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HomeMy WebLinkAbout1967-01-30-BOS-min 452co SELECTMEN'S MEETING January 30, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, January 30, 1967, at 7:30 P.M. Chairman Cole, Messrs. Sheldon and Cataldo were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Execu- tive Clerk, were also present. At the request of Miss McDonough, Town Clerk, three jurors were drawn. Those drawn for jury duty were Jurors Lloyd S Beckett, Jr , 112 Burlington Street; Arthur Bergstrom, 8 Kimball Road; B. Frank Herr, 38 Eastern Avenue. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for location of one pole on Bedford Pole Street location Notices of the hearing were mailed to the peti- tioners, owners of property as listed on the petitioners' plans and also filed with the Superintendent of Public Works . Mr. Pratt, representing the Boston Edison Company, was the only person present at the hearing. He stated this is an existing pole and the ownership is being transferred to both the Boston Edison and the New England Telephone Company. Mr. Dunn, representing the telephone company, called the office and stated this is just a transfer of paper work and it is an existing pole. No one wishing to speak in favor or in opposition, the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the following JO pole• Bedford Street, northeasterly side, approximately 312 feet northwest of Harrington Road; (One pole. ) 45 Mr.. Legro stated he had a bill of sale of seven poles to the Boston Edison Company on the Diamond Junior High School land, authorized some time ago by Town Meeting. Sale of He explained the instrument was not in satisfactory form Edison pole when submitted by the Boston Edison Company. He said the form he submitted has been received today approved by the Boston Edison Company He said this is a sale of poles for $529 in which the Town reserves the permission to use the poles for fire alarm wires. Upon motion duly made and seconded, it was voted to execute the instrument as presented by Mr. Legro. (All copies were taken by Mr. Legro) . Mr. Gray stated he received a letter from Alfred Buse requesting the Board to approve lowering of the bond on Circle Road He reported Mr. Carroll has Circle Rd. estimated the value of the work to be done to be $1,000 bond and recommended that the bond be reduced to $1,000. Upon motion duly made and seconded, it was voted to grant Mr. Busa' s request and approve lowering the bond to $1,000. With reference to the insurance commissions for 1966, Mr. Gray said the final policy of 1966 was paid the premiums and the commissions can now be paid. He said there was a change and one Selectman mentioned Insurance an insurance agency at Countryside He reported he commissions checked on this and found the agency was opened in September of 1966 and the agency is eligible. Upon motion duly made and seconded, it was voted "to approve full shares to the existing agents on the list and one-third to the new Agent." Mr. Gray said the Traffic Study Committee recom- mends to the Board of Selectmen that the Board request the State to approve the Stop signs at the corner of Worthen Road and Massachusetts Avenue as they are pre- sently erected. Stop signs The Chairman asked if the Committee felt there is public acceptance of this now. Mr. Gray replied complaints were received from people who are not happy about it. The State will study it if the Board submits to the State a complete report P on this intersection with request, substantiated by accident rate, traffic columes, etc. He said the opinion of the committee is unanimous and it feels the State should study this. 454at C'3 Mr. Carroll said he thought the State recommended, on a preliminary investigation, that the signs be placed as they are now. If the State DPW gets involved, the Town will find out soon enough whether or not this is the right way to put these signs. Mr. Sheldon said the important action is to have the State make a study. Mr. Carroll said he would ask the State to accept the signs as they are now. He explained if the State says it will not accept the signs as they now are, they will automatically go back to what they were before. He said only one accident has occurred here as the signs now are. Before the signs were changed, there were six or seven over a period of two years. Mr. Cataldo asked when the study would be completed, and Mr. Carroll replied in about two months. Upon motion duly made and seconded, it was voted to leave the signs in the present location, and to request the State to have them approved or disapproved. Mr. Carroll referred to Chapter 679 of the Acts of 1965 and said the Town received $51,000. He said there has already been assigned, through Town Meeting, all but Chap. 679 $17,550.00, to Massachusetts Avenue and he has asked the funds for State if this could be applied to the reconstruction of Blossom St . Blossom Street, the cost of which was estimated in his budget to be $20,000. He said he was recommending that the Town apply for the remainder of this money. Upon motion duly made and seconded, it was voted to authorize Mr. Carroll to make application to the Department of Public Works for permission to apply the remaining balance to be used for the reconstruction of B.