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HomeMy WebLinkAbout1967-05-15-BOS-min,. CJ 40 SELECTMEN'S MEETING May 15, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, May 15, 1967, at 7:30 F.M. Chairman Cole, Messrs. Burnell, Cataldo, Mabee and Kenney were present. Mr . Gray, Executive Assistant, Mr. Colella, Assistant Superintendent of Public Works, Mr. Higgins, Assistant Town Engineer, and Miss Murray, Executive Clerk, were also present . At 7:30 P.M. , hearing Was declared open upon the intention of the Board of Selectmen to lay out as a town way, Emerson Road from Adams Street a distance of 410 feet, more or less , westerly. Notices of the hearing were delivered by Constable to persons deemed by the Board to be affected . Messrs. Greeley, Farwell, Worrell, Mrs. Riff in, Planning Board, and Mr. Zaleski, Planning Director, were present at the hearing. Mr. Greeley explained that the Planning Board is very strongly in favor of this stretch of Emerson Road for Emerson reasons that have been outlined on several previous oc- Road casiona. He stated the Planning Board went into the March Town Meeting with a proposal to lay out this road but not to construct it at that time because the Board thought it was possible to lay it out without constructing it. Apparently it is not feasible to lay out a road without going through this improvement. The Planning Board now intends to re- commend laying out and constructing this 410 foot stretch. He explained the Board has no immediate plans for recommending construction of the road through Willard Woods. Mrs. Harvell asked if it is still a seventy-foobstreetL Pr. Greeley replied in the affirmative and explained it was because of other components which it in effect con- nect are seventy feet and the Planning Board feels it makes sense to make this seventy feet. He stated it will not be paved to the extent originally contemplated. Mrs. Harvell reported she polled everyone on Hathaway Road and all except one are unequivocally opposed to this portion of Emerson Road . They are opposed to the road which cuts thew from Willard Woods. Mr. Bayliss was recorded in opposition and also recorded Mr. Belbin and Mr. Bacigalupo as being in opposition. He questioned the necessity of the road as laid out as an invest- ment and stated it would create a traffic hazard. He said the present arrangement strikes him as not serving the original 41 function for which Emerson Road was laid out. He said the function of the road will have to be determined. If it is a road to carry traffic from one section to another, this function should be defined Mr Livingston said some of his neighbors in the Grove are concerned with the inconsistencies of the presentation made. Mr Parks was recorded in opposition. The hearing was declared closed at 7:50 F.M. Upon motion duly mad e and seconded, it was voted to lay out and establish as a public town way, Emerson Road from Adams Street a distance of 410 feet, more or less, westerly as follows : Mr Kenney was recorded in opposition. COMMONWEALTH OF MASSACHUSETTS Middlesex, ss . Lexington, Massachusetts May 15, 1967 Town of Lexington, Selectmen' s Room At a meeting of the Board of Selectmen of the Town of Lexington, after having given due written notice of the intention of said Board, as required by law, to lay out as a town way the way known as Emerson Road from Adams Street a distance of 410 feet, more or less, westerly, all as hereinafter more fully appears, and after public hearing thereon held on May 15, 1967, Now upon consideration of the matter it is ORDERED: That this Board of Selectmen is of the opinion that public necessity and convenience require that said Emerson Road be laid out and established as a public town way, and that the same is hereby laid out and established as a public town way respectively asfbllows: Emerson Road begins at a point on the northwesterly side line of Adams Street, said point being in a curve of 793.27 feet radius, distant 120.00 feet from the southerly end; thence bearing to the left with a curve of 15.00 feet radius , distant 23.56 feet to a point of tangency, thence N 35° 11' 18" W distant 235.19 feet to a point of curvature, thence bearing to the left with a curve of 165 00 feet radius, distant 116.35 feet to a point of tangency, thence N 14° 24' 40" E, distant 70.00 feet to a point, thence bearing to the right with a curve of 235 00 feet radius, distant 165. 