought out that the
drainage was the fault of the Town?
Mr. Cataldo said that we have one manhole emptying
into the brook. In our negotiations with him to buy
this piece of property, we explained this to him and
also explained that it was a low area; there would
always be water in that area. He said that he wanted
to live there, regardless. The last time we talked with
him we said we would clean the brook, not pipe it.
Mr. Gray said that he has three drain pipes leading
into it now.
Mr. Legro said that he had suggested that John
Carroll had copies in his files; there is no liability
on the Towh
Mr. Cataldo said that the manhole was put in 1925;
we could reroute the pipe to Worthen Road drainage.
The Chairman asked Mr. Gray and Mr. Burke to go
through the files and give copies to Mr. Legro. Will
tell Mr. Conroy we are checking out; will get together
with Mr. Burke.
Mr. Gray said that he had checked back in the
Minutes regarding the lots on Taft Avenue . In 1958
the property was sold and the Selectmen intended dividing
it into two 75+ lots.
The Chairman said that if the board wishes to honor
the Commitment it would require more recordings.
Mr. Legro said that in order to convey a good title,
it takes a Town Meeting vote. He has a copy of the first
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page of tax title deed. The Board imposed the restric-
tion; Board having erroneously imposed that. It can't
correct its own error if this tax title is ever to be con-
formed in Land Court. Need a Town Meeting vote to re-
move the restriction from other three lots and it might just
as well be done.
Mr. Cataldo asked how much of a vote and Mr. Legro
said it would require a two-third vote. Of course, the
Board can vote to correct; way of coaformatory deed
Taft making a correction in the instrument and specifying
Ave. that it is given to correct the prior deed. You may
Lots probably have to face the situation if they attempt to
conform the title.
It was agreed that an Article be inserted in the
Warrant for the Special June meeting.
Mr. Cataldo said that the first Article on the
Center was for rezoning to a C-2 zone; the waiting
period is up. Would like to meet with the Central
Block people.
The Chairman said that the Board would have no
objection to a meeting.
Mr. Cataldo said he would set up a meeting and
report back to the Board.
Mr. Greeley said that it was the action of the
Town Meeting and asked if the amendment is on the
way to the Attorney General's office.
Mr. Legro said it would have to be approved by
the Attorney General and published.
Mr. Cataldo said that on Beautification, we know
some of the problems we faced on construction and
maintenance. Would like to see us re-evaluate the
plan, come up with some improvements, and try to solve
some of the maintenance problems.
Lexington The Chairman said that we still have the Committee.
Center They should meet with us. Things should be brought to
their attention on the present situation. On the
remaining part, they can proceed from there. Mr. Burke
will meet with the Board.
Mr. Kenney asked if there were changes in the design.
The Chairman said that a meeting will be set up
with Mr. Burke, Mr. McSweeney, Mr. Zaleski, Mrs. Sharfman,
_ Mr. Kolovson, Mr. Pierce, Mr. Cole and Mr. Gray.
Mr. Greeley said to meet and report back to the
Board.
Mr. Cataldo said that the application of the
Harvard Trust Company had been turned down.
Mr. Gray said that the Health Officer had complaints
of litter conditions.
379
1Mr. Cataldo said that on the other side of Edison
Way there are twenty parking spaces. They are owned by
the Depositors Trust Company and they are willing to Parking
give the Town jurisdiction and control; but not the fee. Lot
The Chairman said that it would have to be in the
nature of a lease and he would discuss it with the
President of Depositor' s Trust.
Mr. Greeley asked for a report on the Bedford
Street Highway Study.
Mr. Gray said that Mr. McSweeney has been handling Bedford
it. Street
The Chairman requested that a report of progress Study
be presented to the Board on next Monday evening.
Residents of Augustus Road met with the Board.
Mr. Lichtenstein of 9 Augustus Road said that he
would like to present their problems to the Board.
When Taurasi and Zarillo developed in the Country Club
area they were required to furnish a bond . He did
furnish a bond from February 164 to February '65. As
of February 165, he having failed to complete all work,
he was in default of bond. We waited until April '66
to determine when the street would be paved. Letter was
written to the Planning Board making inquiries on the
preparation of the street. We had a reply from the
Planning Board on May 18, 1966; had a meeting with
Mr. Zaleski and he explained the difficulties with
Mr. Taurasi . Mr. Zaleski informed them he was writing
to Mr. Legro and some procedures were brought against
Augustus
the Bonding Company. Mr. Legro had corresponded with g
the Bonding Company. There were numerous conferences Road
with the Planning Board and Engineering. In 1967, last
summer, one or two meetings here. Mr. Legro informed
us that he had spoken to the Bonding Company and they
assured him the street would be paved. The street was
paved and some sewers put in (in 1967) . Nothing has
been done since. In November, I wrote to Mr. Zaleski
and he forwarded my letter to the Board of Selectmen.