&ssom Street. Mr. Carroll referred to the aerial bucket in his Road Machinery budget. Mr. Sheldon said he understood if Mr. Carroll wanted the bucket he felt in order to dispose of the extra tree Aerial limbs he would need the chipper. bucket Mr. Carroll stated that is a matter of opinion. He said if the Board approves the bucket, he would suggest that it forego one of the tractors in the budget. Mr. Sheldon said Mr. Carroll wants the bucket and he gathered he was not over enthusiastic about the chipper. Mr. Carroll said he felt he could get the bucket this year and get the chipper next year. He said Mr. Mazerall feels he needs the bucket and Mr. Carroll agreed with him, that he does need it. He said if the issue of the chipper 455 is important, he would rather forego the purchase of the tractor he was going to buy for the Park Department, get the chipper and the bucket. Mr. Cataldo said he discussed this with Mr. Mazerall who agreed the only area he could stand on with the argu- ment he gave, was that it was safer, and even with this, whoever is working in that bucket will have to know what he is doing working around the wires. He said he could mot see this as a piece of equipment that will save the time everyone is talking about saving. He said if Mr. Mazerall was serious about the two tractors, he was serious and how does the Board take them out. He said he was not about to tell him what equipment to buy or how to run his department, but this is not the piece of equipment to buy to save time and get more work done. He said there are places in which to put the same amount of money and save more time. Mr. Carroll said Mr. Mazerall showed him trees around town that need pruning and he had not been able to get to them because of the present methods. Mr. Mazerall feels he will be able to get to these trees that have badly decayed limbs. Mr. Mazerall cannot get men willing to go between the wires any more. Mr. Cataldo said to think of the tree cutting being done now. This piece of equipment would be used half an hour for two weeks on the type of work being done now. He said his position is that there are many things that can be purchased to save time. Mr. Sheldon asked how much the chipper would cost, and Mr. Carroll replied $4,000. Mr. Cataldo asked how much it would cost to keep the truck another year, and Mr. Carroll replied it needs a new motor. The Chairman suggested that a copy of the data sub- mitted by Mr. Carroll be sent to Mr. Burnell and Mr. Mabee and to hold this over for next week. Mr. Donald Wilson, 32 Fern Street, and Mr. Allen Wilson, met with the Board. Mr. Donald Wilson acted as spokesman and said they have some property at 556 Massachusetts Avenue in a single-family zone. The area is two-family zone from Arlington Heights to Maple Street with the exception of about 1,000 feet, and somehow this 1,000 feet is single-family zone. They want to take the house down because it is beyond repair and put Wilson re up a Colonial Brick-front entrance so that it looks like re-zoning a single family house, but it will be a two-family house. He stated they asked the Board of Appeals for this and felt they should be able to do it. That Board sent him a 456 N letter that the zone be changed from R-1 to R-2 and he asked if this could be done at the June Town Meeting. The Chairman advised Mr. Wilson that he should discuss this with the Planning Board and it could put in the article for him. If the Planning Board refuses, he could insert citizens' article which would require 100 signatures. Mr. Cataldo said the Selectmen said they would talk to the Planning Board themselves. Mr. Sheldon said he thought the proper redress is for Mr. Wilson to go to the Planning Board and the Select- men should express their feelings when all members of the Board are present. Mr. Wilson referred to the stand on Pleasant Street and said they feel they are too close to the street and should move back another thirty-five feet. He asked if Pleasant Street is widened in the future, what the proper widening would be. Mr. Carroll said he did not know the present width, but thought it was fifty feet, and the travelled way is Pleasant probably thirty feet. Street Mr. Wilson said once they move back they will be widening back sixty-five feet and asked if in the future, they would lose ten or twenty feet. The Chairman said he thought it would be presumptuous of this Board to say what a future Board is going to recommend and it would be purely a guess. Mr. Carroll said he thought the maximum layout would be seventy feet and more likely fifty feet. The Chairman said all the Board could tell Mr. Wilson at this time is there are no immediate plans. Mr. Cataldo suggested there may be some merit in Mr. Wilson discussing this with the Planning Board the same time he talks about rezoning. The Wilsons retired at 8: 15 P.M The Chairman read a letter from the Planning Board agreeing to withdraw the zoning re-codification article at this time, it being understood that this will be inserted in the warrant for the next town meeting following the June, 1967 Special Town Meeting. Mr. Cataldo suggested that the Selectmen make it clear to the Planning Board that there will be no fall Town Meet- ing except for some unforeseen emergency. 