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HomeMy WebLinkAbout1967-04-24-BOS-min 1 r 111 SELECTMEN' S MEETING April 24, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, April 24, 1967, at 7 30 P M Chairman Cole, Messrs. Burnell, Cataldo, Mabee and Kenney were present Mr. Legro, Town Counsel, Mr Gray, Executive Assistant , Mr Carroll, Superintendent of Public Works , and Miss Murray, Executive Clerk, were also present At 7 30 P.M. , hearing was declared open upon notice of intention to lay out as a town way, Laconia Street from Lowell Street , a distance of 1150 feet , more or less, southerly and easterly. The Chairman stated this is not the usual place for a hearing on a street, but the Board felt that where there was only one street involved, it would hold it in alegal Selectmen' s Meeting He read the notice of intent , dated April 10, 1967, and said he believed all those involved had received a copy of the notice. He Laconia St asked for those who wished to be recorded in favor. heating Mr Salvatore Ferraguto, 145 Laconia Street, was recorded in favor and requested that a stret sign be erected so the Town Meeting Members can find it and see the condition for themselves Mr Thomas J. Passanisi, 135 Laconia Street, was recorded in favor and reported that Mr Sumner Perlman asked him to inform the Board that he is infavor. Mr. Mazzola said he owned a lot of land and wanted to build a house, is a taxpayer in Lexington, and was in favor Mr Douglas Maxner, 1?)1 Laconia Street, was recorded in favor Mr. George Morey, 49 Ridge Road , was recorded in favor. Mr Solomon Samourian, 120 Laconia Street , who said he has lived there since 1938, was recorded in favor. Mr. Edward Dempsey, 119 Laconia Street, was recorded in favor Mr Paul Rosa, 500 Lowell Street , and Mrs Rosa, were recorded in opposition Mr Rosa said it would cost him about $2,000 for a road he cannot use, and asked how this reappeared after it was turned down by Town Meeting The Chairman explained , at a Town Meeting, an article can go in the grant at the discretion of the �� ... e —. 2 ME CI Board of Selectmen or on petition of ten registered voters At a Special Town Meeting, an article can still go in at the discretion of the Board or on peti- tion of 100 registered voters, and 100 registered voters having petitioned , the article would go in Mr. Diran Semonian said he lived at the corner of Lowell and Laconia Street and he walked along the street to survey why he was opposed He registered opposition because it means a great cost to him personally There are about thirteen families involved and they are asking three families to pay 50% of the cost of the road . He said it would cost him approximately $4,400 which he cannot afford . He said if the Board could come up with a more equitable way to pay for this, then he would not oppose it Mrs. Semonian said it will be $30 a month for twenty years . Mrs Frederic'.. Spellenberg, 498 Lowell Street , was registered in opposition The Chairman said he would declare the hearing closed ; the Board had heard those in favor and those in opposition He said the article would go in the warrant because it has been petitioned for by 100 registered voters. He advised anyone who is a resident of the Town will be able to speak from the gallery if the Moderator gives his permission The group retired . 111 Mr Leonard Doppler met with the Board relative to the completion of Augustus Road , and stated nothing Augustus has been done in seven and a half months Road Mr Carroll said he understood Terrazzi is about to pave the section of the road in question and he knew the paving contractor was anxious to get going. He said Trimount would not have the equipment there unless they are going ahead. Mr Coscia has been in touch- with Terrazzi in an attempt to get certain things done, and as far as he knows, Mr Terrazzi knows what has to be done, and has agreed Mr. Ler stated the bonding company has a complete list of what has to be done. He reported he tried a number of times last week to reach the field supervisor for the bonding company and did not get an answer. He tried six or seven times this morning without result and he has a declaration to be filed . He said at 5 10 today he received a call from the field supervisor and told him of this meeting tonight and that maybe as a result of this meeting, there would be a direction to have some- thing done He agreed to call Mr. Legro tomorrow morning. The field supervisor was under the impression they are ready to start but were held up because of the weather 3 The Chairman asked if it was possible that tomorrow morning there would be a definite date when the work will start . Mr Legro said it is likely that an answer will come back from Mr McLaughlin to Mr Stimpson. He said he was prepared to move forward if it becomes necessary. Mr Doppler asked if this would have to go to court, and Mr. Legro replied in the affirmative and said it would have to