He sent me a letter specifying what work remained to
be done in order to have Augustus Road completed to the
satisfaction of the Town. On November 10, 1967, it was
too late to do any work. Nothing has been done this
Spring. Mr. Zarillo has died and Mr. Taurasi is unable
to complete the work as he is in financial difficulties.
We are trying to proceed against the Bonding Company.
Meanwhile, there is a hole around the sewer, certain
areas of the street have caved in. We have a bus for
grammar school children and I would hate to have the
children falling in that hole on the corner of Augustus
and Hickory. A very dangerous situation exists there now.
38U ze
Mr. Kurys of 20 Augustus Road said that the last time
we spoke, Mr. Legro had all papers necessary to enforce
the bond. It seems reasonable that, if the Contractor
had not performed, for Mr. Legro to get the bond enforced
or the Town should do it themselves. We have been very
patient. He asked if the Selectmen could do something
for us as we have no recourse against the Contractor.
Mr. Joseph Cronin, 49 Vaille Avenue, said that they
are down to about fide or six problems. The end of
Augustus Road has been paved and seed placed on the side.
Major problems have to do with catch basins and puddles.
The amount of the bond was pretty close, but did not cover.
The Chairman asked what the Planning Director had
reported to the group.
Mr. Gray said that it was the same as Engineering.
They have been attempting to get it done through the
Contractor. We couldn't get to him. We can' t go on
doing nothing, it is not an accepted street.
Mr. Legro said that the major item is the sunken
catch basin. I have talked with Mr. Reed and he was
to talk with Mr. McLaughlin. There is no hope that
Mr. Taurasi will finish it. The Bond Company might
have when street was reported as having been paved.
I thought that the work was taken care of as a result
of a letter in November. Mr. Burke spoke to me about
the hole. We did have a period of time when certain
items were included under the bond. I think they are
in agreement. I do think one or the other ought to
follow through exclusively. Get copies of letter from
the Planning Board addressed to subdivider; I am willing
to follow it through.
The Chairman said that Mr. Legro is in contact with
the Bonding Company. Mr. Gray will coordinate any in-
formation that he needs and he will follow through with
the Bonding Company and have it terminated.
Mr. Legro said that his information is complete.
Mr. Kurys asked what if the Bonding Company com-
pletes the work and brings street up to specifications
we go through another winter, next year we go through
drains and potholes again, will we have to go through
this next year?
The Chairman said that if the Contractor finishes
and these defects occur, this is on the abuttors.
Mr. Legro said that since the Planning Board, on
recommendation of the Engineering Department , approves
the installation of utilities, it is the usual procedure
to release the Bonding Company. If the Town later ac-
cepts the street, it would go in and maintain it.
Mr. Greeley said that if the street is fixed accord-
ing to Town specifications you would not have potholes, etc.
Mr. Legro said that some of the work has not been
done properly.
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Mr. Greeley said that the Planning Board has been
trying to do something on the street for two years.
We have been very lenient with Taurasi, forget him.
Work on the Bonding Company to shape up. We have a
moral obligation to these people.
Mr. Legro said that the Bonding Company will
try to talk with Mr. Taurasi.
The Chairman informed the group to call Mr. Gray
for a progress report.
The Chairman said that he would like to have the
Board set up a policy on accidents to employees.
Upon motion duly made and seconded, it was voted
that it is the policy of the Board of Selectmen that
prompt notice of injury is a prerequisite of re-
imbursement of an injured employee so that the Board
may have the injured person examined by a Doctor of
the Board' s choice.
Mr. Adams and Mrs. Frick again requested the
Board to purge the Minutes of Executive Sessions.
After discussion, the Chairman reiterated that
this Board of Selectmen is responsible for all
previous records and, if we err, we err on the
side of caution.
Upon motion duly made and seconded, it was
voted to go into Executive Session for the purpose
of discussing, deliberating or voting on matters
which, if made public, might adversely affect the
public security, the financial interest of the Town
or the reputation of any person.
After discussions involving litigation, the
reputation of a person, and matters relating to
the financial interest of the Town, it was voted
to adjourn at 11:25 p.m.
A true record, Attest:
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Executive Clerk, Selectmen
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