457 Letter was received from Mrs. Rich, Collector of Taxes, pertaining to partial release of betterments on properties taken by the State and owned by Sheldon R and Selma L. Roen and Philip L. & Ruth Gordon. Partial re- Mr. Legro reported he had written to the attorney lease of for one party and to the other party and to the Board of betterments Assessors for information the Selectmen should have to make a determination. Memo, dated January 26, 1967, was received from Alexander Zaleski with reference to Augustus Road. Mr. Legro reported he had been in touch with the bonding company and there are signs of progress so he is hopeful that without being forced to take legal action, Augustus this can be constructed as soon as weather permits Road A Mr. Cronin, present at the hearing, said it was the junction between the paved road and the unpaved road. He asked if it could be done in Ma*ch Mr. Carroll replied they could not finish that until May. He said he would speak to the contractor. Mr. Cronin asked how long legal action would take. Mr. Legro replied it is very difficult to tell and his guess is it would take between six months and a year and if the bonding company' s hand can be forced and get someone in there to do the work, it will be much better. He said he did not think he could get this heard and determined before the summer recess The Chairman said Mr. Carroll would check to see if anything can be done on a temporary basis. Letter was received from the Bedford Selectmen inviting the Board to attend their meeting in Bedford on Wednesday, February 1, at 8 00 P M to discuss the Bedford sewer contract. sewer The Chairman said he would be unable to attend due to a previous commitment and he thought it would be im- possible to get a majority of Lexington' s board for Wednesday. Mr. Cataldo said he did not think Lexington should have to go to Bedford, and this should be discussed at a Lexington' s Selectmen meeting. It was agreed to invite the Bedford Selectmen to meet with the Board next Monday evening Letter was received from Robert A. Rissling, 230 Follen Road, relative to damage caused by what he claimed to be a blockage in the Fallen Road sewer. 458 ac Claim - Mr. Carroll said he has given a report to Mr. Follen Rd. Legro. sewer The Chairman asked to have a copy of Mr. Rissling' s letter sent to Mr. Legro. The Chairman read a letter from Evert N. Fowle, 12 Winthrop Road, suggesting construction of a sidewalk along the side yard of Vine Brook of the premises of Vine Brook 11 Winthrop Road, and an improving of the existing side- Road side- walk along the rest of Vine Brook Road. walk Mr. Carroll said the suggestion had merit, but at the same time, it might be wise to look at the other corner of the street because the hedge that is a sight problem is twenty feet out onto the Town way He said it could cost between $750 and $1,000 to construct 250 feet, but he thought the whole street should be analyzed It was agreed to advise Mr Fowle that Mr. Carroll will analyze the entire street, and following his investi- gation and report, the Board would arrive at a decision and so advise him. Upon motion duly made and seconded, it was voted to Pole & grant the petitions and sign orders for the following conduit pole locations: locations Woburn Street, southerly side, approximately 8 feet west of Lowell Street, -- One pole. Brigham Road, northwesterly f um Hancock Street, a distance of about 1,505 feet, - conduit. Letter from David W. Ryder, 10 Parker Street, relative Traffic to traffic at the intersectionMassachusettsAvenue of and Worthen Road, was referred to the Traffic Study Committee. Notice was received from the State Department of Public Works, relative to a hearing to be held on March 9, Kiln Brook 1967, at 10:30 A.M , 100 Nashua Street, on the construction program in waterways areas. Mr. Carroll said he thought he should attend and that the Town should go ahead at this time and complain about the Kiln Brook. At 8:35 P.M. , the Cemetery Commissioners met with the Board to discuss their 1967 budget. Messrs. Sherman, Graham, Grant and Mrs. Healy were present The Chairman asked if the backhoe requested would eliminate the need for two new labor equipment operators. 459 Mr. Sherman said they would prefer immediately to Cemetery receive the backhoe. However, they do need more space budget and are beginning a program to develop the cemetery Mr. Cataldo asked what type of work they are doing, and Mr. Sherman replied filling in, more cutting, stump pulling and operating the cemetery for people when they die. He said they would be doing cthls work all year 'round. Mr. Cataldo asked if he thought this was the way to do it rather than to go in with heavy equipment. Mr. Sherman replied most of the heavy equipment work has been done He said they do not need any bull- dozing and he was talking about grading, seeding, filling and raking Mr. Cataldo said the Board knew this equipment would free up a large number of man hours and with this piece of equipment it would free up the equivalent of two men. Mr. Sherman said a survey he made showed this is the only cemetery in the State that does not have such a machine. Mr. Cataldo said there is no objection to the backhoe, and the only reason the department does not have a backhoe is the 6emetery Commissioners did not want it. Mr. Sherman said if the Board would approve the backhoe, the Commissioners may be able to agree to one man, but he felt they do need the other man. He said he wanted the Cemetery men to maintain the cemetery with- out calling upon the Park Department . Mr. Sheldon asked if the extra man would reduce the overtime . Mr. Sherman