be heard and all that would be gotten would be money to do the work He said he thought, with the Travelers, he could expect now that things are moving to get this accomplished properly and reasonably promptly Mr Legro said at 10:05 today, it was indicated to him that they were read to go but the weather was holding them up. He said since he has bean active on it since last fall, there really hasn' t been an opportunity to do much The Chairman explained the Town could not go in and do anything o n the street because it is actually owned by the abutters and it has no legal right He said he thought all indications are that the work will be started - shortly. Mr Carroll said in two weeks the road should be done, and he would not give them more than two weeks . The Chairman said after that time Mr . Legro can take the legal course that is available. • Mr Legro said he thought the Town should move a little faster than that, and he thought the Board should have in mind a period of a week or ten days depending on the weather. He said if the weather is good , they should move in there in three or four days . Mr Cataldo asked if Trimount would do the whole job, and Mr Carroll replied he thought so. The Chairman said everything has been done that can be and the declaration is ready to go . Mr Doppler suggested a week from Friday if the weather is good Mr Legro said it may be sooner than that Mr Doppler retired at 8:20 F M. Mr Gray said he received a letter from Temple Emunah requesting permission to hold its Annual Country Auction on Sunday, June 11, 1967, on the Temple parking lots, starting at 1:20 P M Auction The Board had no objection. Letter was received from Itek Corporation, dated April 18, 1967, stating the corporation is experiencing Itek sewag( a serious problem of inadequate sanitary sewage disposal. problem , i ae c/ C7 Mr Carroll said he was aware of the letter and he would like to emphasize that the Town is in real bad trouble in regard to the sewerage system in North Lex- ington at the present time The heavy rains have caused a great deal of infiltration into the system He mentioned that the Town of Bedford has cooperated He said every effort should be made now to reach this agree- ment with the Town of Bedford and proceed to construct the force mains and relief sewers . The next step is for the two Towns to meet with the Air Force and MDC to alert them of what has been done so far. He said most of the overflows are coming from individual houses . It was agreed that Mr. Carroll would discuss the matter with Mr. Burdick prior to a meeting to work out the details . The Chairman said he would advise Itek thatd;teps are being taken to alleviate this problem. Memo was received from Mr Perry, Comptroller, ad- vising that the Appropriation Committee has discussed the Board ' s request for a transfer of $1,000 from the Transfer Reserve Fund to the Highway Maintenance Account The Committee understands the unforeseen expenditure , but hopes that through careful management of funds, a saving in the amount requested may be possible in another area 111 If conditions warrant , and this transfer becomes neces- sary, the request will be reconsidered at that time. Mr. Carroll stated he could stay within the budget by doing $1,000 less paving He said he thought he should get the $1,000 whether now or later The Chairman said the Board would reiterate its request to the Appropriation Committee Letter was received from Mr. George P George, 7 Piper Road, requesting that repairs be made in front of houses #5 and #7 Piper Road where a water pipe was Complaint _ ocently replaced Mr. Carroll stated he had referred this to Mr Coscia to check out. Mr . Gray said he received a letter from Alford Peckham regarding the United Fund They want to put U. F. torch a torch symbol in front of Cary Hall on the flagpole . They Mould take care of the erection and maintenance and would like to have an electrical connection Mr. Carroll said there would be no problem. Upon motion duly made and seconded , it was voted to grant the request providing this is done under the direction of Mr Carroll. 5 Mr Gray said he had received a letter from Vernon Page relative to inserting an article in the warrant for the June Town Meeting in regard to the Dog Leash Law The Chairman said where this is a Special Meeting and the Board informed everyone else that it would require Article 100 signatures, and this Board agreed the June Town Meeting should be a Planning Board Meeting, it would be his feel- ing the Board should keep do her articles at a minimum. Mr Kenney stated Mr. Page called him last week and he told him to send a letter to the Board Mr. Cataldo said the law accepted was the one re- commended by the committee The Chairman said this does not seem to be the time to present the article to Town Meeting Mr. Gray said he received several requests from Eugene Sullivan, nephew of Harry Sullivan, who owns property on Volunteer