70 feet to a point of tangency, thence S 35° 11' 18" E, distant 202 53 feet to a point of curva- ture, thence bearing to the left with a curve of 60.00 feet radius, distant 83 21 feet to a point of reverse curvature on 0 412 z Cm: the northwesterly side line of Adams Street, thence bearing to the left with a curve of 793.27 feet radius., distant 131.4 .64 feet by said side line to the point of beginning, all as shown on a plan entitled, "Plan. of Emerson Road, Lexington Mass. Scale 1' = 1.4.0' , April 10, 1967, John J. Carroll, Town Engineer" . Said Emerson Road is hereby laid out and established as shown on a plan entitled "Plan of Emerson Road, Lexington, Mass. , Scale 1' = 40' April 10, 1967 John J. Carroll, Town Engineer" , which plan is on Elle in the Town Clerk' s Office in the Town Office Building and a copy of which will be re- corded with Middlesex South District Registry of Deeds with a copy of this order And said Board having considered the question of damages sustained by the owners of lands across and through which said ways have been laid out and established as aforesaid) hereby determines that no damages are sustained and no damages are awarded . /s/ Robert Cataldo Selectmen II Levi G. Burnell of I. H. Mabee Lexington Allan F. Kenney Mr. Gray said he received a letter from William R. Whalen in regard to complaints of residents of Benjamin Road. Mr. Whalen was present at the meeting Mr. Whalen said when construction of Route 2 began many months ago precautions were taken in regard to blasting in the area of Benjamin Road. In recent months precautions have been ignored and there is hardly a house within a dis- tance of 250 feet that has not been damaged by stones. The workmen gather the stones up so there is no evidence. He said there has been a substantial amount of damage to roofs and garage doors He said this is a dangerous situation and he was asking the Board to take some action because there is going to be other work done in the Town and undoubtedly there will be blasting. He said there should be something done to have a method of controlling this activity. The Chairman stated he was aware of thb situation and has been in contact with the Fire Chief, Superintendent of 43 Public Works . He stated that locally the Board has been aware of the situation, and the next thing is to get in touch with the State and see if it can' t do a little more in the enforcement end . Mr. Whalen retired at 8:00 F.M. Mr. Allen M. Flye and Mr. Clancy of Cabot, Cabot & Forbes , met with the Board . Mr. Flye submitted a plan and said investigations had been made "out in this area" and they found the height of the gas line going through there and the required clear- Cabot , ance of the transmission line restrict the parking. He Cabot & asked if the Board would consider reducing the area Forbes' seventy-five feet back so thh parking could be brought down to parking "this corner here" . Mr. Flye was referring to a subject discussed on May 1, 1967, at which time the Board held a hearing rela- tive to plans of the Hartwell-Lexington Trust to make avail- able for industrial development an area bounded by Hartwell Avenue, the Boston and Maine R .lroad and Hinchey Road . The Chairman said Mr. Flye was asking for a lesser area. Mr. Clancy, real estate representative, said the area in red on the plan is the area in which the Town would like an easement and Mr. Flye is king for less of an easement. He stated the company has a client interested in purchasing a parcel of ground, which he indicated on the plan, and said this deal was negotiated and the company came in for the privilege of filling it afterwards . He would like to take an area of seventy-five feet parallel to the brook and let that be the frontage. The Chairman asked if there would be any objection to the Board granting permission with each parcel. Mr. Clancy said the Department of Natural Resources might have some question. The Chairman said if that department had no objection to the whole parcel, it would have no objection to the Board granting permission in thirds . He said the Board was willing to grant an easement and grant it as they go along. Mr. Cataldo suggested granting it subject to Cabot, Cabot & Forbes granting an easement to the Town before any work is done and that the company also give the Board a letter of commitment. Mr. Higgins said the original hearing only covered up to the line shown on the plan, and anything in the future would require notice and hearing. The Chairman said if the Board gives permission now, based on athe original hearing, with a seventy-five foot easement , it did not have to have any more hearings . 