HomeMy WebLinkAbout1967-01-23-BOS-min 439
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SELECTMEN' S MEETING
January 23, 1967
A regular meeting of the Board. of Selectmen was
held in the Selectmen' s Room, Town Office Building,
on Monday, January 23, 1967, at 7:30 P .M. Chairman
Cole, Messrs. Burnell, Cataldo, Sheldon and. Mabee were
present . Mr. Legro, Town Counsel, Mr. Carroll, Super-
intendent of Public Works , Mr. Gray, Executive Assistant,
and Miss Murray, Executive Clerk, were also present.
Letter was received from Mr. Legro in answer to a
question raised by one of the members of the Board in Question
regard to authority by which the question relating to on ballot
the zoning for shopping centers was placed before the
voters several years ago. The question was placed
on the official ballot Dor the March 10, 1958 election
of Town Officers by authority of Chapter 7t. of the Acts
of 1958, Section 1.
Notice was received from the State Department of
Public Works, advising that the Chapter 90 construction
allotment for the Town for 1967 is $13,100 and. the Chapter 90
allotment for Chapter 90 maintenance for the Town for
1967 is $1 ,500.00.
Upon motion duly made and seconded, it was voted
to grant the petitions and sign the orders for the
following kole locations, all having been approved by
Mr. Carroll:
Massachusetts Avenue, northeasterly side, opposite Pole
Lisbeth Street, --
One (1) pole. locations
Massachusetts Avenue, northeasterly side, approxi-
mately 348 feet northwest of Curve Street , --
One ( 1) pole.
Woburn Street, southerly side, approximately 903
feet east of Cottage Street , --
One (1) pole .
Woburn Street, southerly side, approximately 1,166
feet east of Cottage Street, --
One (1) pole.
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Worthen Road, easterly side, approximately 10 feet
north of Massachusetts Avenue, --
One (1) pole.
Dewey Road, southwesterly side, southeasterly from
a point approximately 16 feet southeast of
Grove Street, --
Eight (8) poles , guy wire and anchor on first
pole.
Suzanne Road , northwesterly side, southwesterly from
a point approximately 108 feet southwest of
Millbrook Road , --
Two (2) poles.
Suzanne Road , northwesterly side, at/and northeasterly
of Millbrook Road, --
Five (5) poles .
Juniper Place, southwesterly from a point approximately
28 feet southwest of Meriam Street, --
Five (5) poles.
Baker Avenue , northwesterly side, at Butler Avenue, --
One (1) pole.
(One existing JO pole to be removed. )
Upon motion
p duly made and seconded , it was voted
Permit to grant permission to the Metropolitan Building Movers
Co. to move a building from Belmont to lot #113 on
Lawrence Lane
The Chairman reada letter from Mr. Legro in
connection with the vote of the Board last Monday even-
Land of ing relating to the land. of New Amsterdam Casualty
New Amster- Company, in which he stated he had obtained from the
dam Casualty Engineering Department a print of a plan showing the
Company area to be acquired for conservation purposes . He
stated apparently Parcel A is a strip of land that
either the Planning Board or some other board or com-
mittee involved in this transaction proposes to acquire
or keep available for future street purposes, and if the
whole tract were acquired for conservation purposes, it
would be difficult, if not impossible, to later take the
steps necessary to devote this land to street purposes .
Mr. Cataldo askedif the Board took the land on a
general taking, could it at a later time submit it to
conservation and get reimbursement.
Mr. Legro replied he didnot know of any case in
which it has been done, but he thought the statute was
broad enough to permit transferring land takan to con-
servation. He said he would like to read the statute.
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He submitted a plan and indicated the property involved,
the entire parcel C.
The Chairman asked if it was the Planning Board' s
proposal to have a street, and. Mr Carroll repliedin
the affirmative.
Mr. Mabee said he thought Red Coat Lane was always
in it
Mr. Carroll suggested that Mr Legro was not given
sufficient information when he prepared the article and
if he had knownithe road was there, he would have prepared
another article.
Mr. Sheldon said he would like to know if the Plan-
ning Board understands that taking it for conservation
would block any streets, and how important this street
is to them.
Mr . Carroll said it is a connection to Hathaway
Road and it is a master plan.
Mr. Legro said he would discuss the subject with
the Planning Board this evening and see the Selectmen
afterwards .