Way, relative to damages involved in the cul-de-sac where the Town took some of his land . Sullivan Mr Gray said when the street was laid out there were damages no damages At that time, Mr Sullivan did not complain. His nephew wants the Town to reconsider its position in the awarding of damages He said he told him at the time no damages were awarded The Chairman said at the time, the Board felt there was sufficient frontage for a building lot. Mr. Cataldo asked if the time limit had expired and Mr Gray replied in the affirmative Upon motion duly made and seconded, it was voted to deny the requebt. Upon motion duly made and seconded , it was voted to grant permission to Earl E Outhet to move a house Permit from 30 Bonair Street, Lexington, to 185 Wood Street, Lexington, subject to the usual conditions Mr . Carroll referred to Mr Jellis' request in regard to Reed Street when he met with the Board last week. He said the street from Bedford Street to Center Street varies in width from twenty to twenty-three feet. The layout is fifty feet from Garfield Street and sixty feet from Garfield Street to Center Street . He re- ported to reconstruct the street and make it something more than twenty-one or twenty-two feet would be in the order of $48,000 to go from Bedford Street to Garfield Street and $4.5,000 to go from Garfield Street to Center Street . Mr. Carroll recommended that the Board consider only constructing the sidewalk and that would cost $20,000, which would answer most of Mr Jellis' questions Mr. Kenney asked if there would be any land takings , E) cc and Mr Carroll replied in the negative. Mr. Cataldo asked if this was an old county layout, and Mr. Carroll replied part of it was . Mr Cataldo said then this street was not built under the Betterment Act Mr. Carroll explained betterments are not assessed for reconstructing a street Mr.Kenney asked about the condition of the street . Mr. Carroll stated it is in reasonably good con- dition. The piece from Bedford Street to Garfield Street is not bad, but there is need for drainage The Chairman asked if it was possible that any part of the sidewalk on Reed Street could be done this year if money is available Mr. Carroll replied in the affirmative and said,however, the Board should be consistent . It should pick up the ones that have been rejected The School Department has never requested a sidewalk on Reed Street The Chairman said every major sidewalk has been done at the request of the School Committee and there are other areas in Town that do need and want sidewalks . Mr Carroll said that was true, but the Board should be sure the people want it, not just one individual. The Chairman asked Mr Carroll to give the Board the information for the record At 8: 0 P.M , hearing was declared open, pursuant to the provisions of Chapter 200 of the Acts of 1965, relative to plans of the Hartwell-Lexington Trust, c/o Cabot , Cabot & Forbes Co to dredge, fill or remove land to make avail- Hartwell- able for industrial development, an area bounded by Lexington Hartwell Avenue, the Boston and Maine Railroad and Hinchey Trust Road , Lexington, Massachusetts. Mr. Allen Flye, Trustee , of Hartwell-Lexington Trust, and Mr Hutchinson, Cabot, Cabot & Forbes , met with the Board. Mr Flye explained, by use of a plan, what is proposed. Mr Cataldo asked if this was all they planned for this area and Mr Flye replied in the affirmative. TheChairman asked if Mr Carroll saw any potential problems because of this. Mr Carroll replied it will increase the runoff in the area, but he did think for every piece of land de- veloped up there, it will increase the runoff to the brooks in the area and he thought the Town has to make some sort of judgment . He said eventually there will probably have to be a drainage system through the whole area. He said this certainly will not create a major problem of itself. Mr. Carroll said his personal opinion is that it will 7 be all rthght, beat he recognized the fact there will be in- creased runoff to the area. He said the Town has zoned the land to be developed this way and as far as he was concerned, there will be no major problem. Mr Cataldo asked if the entire area would be paved, and Mr. Flye replied only the area they would have sold as they go along. They have a client for one portion of it, Jive acres, which will leave twelve acres remaining which may be divided. Mr. Hutchinson said there was nothing he could add other than whit Mr Flye had said They will be going before the Board of Appeals on a five-acre parcel of land The Chairman declared the hearing closed at 8:4+5 P.M. Messrs . Flye and Hutchinson retired . Mr. Cataldo said theTown should have some land en that side of the brook; a drainage easement 100 feet wide Mr Carroll was instructed to contact Mr Flye and Mr Gray was instructed to contact the Department of Public Works and Department of Natural Resources to find out why they were not represented at the hearing 