said that has nothing to do with the overtime Mr. Cataldo said there is no question about the backhoe, but it should affect the other -articles in the budget . The Chairman said the Board has never approved the summer health program. Mr. Sherman said the Commissioners know they must develop and begin to develop immediately if the cemetery is to be maintained. The Chairman asked, based on past experience, how much land they have there now. Mrs. Healy said there are forty-three acres but only fifteen acres are developed, and of the fifteen 4160 N acres , the lots are not laid out. She stated there are lots available for the next five years. Mr. Cataldo said the Commissioners should come back when they find out what they are going to do. He said there is no question but that the backhoe should be pur- chased, but he did question the two additional men at this time Mr. Sherman asked for one man for this year. Action by the Board was deferred until Monday night. The Cemetery Commissioners retired at 9 03 P.M. Mr. Leslie York, President, and other members of the Town Meeting Members Association, met with the Board. Mr York stated they had just met with the School Committee and asked if it would reconsider putting the article for kindergartens in a separate article from Article 4. He said his group had been contacted, not in its regular meeting. He said they have not had an official meeting but polled the people by telephone and talked to eighteen members at this point. Of the eighteen there are thirteen who would favor coming back and asking that consideration be given again to putting in a separate article for the Town Meeting to vote on as far as the kindergarten situation is concenned He said they are in no position, or do not infer they are in favor or not in favor of kindergartens. He said their position is they would like to maintain the same procedure as they have in the past when it comes to an article of this magnitude. Mr. Sheldon asked what the School Committee said, and Mr. York replied tonight was not one of the Com- mittee' s posted meetings. There were only four of the five present and could not give an answer. He said he Left them with the fact he understood the warrant will be signed a week from tonight, and he said he thought that was what would happen, and asked if the committee did have an official meeting that it consider this . He said his feeling was the School Committee would continue its policy. He is approaching the Selectmen on the basis that if he did come to the Board in this there might be reconsideration on the Board' s part. He said they would like to see the opportunity given to the Town Meeting members to vote on a spparate article. The Chairman said he assumed the group was aware of the fact the Selectmen made the original request for 461 a separate article. Mr. York said he felt it was courtesy to give them one more opportunity He said he felt an amendment to Article 4 is a negative approach to this problem. A Mr. Whitman said he was not polled and he knew of no record of this vote of thirteen to five A Mr. Gallagher said he was not polled. Mr. Butters said he believed he knew of six people who were not polled. Mr. Gallagher said he felt his committee should have discussed this and had a vote and had a chance to discuss the pros and cons on this He said it depends on who calls up and how it is presented and it is his feeling that the committee is not in a position to make any defi- nite recommendation at this time. He said he found there are many who agree with him. Mrs. Morey said it was her feeling, from the meeting at Mrs. Flynn' s house the other night, everyone was very much concerned. She was asked if she was in favor of doing this and by showing up she thought she was indicating she was in favor. The Chairman said he received a group of signatures requesting the Board to have a separate article, and if this is a citizens' article, it is out of order because the warrant is closed. Mr. Tryon said it seemed to him the real issue is whether the Town Meeting is going to have a democratic process or not. He said it seemed to him a separate article is a neceaity if a democratic process is to be preserved The Chairman said the School Committee could put in whatever it wants in the educational program and that being understood if a separate article were in, there would still be Article 4 with everything in it the Committee wanted. Mr. Cataldo said the Selectmen were of the position they have the right to split the School Committee' s budget. He said the Selectmen were not reducing it, and with a separate article all the Board would be doing is separating the items and not reducing the budget. He said the Board would take the Committee' s figures in Article 4 and put them in a separate article. That would not be voting them twice. The Chairman said the Personal Services could not be ' taken out 462 NJ rn Mr. Cataldo said according to Town Counsel, the Selectmen have every right to do this using the Committee' s figures in its budget. Mrs. Morey said kindergartens would be divided under Personal Services, Expenses and other places. Mr. Cataldo said each amendment will have to be amended down. He explained the Selectmen are not reducing the budget, but Town Meeting has the right to reduce it. Mr. Brown asked if the dollars amount for kindergartens was separated by amendment and turned