Letter was received from Mrs. Battin, Chairman,
of the Structure of Town Government Committee, advising Mandatory
that the committee has decided to accept the vote of Referral
the Selectmen not to include a 'Mandatory Referral'
article for the March, 1967 Warrant.
Letter was received from the Planning Board re-
questing the Selectmen to call a special town meeting Special
for zoning articles to be held not later than June 5, Town
1967. Meeting
Upon motion duly made and seconded, it was voted
to hold. a Special Town Meeting on June 5, 1967, and
further voted to close the warrant for the meeting on
April 24, 1967.
Invitation was received to attend a reception for
Reverend and Mrs.Miles McKey on Sunday, January 29, Invitation
1967, at L :00 P .M. , Follen Community Center.
All members of the Board accepted with the ex-
ception of Mr. Mabee who had a previous commitment.
Upon motion duly made and seconded, it was voted
to sign a Water Order for the construction of a water Water Ordel
main in Blossomcrest Road from Meadow Brook Avenue, a
distance of 1156 feet, more or less , westerly to Mayflower
Street.
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Upon motion duly made arra seconded, it was voted
Minutes to approve the minutes of the Selectmen ' s Meeting held
on January 16, 1967.
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. Carroll pertaining
to snow removal , and legal opinions submitted by Mr.
Legro, it was voted to resume the open meeting.
Mr. Legro retired at 8:30 P.M.
The Chairman stated on advice of Town Counsel, the
Board is not disposed to putting a special article in the
warrant bn kindergartens. The matter will be in the
Kindergarten School Committee budget, andit was his understanding
any Town Meetinf Member may move to amend.. This is a
matter for the Town Meeting and. the Selectmen will not
insert a special article on the kindergartens .
Mr. Charles Sisk, American Legion Stanley Hill Post,
met with the Boardrelative to the Post ' s request for
Joe of permission to use Parker Field, Center Playground, for
Parker Field the Post' s third Annual Lexington Country Fair over
I/
Labor Day weekend , 1967.
The Chairman said that last year there was quite
a number of complaints andthe major question was on the
setup working there late at night with noisy instruments.
The neighbors were disturbed. He askedif permission
were granted, when the Post would start to set up.
Mr. Sisk replied they wouldhave to start Tuesday or
Wednesday afternoon and early evening and that is the
best they can do. They will not work after nine o' clock.
The Chairman asked if the Post would acd.ept a nine
o' clock limit on this . With this in mind , the Board
wouldconsider tt:J .
Mr. Sisk said the Post would like to use the roadway
out back for a livestock show which the Board had pre-
viously denied.
The Chairman, addressing Mr. Carroll, said he knew
the feeling of the Park Department Superintendent .
Mr. Carroll said they were both opposed to putting
livestock on the field because they feel this is setting
a precedent that coul3 be enlarged upon in the future and
they feel it shouldnot be started.
The Chairman said iillard 'foods have been used for
horse shows . He said he thought the Board' s policy wnflid
be consistent with the past, and the animal show would not11
be approved.
Mr. Sisk retired. at 8:4.0 P .M.
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10110go "mc ,Ohapimr iiit7dkidl1 and(Mrsl-Atewlo, Capital
Expenditures Committee, met with the Board .
Mr. Chapin said they assumed the Board had read. Capital
the report submitted to each member and explained the Expendi-
committee has made an effort to even out the capital tures Comm.
expenditures for the course of the next five years.
Following a general discussion on capital outlay
items, the Committee retired at 9:30 P .M.
Messrs. Hayes , Sparrow and Davison of the Recreation
Committee, and Mr. Bertini, Director, met with the Board
to discuss 1967 budgets.
The following action was taken:
Requested Approved
Personal Services $25,043.50 $25,043.50
Expenses 8,035.00 8,035.00
Recreation
Swing for Sutherland Road Committee
play area disapproved . An
area to be blacktopped for
basketball
$2600 was added to the Park Department Expenses budget
to cover three swings andone basketball court.
$2550 was added to the Park Department Expenses budget
to cover three baseball backstops ; two at Bridge and one
at Harrington.
Upon motions duly made and seconded, it was voted
to include articles in the warrant for installation of
an instructional pool at the Center Playground ; two sections
of spectator stands at the Center Playground and a topo-
graphical survey and plan of the so-called dujp area on
Lincoln Street.
The Recreation Committee retired at 10:20 P.M.