44 C Mr. Higgins said he thought the Board would have to. Mr. Cataldo said the strip of 100 feet is all the Board is looking for, and he could not see any problem granting permission to do the whole area and granting the easement as they convey. Upon motion duly made and seconded , it was voted to amend the previous restrictions to a seventy-five foot easement, the length of the property within the outline in red on the plan; such easement to be conveyed to the Town at the time of passing papers to the clients with a letter of commitment from Cabot, Cabot & Forbes far the entire area at this time. Messrs. Flye and Clancy retired at 8:14 P .M. Mr. Gray reported receipt of a bill in the amount of $64.00 from William A. Balmy, architect for the Tbwn Barn'i Architect' s for testing laboratory services which he said was in order. bill Upon motion duly made and seconded, it was voted to approve the bill and authorize payment . Mr. Gray reported receipt of a bill in the amount Landscape of $1311.88 from Mason and Frey, landscape architects for architect ' s drawings according to the contract. bill Upon motion duly made and seconded, it was voted to approve the bill and authorize payment. Mr. Gray said he had a letter from the Board of Health Committee stating that Mr. McQuillan, Chairman of that Board, would serve on the Selectmen' s Air Pollution Study Committee. In the same letter Mr. McQuillan asked the Board to decide the status of Mr Finneran in regard to paying him his salary. The Board of Health has now paid him fill-time for three months. Mr. Finneran has made appli- cation for disability retirement pension to take effect June 15, and the Board of Health is paying a part-time Health Agent to do the work. He asked if the Board would be obligated tp pay Mr. Finneran' s salary until such time as t#e Retirement Board makes a decision on his application. Mr. Gray reported he had discussed this with Mr. Legro and Mr. Finneran is entitled to pay through his sick- leave, and disability has not been caused by his work. He said now that Mr . Finneran has made application for retire- ment, Mr McQuillan wants to hire a full-time Health Agent. Mr_ Legro advised that Mr. Finneran is still legally the Health Officer until the status of his retirement is deter- mined. Mr. Gray said no report has been received from Mr. Finneran' s doctor, and Mr. Perry is going to call his doctor. The Chairman asked Mr. Gray to prepare an answer to Mr. McQuillan' s letter. 45 Mr. Cataldo asked what the answer was in paying him. The Chairman replied that it is up to the Board -If Health to recommend an extension. Mr. Gray said Mr. Finneran' s time ran out a week ago and the Board of Health has not requested an extension, but he would discuss this with Mr. McQuillan Mr. Gray reported that the Public Equipment Corporation was low bidder on the furniture for the new Town Garage, and the specifications have been met . Upon motion duly made and seconded , it was voted Furniture to accept the low net bid of $3,512.91 submitted by the bid Public Equipment Corporation on furniture for the new Town Garage. Mr. Colella reported on bids taken April 21 on a two- yard front-end loader. He recommended that the bid be awarded to H. F. Davis, the low bidder for a Nelson loader Front-end at a net price of $14,277 62. loader Mr. Cataldo asked if the unit was gas or diesel and Mr. Colella replied , gas. He said the diesel engine has to be run between 800 and 1,000 hours before it begins to save any money on the fuel cost, and the machine is used 750 hours, He said the diesel machine is more expensive and they did not think the added expense was worthwhile at this time to buy a diesel. Mr Cataldo said the Town now has a Nelson and can never get parts for it. He said the diesel is nil in comparison with gas. He asked if this type of machine would be worked only fifteen hours a week. Mr Colella replied the Trojan Loader was in such bad condition it never left the barn. Mr. Cataldo said 750 hours is only fifteen hours a week. Mr. Colella said that is what the record shows They have had difficulty in getting parts for the Nelson loader only once. Mr . Cataldo said he would like to see the Town go #o diesel. Mr. Kenney said he was in favor of going along with the recommendation of the department Upon motion duly made and seconded , it was voted to accept the bid of $14,277 62 submitted by the H. F. Davis Company for a Nelson loader Mr Tryon, 100 Pleasant Street, met with the Board and said it was his understanding that the Board of Select- men had received a letter from the School Committee in which it stated it would remove the sidewalk from Watertown Street 46 2 to Worthen Road on Pleasant Street from the priority list and substitute another sidewalk for it. He asked the Board to adopt the same position as the School Committee and replace this sidewalk, as