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 Following discussion with Mr . Carroll, pertaining Executive to his department, discussion with Mr Legro on a legal Session matter, and the acquisition ( - a parcel of land with Mr Gray, it was voted to resume the open meeting. Messrs. Rae, Garrity and Sparrow, Great Meadows Committee, met with the Board The Chairman said the Town of Arlington passed an article for $10,000 which was contingent on Lexington' s Town Meeting passing an article for the same purpose. He said Lexington' s Town Counsel is having difficulty Great in the study for use of land owned by someone else Meadows Mr Rae asked if he meant the Town cannot legally spend money on someone else' s property. The Chairman said this is it Mr. Rae said this was not discussed at the joint meeting, and the Chairman said , no, it was not At that time, the question of zoning was brought up and resolved as it served no purpose; they own the land which is in Lexington It is zoned for R-1 and Lexington is not about to change the zoning. He stated this started with him and Joseph Greeley walking the Great Meadows to see if something could be done for the benefit of Arlington and Lexington CO ZEG Mr Sparrow asked if there was any recommendation 111made Lexington would go along with Arlington. The Chairman replied it was not specifically made, but there is good reason to interpret it that way. Mr. Rae asked if the Board was in favor The Chairman said his own personal feeling is he would like to have a study made He would like some legal way to do it. He said Town Counsel is having difficulty with it. The warrant closes next Monday night so the Board would have to move quickly Mr Rae asked if this does not go in the warrant would it rest as it has in the past . The Chairman replied he did not want it to rest. Mr Rae said he thought the article in the Arlington warrant for the golf course committee was turned down. He said there was no opposition to the appropriation for $10,000. He said his group feels professional services are needed here from now on It will give the background of the land and its uses and the Town will get advice on the best use of the land . Mr. Mabee asked if the vote was contingent on the zoning or the $10,000. Mr. Rae replied it was contingent on the $10,000; Lexington does not have the money and there is none available. He said he thought Arlington expects this in the June Town Meeting. The Chairman said he would have to get a definite statement from Town Counsel whether it is legal to do this Mr Rae said if Town Meeting turns it down, at least the Board has acted on it and lived up to its part of the bargain He asked if there was anything his committee was supposed to do. The Chairman said he did not know that there was much it could do. Mr Sparrow asked if the Board would have an answer in time for the warrant The Chairman said he thought by next Monday night this Board would have to vote to insert or not insert an article. He said he thought the Board could move to put an article in the warrant and work on the basis it is legal until it is advised it is not legal. If advised it is not legal, the article could be postponed . Upon motion duly made and seconded, it was voted to insert an article in the warrant for the June 12, 1967 Town Meeting requesting an appropriation of $10,000 fora a study of the Great Meadows The committee retired at 9:30 PM I Mr Fred Tucker, 66 Blake Road , met with the Board and related in detail conditions existing in regard to Blake Road the construction of a sewer now in progress sewer The Chairman said the Board would discuss the sub- ject with Mr. Carroll and let Mr Tucker know of its decision. Mr Tucker retired at 9 45 P.M Messrs. Brown, Conroy, DeFlice and Arthur Douglass met with the Board Mr Brown said the group met with the Planning Board and is proposing a zoning change for the approxi- mately eleven acres on Worthen Road between the First National Store and Grace Chapel to office use with the Zoning exception of one small parcel which would be occupied by Douglass Funeral Home The Planning Board a week ago advised the group that it was neither for nor against and would not initiate an article in the warrant . Mr. Brown said he had submitted 230 signatures asking for a special hearing. . He submitted the saw number of signa- tures to the Board requesting that an article be inserted in the warrant for the June Town Meeting Mr Cataldo asked what the schedulewauld be if this prevailed . Mr Brown replied , speaking for himself, he would start the following spring. Mr Cataldo asked if this was on the whole package Mr Brown said there would be three buildings under way next spring out of a total of seven, not counting Mr Douglass He said there is a very good possibility it would all be in in two years Mr. Cataldo asked if they were proposing the roads would be accepted streets. Mr Brown replied in the affirmative Mr. Cataldo asked