Mr. Gray said last week the Board discussed the pro-
perty on Bartlett Avenue and he had prepared a notice
which, according to Town Counsel, is in order. He ex-
plained the order for the demolition of the two-car garage Goodwin
at 9 Pearl Street was recommended by the Building In- Property
spector.
Upon motion duly made and seconded, it was voted
to sign the following Order:
COMMONWEALTH OF MASSACHUSETTS
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COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS. TOWN OF LEXINGTON
At a meeting of the Board of Selectmen of the Town of Lexington
held on the 23rd day of January, l967 it is
ORDERED: Whereas on July 11, 1966 said Board of Selectmen held
a public hearing, due notice of which was given to Joseph A. Goodwin,
at 9 Pearl Street, Lexington, in said County of Middlesex, as owner
of burnt , delapid.atedor dangerous building located at premises known
as and numbered 9 Pearl Street in said Lexington; and
WHEREAS, said Board of Selectmen have made the following findings
of fact:
1 . That there ib located on said premises known as and numbered
9 Pearl Street, Lexington a two-car garage.
2. That in 1963 a fire destroyed the front portion of the roof
and right side wall which has not been restored or repaired, and the
roof portion and other debris from the fire is still strewn around
the general area of the garage.
3. That the garage is in a generally delapidated condition.
NOW, THEREFORE, we the undersigned , being a majority of the
Board. of Selectmen of said Town of Lexington, duly elected and
qualifiedand acting as such, do hereby, under and by virtue of
the provisions of Section 1 of Chapter 139 of the General Laws, and.
all acts in amendment thereof and in addition thereto, and of any
and every other power and authority us hereto in any way enabling,
make and record an order adjudging saidgarage to be a huisance
to the neighborhood and dangerous , and do hereby order:
1. That within thirty days from the date of the service of
this order on the owners the garage be demolished , all demolition
debris and other debris removed from the premises, and any and all
excavations filled to the level of the surrounding ground with
clean solid. fill:
2. That a copy of this order be filed with the Town Clerk
who shall deliver copies thereof to an officer qualified to serve
civil process, which officer shall forthwith serve an attested
copy thereof upon Joseph A. Goodwin at his last and usual place
of abode, 9 Pearl Street, Lexington, Massachusetts, and make
return to said. Town Clerk of his doings thereon.
WITNESS our hands at Lexington as aforesaid this 23rd. day of
January, 1967.
TOWN OF LEXINGTON
111
By /s/ Lincoln P. Cole, Jr. Majority
Levi G. Burnell of the
Hobert Cataldo
Board of
I H. Mabee Selectmen
L- George O. Sheldon
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A copy of the order is to be sent to Mrs Joseph A.
Goodwin, and also to Mr Frank Goodwin, a son.
The Chairman read a letter from Mr Legro, regarding
the Lexington Motor Inn, Inc. application for a license
to sell liquor to be drunk on the premises . Liquor
The Chairman said he did not think it necessary to license
hold another hearing and he understoodthis is being
worked out by Mr.Legro and Mr. Reagan, attorney for
the Inn.
Upon motion duly made and seconded, it was voted
to adjourn at 10:35 P .M.
A true record , Attest :
'/ ec i Cle k, Selec nen
�J
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X46
STREET HEARINGS ON SUBDIVISION STREETS
& CONSTRUCTION STREETS-JANUARY 25, 1967 1
A street hearing was held on Wednesday, January 25, 1967
at 8 00 P.M. at the Estabrook Hall, Cary Memorial Building.
Present were Lincoln P Cole, Levi G. Burnell, Robert L.
Higgins and Alice D. Stringos.
8:00 P.M. Mr. Cole explained the subdivision streets are constructed
under the Subdivision Control Law and the Construction Streets
are under betterments.
Mr. Cole stated that everyone present would be given an
opportunity to speak in favor or in opposition and to ask
questions. He also stated that the final decision as to
whether the streets will be accepted or not is made by the
Town Meeting members.
8:05 P M. Hadley Road - Mr. Joseph Quinan, 48 Eldred Street was
recognized. He had no questions.
8: 10 P M. Longfellow Road - No one spoke for or against.
8: 12 P.M. Phinney Road - No one spoke for or against.
8: 13 P.M Tricorne Road - Mr. & Mrs. Greene, 85 Marrett Road opposed
to acceptance because they fear front of
property will be ruined.
8: 14 P.M Tyler Road - Mr. Leonard Cohen, 2 Winchester Drive - Asked
if easement had been dropped Mr. Cole read a
letter dated August 30, 1966 written by the
Planning Board and commented that the Board of
Selectmen voted to accept the Planning Board' s
recommendation.