under ARticle 19, with another sidewalk. The Chairman read the letter from the School Committee and said the only thing Mr. Tryon was looking for tonight is a vote of the Selectmen which it said it would do if a letter was received from the School Committee requesting the same. Upon motion duly made and seconded, it was voted to remove the Pleasant Street sidewalk from the priority list and to replace it with Robinson Road. Mr.Higgins referred to easements discussed by the Board two weeks ago, in regard to the drain extended from Route 2 northerly along the property lines of houses on Drainage Pleasant Street. This drain was terminated at the corner easements of Boghosian' s and Mazza' s propertjr and it was Mr. Carroll' s proposal to extend it 100 feet further to the DiPietro property. Upon motion duly made and seconded, it was voted to make a taking of a twenty-foot drainage easement on the land of Mazza. Mr. Higgins referred to a drainage easement on Grassland Street in conjunction with selling a tax title lot in which the Town is going to reserve an easement in the existing tax title lot and the abutting property owner Drainage who will acquire the lot . easement Upon motion duly made and seconded, it was voted to reserve a drain easement on the Town-owned lots and to accept the grant of a drain easement on the lot owned by Peter and Mary Sowkow. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the follow- ing pole locations: Pole location Partridge Road, northeasterly from a point approximately 109 feet northeast of Turning Mill Road , -- Seventeen poles . Upon motion duly made and seconded , it was voted to grant the petition and sign the order for the follow- ing poles, hip guy and anchor location: Pole location Middleby Road, southeasterly from a pthint approximately 34 feet southeast of Lincoln Street, -- Sixteen poles, hip guy and anchor on lith and 6th poles. 47 Upon motion duly made and seconded, it was voted to grant the petition and sign the odder for the following Pole pole locations: location East Street, northerly side , westerly from a point approxi- mately 11 feet west of Emerson Road , -- Two poles (Two existing JO poles and one JO push brace to be removed . ) Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the follow- ing pole location: Pole Grove Street, southeasterly side, approximately 67 feet location southwest of Dewey Road , -- One pole. (One existing JO pole to be removed. ) Letter was received from the Humble Oil and Refin- ing Company requesting permission to run a cable through Humble the culvert that crosses Concord Avenue in connection Oil Co. with a proposal to install a Cathodic Protectioh System. cable Mr. Higgins explained the company wants to run a pipe through an existing drain pipe on Concord Avenue and he recommended that the request be granted . Upon motion duly made and seconded, it was voted to grant the requed;. Letter was received from the State Department of Public Works advising that the Commissioners have assigned subject to Legislative appropriation, under the provisions of Section 31.., Chapter 90 of the General Laws, the sum Chapter 90 of $1,500 for the maintenance of Chapter 90 roads in Lex- ington, on condition that at least $1,500 be contributed by the Town and $1,500 by the State. Letter was received from the State Department of Public 'Works advising that the Commissioners have assigned, subject to Legislative appropriation, under the provisions of Section 3b , Chapter 90 of the General Laws, the sum Chapter 90 of $26260 for the improvement of Massachusetts Avenue and Lowell Street in Lexington, on condition that at least $13, 100 shall be contributed by the Town and $13,D00 by the County. Letter received from the Mystic Valley Gas Company, requesting permission to locate a 2 inch high pressure Gas main gas main in Heritage Drive, was held over. cl Mr. Higgins informed the Board this is a private way and it is not within the jurisdiction of the Board to grant the request. The Planning Board' s letter with reference to water pollution and possible health hazard due to the contami- nation of Munroe Brook, was held over again. 