if they would maintain the fee in the islands and maintain them Mr Brown said this would be up to the Town; they dontt have any feeling for keeping it The Chairman asked if they would give the Town a completed street. Mr. Cataldo asked if it would be landscaped or given to the Town as it is . Mr Conroy said as it is , he supposed ; the streets would be completed . The Chairman said the Board would process the signa- tures and put the article in the warrant providing there are sufficient legal signatures The group retired at 10:00 P.M. Messrs. Legro and Carroll returned to the meeting. I 10 Letter was received from the Board of Health rela- tive to having a town law enacted prohibiting the burning of outdoor rubbish, garbage and leaves as control of the Article Air Pollution The Board of Health suggested a confer- ence with the Chiefs of the Fire and Police Departments, the Board of Selectmen and Board of Health It also suggested that Town Counsel write such a law for an article in the June warrant . Mr Legro suggested either having the meeting as suggested or that he write to them and find out what laws they have referred to. He said this is a much bigger problem than burning leaves and there might be a solution much broader than this. The Chairman asked Mr . Gray, in the next couple of days, to get as much information together as he could and give it to Mr Legro The Chairman said the Board had voted to insert an article in the Town Meeting to appropriate $10,000 to match Arlington for the land use and land study and Article stated it was on the basis if it were legal. He said the Board would like to do it and if it is illegal, the article could be postponed . Mr. Legro said he thought it was too early to give any helpful answer Mr Cataldo said it would be better if the Board found out before the article is inserted . Letter, dated April 14, 1967, was received from Whitman & Howard in regard to the water problem at Chu water 18 Oakmount Circle. Mr Carroll suggested giving Mrs . Chu a summary of the report and telling her what is being planned . Messrs . Conroy, Michelson, Rooney and York met with the Board . The Chairman read a letter from the Lexington Chamber of Commerce requesting that an article be in- serted in the warrant for the June Town Meeting to pave the unpaved portion of the Meriam Street parking lot. Article Mr Rooney, President of the Chamber of Commerce, said it seems the Harvard Trust owns the property next to Trani ' s and this area is being filled up . He said there is a need for all-day parking. Mr Michelson said the lot now paved is 100% used every day of the week except Wednesdays The Chairman explained that ultimately the plans are to pave it and get a connection through to Grant Street . However,there were no plans for this year and he said he could not see the Appropriation Com- mittee going along with this . Mr. Cataldo explained the main raason was not the money. It was to see how the Center was going to develop He said there are two or three schemes to be adopted and at that time, the Board can see where it is going Mr York said they would like it as far as Craft Cleaners. Mr Burnell asked how much money was involved Mr Carroll replied there were three or four possibilities at one time and it got up over $100,000 Mr. Burnell said that rules out anything being done at the June Town Meeting. The Chairman stated when the Board set up the June Meeting it agreed that it would be for Planning Board articles except for those of an emergency nature or citizens' articles as they came in. He said the Board has denied articles that have been requested by indi- viduals , and it might be criticized by not planning something such as this in the regular March meeting Mr Cataldo asked how many parking spaces were being discussed . Mr Michelson said there might be another hundred Mr. Cataldo asked if he thought this would make a difference. Mr. Michelson said it would help. Mr Cataldo asked why he was in favor of taking 100 spaces out of the Center Mr Michelson said the shopping center will open in Burlington in 1968 and additional parking spaces here would help the Center The Chairman said the Board would take it under advisement, but it could not promise anything. Mr Mabee said he thought the right time for this to come up is the Annual Town Meeting. The group retired at 10 35 P.M Memo was received from Mr Perry, Comptroller, ad- vising that the Appropriation Committee has discussed the Board ' s request for a transfer of $445.33 from the Reserve Fund to the Police Expenses budget The com- Transfer mittee understands the unforeseen expenditure was not in the budget estimate , but it is hopeful that through careful management of funds, a saving of the amount requested may be possible However, if conditions warrant , and this transfer becomes necessary, the re- quest will be reconsidered at that time The Chairman said the Board would reiterate its request for a transfer