8. 18 P.M Whittier Road - Mr. Robert L. Stettiner, 12 Whittier Road
was recognized. No questions.
8: 20 P M. Crescent Road - Mr. Cole asked if anyone was in favor of this
street. Mrs. Philip Swartz, 8 Crescent Road
spoke in favor of it. II
447
Mrs. Frank Harlow, 5 Crescent Road -
' She commented that she is absolutely
opposed to this road. Also stated that
she was never approached when the
petition was circulated.
Mrs. Larrabee, 15 Crescent Road -
Not in favor.
8. 25 P.M. Emerson Road - Mr. Greeley spoke representing the
Planning Board. The Planning Board
favor of Emerson Road being accepted.
Mrs. Skov, 8 Hawthorne Road spoke for her
own interest and is opposed to this road
if it is only going to be used as a
cut-through. Also commented that she
thought the Planning Board should study
this further.
Mr. Chester Lidberg, owns Lot Pt. "B"
Emerson Road - Commented that no one
approached him and that not much
thought had been given to this road.
Mr. Greeley said "that much thought
had been given to this" and agreed that
no one had approached Mr. Lidberg.
Mrs. Harvell, 131 Burlington - Commented
that outside people would use this road.
She objected.
Mr. Arthur Burrell, 2 Thoreau Road -
Stated that the people were not informed
about this meeting. He opposed
Mr. John C. Belcik, 14 Payson Street -
Asked "is this an existing paved road?"
Mr. Cole said "no it is Lidberg' s
pasture". Mr. Belcik asked "can this
road be built by available funds?"
Mr. Greeley commented that it would be
unfair to slip it through by available
funds.
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CI(cont.) Emerson Road - Mr. Robert Stettiner, 12 Whittier Road -
Asked "who would the road serve?"
Mr. Greeley said "to help circulate
traffic in the center of town "
8:45 P.M. Ewell Avenue Mr. & Mrs. Frederick Seaberg, 8 Ewell
Avenue, Mr. & Mrs. Edward J Burke,
7 Ewell Avenue, Mr. Paul A. Looney,
1 Ewell Avenue, Mr. & Mrs. Leonard F.
Anderson, 21 Ewell Avenue, Mr. & Mrs.
Joseph P. Delaney, 4 Ewell Avenue,
Mr. Paul Sullivan, 18 Ewell Avenue,
were all in favor of this road.
Mr. Paul Sullivan asked about services.
Mr. Higgins stated that services are put
to the side of the road before street is
built.
Mr. Peter Millinazzo, 27 Ewell Avenue -
Opposed to it.
Mr. & Mrs. John G. LaBelle, 31 Ewell Avenue -
Very much against it. Concerned about water
running down Ewell Avenue from Deering
Avenue. Mr. Higgins stated that a drain
will be built on Ewell Avenue to solve the
problem.
9:02 P.M. Kendall Road Mr. Julio Amicangelo, 61 Kendall Road - Asked
questions on Article 75. Mr. Cole read the
proposed road to him. Mr. Amicangelo, after
the length of the proposed road was determined,
agreed that he and the Appolonios favored the
road.
Mr. & Mrs. Maurice E White, 55 Kendall Road,
Mr & Mrs. Leo M. Patrician, 47 Kendall Road,
Mr. & Mrs. Amos J. Carr, 53 Kendall Road
were all in favor of the road.
9:09 P.M. Blossomcrest Road - from Worthen Road to Meadow Brook Avenue
Mr. John W. Grabski, 64 Blossomcrest Road -
Asked if there would be a taking. Mr. Higgins
stated that this part of the road is entirely
a land taking.
449
(cont.) Blossomcrest Road
Representing Mr. & Mrs. Frank J. Sanderson,
5 Meadow Brook Avenue and Mr. & Mrs. Robert
E Byrne, 77 Wellington Lane Avenue was
Attorney George Kilgore. He stated that
the Sandersons & Byrne were opposed to this
road. Mrs. Sanderson and Mr. Byrne were
present.
Mr. William E Spinney, 87 Blossomcrest Road -
He opposed.