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 with Mr. Colella relative to personnel, and dumping material at the Sanitary Land Fill area, it was voted to resume the open meeting. Mr. Colella reported on the problem at the Myrtle Street pumping Station and said some time between Thursday Pumping night and Friday morning, a pin which holds the check valve Station blew out and the water in the pumping station got into the flood dry well. The alarm was checked the day before, but it did not go off. All three pumps and motors were submerged under water. He said it took all day Friday to get in touch with the company to take care of the situation. The company was told at eight o'clock Friday night and worked all night. They took out the motors which have to be taken apart, cleaned and baked dry, put back together again and reinstated He said all the water was coming in from the north side of Lexington, plus the Town of Bedford. Mr. Colella said the Town had two pumps of its own, rented one and borrowed three from the Air Force and is pumping the sewage before it gets into the station and into a drain under Route 128, then goes down the brook toward Hartwell Avenue. He said he has been in tough with the Water Pollution Control Board at the State House and also with the State Department of Public Works who advised this could be continued provided the water is chlorinated. He said he was already using chlorine and would continue to do so. He explained until he gets the motors, there is nothing that can be done. Mr. Cataldo asked when the pumping station would be back in operation, and Mr. Collella replied if he gets the motors Thursday afternoon, the station will be in oper- ation Friday. Mr Colella said it was with deep regret that he was tendering his resignation as Assistant Superintendent of Public Works because he has accepted a position as Superintendent of Public Works for the Town of Burlington. He said rather than the customary two weeks, he has, in II view of the circumstances of Mr Carroll going to the Resignation hospital, told them he would need four weeks . The Chairman said he assumed Mr Colella meant June 9. The Chairman asked Mr. Gray to start advertising for an Assistant Superintendent of Public Works . The Chairman read a letter from the Conservation Commission relative to the acquisition of the Ernest B. Johnson, Jr. Land. Mr. Johnson has indicated he would like to give to the Town a parcel adjoining Baskin Field . Mr . Sussman, Chairman of the Conservation Commission, suggested that the Board, if it is interested, contact Johnson Mr. Johnson. land The Chairman said if the Board wants to accept the parcel, it would take a vote of Town Meeting. The Chairman asked Mr. Gray to check this out. The Chairman read a letter from the Board of Health suggesting the following persons as being interested in Persons Health matters of the Town: James Lambie, Town Meeting for Health Member, Boris Gertz, Caeser Briefer, David Nitzberg and Frank Davidoff. Letter was received from the Board of Fire Commissioners advising that William P Fitzgerald will represent the Com- Air Pollu missioners on a committee to make a study of any source of tion Conn air pollution in the Town, and how it can be corrected . Memo was received fromthe Chief of Police advising that Lieutenant James J. Lima, Jr. , would represent the Police Department . Letter was received from the Board of Health advising that Mr. R. L. McQuillan would represent that Board. Mr. Mabee said he would specifically exclude himself because this subject is related to his business. Mr. Cataldo suggested Mr Calvin W. Sing who is an engineer doing some air pollution work for the Federal government. Mr. Robert Kingston, who was present at the meeting, suggested Erna Green who submitted the original proposal. Mr. Kenney suggested beton Bennett and agreed to serve himself as the Board ' s representative. The Chairman asked the Board to give some more thought to the subject and be prepared to finalize the appointments next meeting The Chairman read a letter from the Town Clerk stating that she had received a letter of resignation from John F. Cogan, Jr. , as a Trustee of Public Trusts. Trustee of The Chairman reported that the Chairman of the Public Trustees had recommended Mr. Gaynor K. Rutherford as Trusts a replacement co 50 w_ V_ M♦ Upon motion duly made and seconded, it was voted to appoint Mr . Gaynor K. Rutherford a Trustee of Public Trusts for a term expiring with the Annual Election in March, 1968. Upon motion duly made ani seconded , it was voted Bond to approve Continuation Certificate extending Bond #632130 in the amount of $1,000 on behalf of the Execu- tive Clerk to the Board . Upon motion duly made and seconded , it was voted to certify the characters of Charles C. Johnson, 15 Cert. of Young Street , and Ralph J. Ffrssore, 176 Middleby Road , Inc. who have applied to the State for a Certificate of Incorporation. Upon motion duly made and seconded, it was voted License to renew Elaine Myers ' Auctioneer license. Notice was received from the Middlesex County Selectmen' s Selectmen' s Association relative to Ladies Night to Ass ' n.Meeting be held at Stow Acres Country Club on Wednesday, May 24, 19')7. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen' s Meeting held on May 8.i 1967. Mr. Kenney said he was talking to an Arlington Selectman about the problem regarding the study Of the Great Great Meadows. The Arlington Selectmen are concerned Meadows and Mr. Rae said some people have been doing some re- search on their own. They feel the technicality could be overcome. The Chairman said the article is in the warrant and Town Counsel is still. checking. Mr. Cataldo mentioned that Town Counsel also re- ported he had checked with Mr. MacKinnon, Director of Accounts, who agreed with him. He also talked with the Arlington Towey Counsel, who also agreed . The Chairman advised if Mr. MacKinnon of the Bureau of Accounts says no, it wouldbe difficult to overcome. He said if Mr. Kenney had the chapter and section, it could be forwarded to Town Counsel in case he missed it Mr. Mabee said Waltham is contesting the sale of some property to a private party in Waltham. They contend that under State Law, since one Town owns prpperty in another town, they should have first offer. He said this is what Town Counsel previously mentioned to the Board . 1 Mr Kenney said he would let Mr Purcell contact Mr Legro. The Chairman said Mr. Legro has already contacted Mr. Purcell. The Chairman read a letter from the Conservation Commission requesting the Board to purchase the property of Mr and Mrs. Pihl. He said Town. Meeting has voted money for the purchase of this property, but the Board has not voted to authorize Town Counsel to proceed. Upon motion duly made and seconded , it was voted to authorize Town Counsel to proceed with the acquisition of the Pihl property as authorized by vote of Town Meeting under Article 79 of the warrant for the Annual Town Meet- ing in March, 1967. Mr. Cataldo, with reference to fill being brought into Town by DeMatteo, reported that last Thursday morning a representative of the M. DeMatteo Construction Co. , the Superintendent of Public Works, Chairman of the Board of DeMatteo Health and he met win the Selectmen' s Room, and discussed fill the subject at great length. Mr DeMatteo came forward with a letter absolving the Town of all liability and also submitted a Certificate of Insurance He stated he would comply to all instructions from the Superintendent of Public Works, o± his designee, for the entire period of the Hartwell Avenue project . The Board of Health issued a permit to haul the material into Lexington for Hartwell Avenue only, at this time. He said he thought it best to start at Hartwell Avenue first. He said an analysis had also been made by soil experts of the material He said everything is ready to go as far as the Town of Lexington is concerned . He explained DeMatteo will go in with his own equipment and put a cover over it to bring it up to a cover that can be seeded Mr. Cataldo stated the route has been approved by Mr Carroll and will be Route 93, Route 128 and Routes 4 and 225 into the area. They will not use the streets of the Town as far as the Center of the Town is concerned . He said when the Board sees what it does in this area, a meet- ing would be held with the Boards and a report submitted to the Board, after which it could decide whether to go into other areas or not . The Chairman said he had received some calls because other cities and towns had rejected this . One was the Town of Wilmington and he contacted the Chairman of that Board who told him they did not want it because of the location it was being dumped, near the water supply. In Medford the objection was that the area was densely populated . He said the odor is similar to the odor at the seashore. Mr. Cataldo explained that the odor leaves as soon as the operation is completed . It is a salt water odor and will exist only as long as the operation, and it will be gone in two or three days. He explained the advantage to the Town and the money it will save is well worth a litle inconvenience. The Chairman said he did not know until yesterday that this fill was being used on Route 2 in Arlington, that he did not detect any odor. Mr. Kenney said the Arlington people are very well satisfied ; he had talked to them. Mr. Cataldo said the Bard would keep the people informed in the area in which it intends to dump the fill. 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 a duscussion regarding personnel, and the acquisition of land, it was voted to resume the open meeting. Upon motion duly made and seconded , it was voted to adjourn at 9 :55 P.M. A true record , Attest : 4;ive !Cler Selecn I