co 12 Upon motion duly made and seconded, it was voted License to grant a Common Victualler license to Brigham' s, Inc , 1777 Massachusetts Avenue. Upon motion duly made and seconded, it was voted I.D. Card to authorize the Chairman to sign a Liquor Purchase Identification card for Paul G. Cunningham, 133 Bedford Street , Lexington Letter was received from the Lexington Chamber of April 19 Commerce asking the Board to take whatever action is holiday necessary to clarify the status of the Sunday closing law as it applies to the 19th of April holiday. Mr. Legro said the Chief of Police is more familiar with the Sunday law Mr. Gray said he understood the Sunday law does not apply to April 19 and the Chairman asked Mr. Gray to check this out The Chairman read a letter from the Board of Health requesting permission to hire a girl for the first week Clerical in May to assist in the clerical work involved with three help different clinics scheduled for May. Upon motion duly made and seconded, it was voted to grant the request, and the Chairman asked Mr Gray to take care of this . Upon motion duly made and seconded , it was voted Laconia St. to s`_gn an Order for the layout of as a town way the way known as Laconia Street from Lowell Street a dis- tance of 1150 feet , more or less , southerly and easterly. Upon motion duly made and seconded , it was voted ' Minutes to approve the minutes of the Selectmen' s Meeting held April 17, 1967 The Chairman read a letter from Mr . Donald K . Irwin, Building Inspector, in regard to his investigation of a complaint relative to the use of property at 556 Cambridge- Complaint Concord Highway. Three pictures taken of the premises were attached The Chairman asked Mr Gray to talk to Mr Irwin to see if he could get the owner of the property to clean it up, and said he would write to Mr. DiNitto, 9 Shade Street , who made the complaint . The Chairman read a letter from David T . W. Minot, 22 Eliot Road , and Stephen B. Mabee , 25 Highland Avenue, asking permission for the use of a public parking facility 13 If preferably the lot at the Diamond Junior High School to be used for "Go-Karts" . Use of The Chairman said inasmuch as the school property school is not under the jurisdiction of the Board , pemmission parking lot by the Board could not be granted . Mr. Gray said he received a requett from the Knights of Columbus for permission to conduct a carnival on the Carnival organizationts property, Bedford Street, on May 15, 1967. Mr. Legro advised this would have to go before the Board of Appeals He said he did not think it was under the jurisdiction of the Board of Selectmen unless there is some license for a carnival He said his offhand opinion is a carnival is not a permitted use for the land . Mr Carroll said for the record , he was submitting his resignation tonight as Superintendent of Public Resig- Works and Town Engineer nation The Chairman said the Board accepted it with very deep regret. Upon motion duly made and seconded , it was voted to go into Executive Session for the purpose of dis- Executive cussing, deliberating or voting on matters , which, if Session made public, might adversely affect the public security, the financial interest of the Town or the reputation of any person. Following discussion with Town Counsel and Mr. Carroll in regard to land taligs, it was voted to resume the open meeting. Upon motion duly made and seconded , it was voted to sign Orders for the construction of Lake Street, from Massachusetts Avenue to Columbus Street; Philip Road from FoBen Hill Estates to Minute Man Highlands Street Orders Upon motion duly made and seconded, it was voted to sign an Order for the alteration and relocation of Blossomcrest Road from Allen Street a distance of n3 feet, more or less, westerly Messrs. Greeley, Worrell, Lund , Mrs . Riffin and Mr Zaleski, met with the Board . Mr Greeley said they have a great many articles for the June 12, 1967 Special Town Meeting One is the requirement for parking in the C-2 zone except in the immediate Center Articles He said the Planning Board proposes to amend to 14 allow funeral homes in the R-1 zone It also proposes to come in with an amendment to put C-S zone in the back part of the Maney - K of C property; the first 200 feet remaining in C-1. The Board is going to try and define junk yards better. Mr. Greeley said the Board wants to come in again for the Emerson Road-Lidberg property It is coming in for both the layout and construction He asked that the Board give notice of intention to lay out Emerson Road Upon motion duly made and seconded , it was voted to give notice of intention to the property owners involved to lay out and construct Emerson Road as recommended by the Planning Board . Mr Greeley said the Board would submit its articles to Mr Legro this week Upon motion duly made and seconded , it was voted to adjourn at 11 14.5 P.M A true record , Attest: xecutive✓Clerk, Selemen I ‘1)‘w, tf