Mr. Lloyd V Polhamus, 81 Blossomcrest Road -
He opposed
Mr. & Mrs. Frederick Ezekiel, 75 Allen Street,
Mr. & Mrs. Edwin Goldberg, 60 Blossomcrest
Road, Mr. & Mrs. Adolph F. Krol, 51 Wellington
Lane Avenue, Mr. Duane Belt, 58 Blossomcrest
Road, Mr. & Mrs. Donald E. McElman, 74 Blossom-
crest Road were all opposed to it.
9:32 P.M. Blossomcrest Road - from Allen Street 723± feet westerly
Mr. & Mrs. Lloyd V. Polhamus, 81 Blossomcrest
Road, Mr. & Mrs. Frederick D. Ezekiel,
75 Allen Street, Mr. John W Grabski,
64 Blossomcrest Road, Mr. & Mrs. Donald E
McElman, 74 Blossomcrest Road, Mr. Duane
Belt, 58 Blossomcrest Road, Mr. Alphones H
DesRoches, 57 Blossomcrest Road, Mr. Robert
E. Byrne, 77 Wellington Lane Avenue were all
in favor of it.
Mrs. Frank J Sanderson, 5 Meadow Brook Avenue
- In favor of road but not sewer.
Mr. & Mrs. William E Spinney, 87 Blossomcrest
Road - Did not state whether they were for or
against this road. They asked questions re-
garding proposed sewer.
9:59 P.M. Lake Street - Mr. & Mrs. Thomas Driscoll, 11 Lake Street -
Very much in favor. Mr. & Mrs. Joseph H
II p
Jeffrey, Jr. , 6 Lake Street - In favor of it.
Mr. Andrew J Farago, 4 Lake Street - In favor
of it
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(cont.) Lake Street - Mr. Royston T. Daley, 2243 Mass. Avenue -
In favor of it with reservations that
granite curbing be installed at Mass.
Avenue.
10:00 P.M. Payson Street - Mr. & Mrs. Amelio J. Bertelli,
4 Payson Street - In favor.
Mr. John Fahey, 12 Payson Street - In favor.
Mary A. Beiner, 10 Payson Street - In
favor of the road if Grassland Street could
be built. Mr. Cole explained that it was
too late this year to build Grassland
Street.
Mr. Anthony Sacco, 23 Bridge Street,
Mr. John C. Belcik, 14 Payson Street were
in favor of the road.
Dr. & Mrs. Francis Huneeus, 30 Grassland
Street, Mr. & Mrs. John Perry, 24 Grass-
land Street were opposed to the road.
10.02 P.M. Philip Road - No one appeared. I
10.03 P.M. Valleyfield Street - from Bridge Street 1240+ feet
southerly
Mr. & Mrs. William G. Hooper, 50 Valleyfield
Street, Mr. & Mrs. Francis J. Rosa, 58
Valleyfield Street, Mr. & Mrs. Anthony
Gelzinis, 73 Valleyfield Street, Mr. & Mrs.
Joseph F. Cichy, 222 Cambridge Street,
Woburn - owners of Lots 81, 82, 83 Valley-
field Street were present and in favor of
the road.
10:08 P.M. Laconia Street - Mr. Solomon Samourian was not able
to attend due to illness but wrote a letter
to the Board of Selectmen giving them power
of attorney to vote in favor of Laconia
Street. He lives at 120 Laconia Street.
Mr. & Mrs. Salvatore Ferraguto, 145 Laconia
Street, Mr. George Morey, 49 Ridge Road,
Mrs. Eli Seymourian, 118 Laconia Street,
Mr. & Mrs Howard B. Dempsey, 119 Laconia
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(cont. ) Laconia Street- Street, Mr. John Meurer, 45 Laconia
Street, Mr. & Mrs. Thomas J. Passanisi,
135 Laconia Street, Mr. Donato L. Mazzola,
136 Academy Hill Road, Brighton owners of
Lot 9 on Laconia Street, Mr. & Mrs. Douglas
Maxner, 124 Laconia Street were all very
much in favor of the road.
Mr & Mrs. Diran M. Semonian, 504 Lowell
Street - Not in favor of it.
Mr. Paul Rosa, 500 Lowell Street -
Definitely opposed to it. He stated
that paving this road would create
nothing but a drag-strip.
Mr. & Mrs. Paul W. Spellenberg, 125
Laconia Street - Also opposed to it -
stated that road will create a speed-way.
Mrs. Katherine M Spellenberg, 498 Lowell
Street - Opposed to this road.
10:40 P.M. Mr. Cole declared hearing closed.
Alice Stringos, Clerk