down, couldn' t the School Committee implement the kindergartens within the budget that remains. He said all that is being done is the members are not having an opportunity to vote kinder- gartens per se. Mr. Cataldo said if the Town Meeting voted kinder- gartens down and the School Committee had kindergartens, there is definitely something wrong. Mrs. Morey said the figures in the Appropriation Com- mittee report will be the figures the Selectmen and Appropri- ation Committee arrive at, that is the way it has always been done. The Chairman said, as he understood it, the School Committee has every right to expect the figures it presents will be presented. Mr. Legro said it does not stand as a matter of right that the School Committee will have its figures presented g by anyone else. It will be present to see that its figures are presented to the meeting. Mr. Cataldo said the Appropriation ro riation Committee has the right to reduce the figures and a separate article is not reducing the budget, if is separating the budget. Mr. Legro said he did not think the Board would find any decisions relating to kindergartens; whether the School Committee has the right to use other funds for kindergartens. He said it is his opinion the Committee could use the total budget and apply a portion of it for kindergartens if it so chose. He said the Board is dealing largely here with a question on which the Courts have not spoken, and the Board may find a variety of opinions on the subject and the Best' it' sati eit-isaailbpinionountllstha S1i rem'e Judicial ' a Court speaks. Mrs. Harvell asked if the Selectmen or anyone else had spoken to the School Committee of the image it wiligcreate for Lexington and what it will do to the property value 41(i of the Town. She asked what image the schools would come off with if such a thing happens. She said she understood if funds are deleted from the school budget , it will very likely go to court. The Chairman said this had not been discussed with the committee. One individual said he understood Mr. Fisher to say peoplethe School Committee and said they, haveapproached p on their own initiative, would do this. The Chairman said the best the Board could do tonight, with two members absent, is to say that the other members of the Board will be made aware of these comments. Mr. Adams said he was with Mr. York in the statements he has made and urged that every effort be made to include an article in the warrant. The Chairman said it was the Board of Selectmen who originally asked the School Committee to put an article in. Mr. Cronin said there is more than one democratic process; the State Legislature has given the School Com- mittee its autonomy. He said he personally believed in Town Meetings,but he did not believe in Town Meetings making educational ddcisions. The Chairman said he did not believe anyone said it was the only democratic process. Mr. Cataldo said the Legislature, in its wisdom, did not see fit to include kindergartens in its autonomy. Mrs . Harvell said it is not the Town Meeting Members' function to vote on kindergartens. The function of the Town Meeting is to vote on money It is asked to appropri- ate money. She said they do have to appropriate money for the School Department and are being asked to vote on the money involved. The group retired at 9:40 P.M. The Chairman said the Board received a copy of a letter from Mr. Sussman to Mrs. Joel Orlen relative to a wid life Wildlife area on property at the end of Highland Avenue believed to be owned by Mrs. Ashley. He said he would have a copy sent area to the members of the Board. Letter was received from the Planing Board requesting Special that the date of the Special Town Mating be postponed until Town the approval of the Attorney General of the recodification Meeting by-law has been secured. 4164 CO 2C CI The Chairman explained the letter is no longer valid. , Further consideration was given to the American .egion Legion' s request for permission to use Parker Field for 'air the Post' s Third Annual Lexington Country Fair over Labor Day weekend, 1967. Upon motion duly made and seconded, it was voted to grant permission for the Fair with the understanding that no set-up work will be done after nine o' clock at night, and no activities will continue after eleven o'clock at night, and further to deny permission for a livestock show. Upon motion duly made and seconded, it was voted Sewer to sign an Order for the installation of a sewer main Order in Westwood Road from Adams Street a distance of 870 feet, southerly. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meetings held on January 23 and 2S. 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 Town Counsel pertaining to kindergartens and submission of appraisIas by Mr. Gray relative to the New Amsterdam, Pihl and Murphy properties, and report from Mr. Cataldo relative to the Minute Man Park Realty Trust, report from Mr. Gray in regard to the Lexington Motor Inn, it was voted to resume the open meeting. Following discussion pertaining to the Lexington Motor Inn, it was unanimously voted to rescind the vote Liquor of January 9, 1967 granting a liquor license to the license Lexington Motor Inn which was subject to approval of the Alcoholic Beverages Control Commission. Upon motion duly made and seconded, it was voted to adjourn at 10:40 P.M. A true record, Attest: ecdtiv Clerk, Sele tmen