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HomeMy WebLinkAbout1966-12-05-BOS-min 359 SELECTMEN'S MEETING December 5, 1966 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, December 5, 1966, at 7:00 P.M. Chairman Cole, Messrs. Burnell, Cataldo Sheldon and Mabee were present. Mr. Legro, Town Counsel, Mr. Carroll, Superintendent of Public Works, Mr. Ora3 Executive Assistant, and the Acting Clerk were also present. Members of the School Committee, Chairman Viano, Dr. Fobert, Messrs. Fisher, Clarke, Farwell and Mrs. Clarke, met with the Board. The Chairman stated this meeting had been called at the request of the School Committee to discuss a few matters of interest. Mr. Viano stated he thought the committee would School like to talk with the Safety Committee, that there is Committee quite a problem at Bridge Street, Tufts Road with regard to bussing. He thought his committee would go in whatever direction the Safety Committee suggests, to discuss the problem as a group to see what could be done. Mr. Gray asked if the problem at the intersection of Marrett Road, Cary Avenue and Middle Street was due to the lack of sidewalks. Mr. Viano stated it is more from the Middle Street. area. Mr. Gray replied as far as that is concerned, side- walks will be included in this year's budget for 1967. Mr. Viano referred to the crossing at Marrett Road, and Mr. Gray stated the Traffic committee had looked at this intersection four or five times with the State DPW and it is its opinion that with the protection afforded by the crossing guard, that is the best protection that could be given. Mr. Viano stated possibly two trees could be cut down that are practically on the street line across from the walk going into the school. The Chairman asked if the School committee agreed on this, and Mr. Viano stated it did mention the trees. Mr. Gray said stop signs had been requested at Cary Avenue and they were under consideration by the State Department. 360 , t"s Mr. Carroll added "School Zone" signs and some will be replaced shortly. Mr. Viano stated there are no sidewalks on Tufts Road, a 90° intersection out of Marrett Road and it is blind. There is a bank there and a car couldn't see a child, and as soon as the snow falls, it is not clear along Marrett Road. The Chairman asked Mr. Carroll if there are side- walks, and he replied they are plowed the same as all sidewalks, and Mr. Carroll replied there is not much room. They are plowed and the State plows the road and fills in the walks that have been plowed. Mr. Viano asked Mr. Carroll if, where he had more control with his own trucks, would it be possible for him to do a little more additional plowing, and Mr. Carroll replied that he would try and do the best he could. Mr. Logan Clarke spoke of the Reservoir side of the road, and also referred to small sidewalk at the corner of Tufts Road and said it is filled in so it is not passable. Mr. Viano referred to the walkway from Marrett Road into the school, that it is a lonesome area, is rather obscured from the school area. The Chairman stated it is daylight during school hours, and Mr. Fisher stated this does not satisfy the mothers. Chief Corr said there had been no incidents reported. Mr. Viano asked if Chief Corr would say this area was unsafe, the school crossings, etc. Mr. Gray said it is not unsafe, and Chief Corr corroborated his statement. Mr. Fisher asked about other areas in the Town, and Chief Corr stated, Oak Street, Five Forks, they are all bad. The Chairman stated this is not a peculiar case, that other areas in Town are just as dangerous; the traffic study committee feels a Policewoman is adequate. Mr. Fisher stated he felt the parents were reg3esting bus transportation. The Chairman asked if(his committee believed this situation was hazardous and Mr. Viano replied there are a lot of hazards in Town. Mr. Gray stated they asked if it was unsafe, and Mr. Fisher stated if you had an eight year old, would you be happy, and said he didn' t blame these parents, that they were disturbed. 36a Mr. Viano stated they have these requests all the time, that there are a great number of people involved, and wanted to know the Board's thinking. He stated the people from the lower end of Middle Street state that crossing is dangerous. They request a traffic count at Middle Street, Weston Street and Lincoln Street. The Chairman asked if the committee was convinced that bussing children is a good policy. Mr. Viano stated they would not deviate from the policy of one mile from elementary and two miles from High School. The Chairman stated the only question is whether or not the committee agrees to accept the decision of what the Traffic Committee says, and Mr. Viano stated he did not know how he could disagree with that committee. The Chairman stated precedence has been given to the School requests for sidewalks over other sidewalks, and it would still get the same consideration it has in the past. Mr. Logan Clarke stated the committee should have anticipated the crossings before the school was built, and stated he could not in honesty say this is a hazardous situation; that there are hazards, and felt this would come up at Town Meeting. Mrs. Clarke stated she wondered whether the Safety Committee has surveyed the entire situation, that it warrants some consideration. They did not deserve any special consideration. The Chairman stated probably the onus is on the School Committee, and felt a lot of the training begins in the home, that the parents have some responsibility. Mr. Cataldo stated the Board would like to discuss the Kindergarten, that the first thing he would like to know is the interpretation of the "Educational Decision." Mr. Viano replied it is an educational question. It pertains to education in this particular instance. It is a sound program for the children of Lexington. Mr. Fisher stated the committee felt it wasoan educational decision, it was made to go ahead, and it was not a new building. It felt it was desirable as long as they had the space, that they did not feel the Kindergarten would have precedence. Mr. Cataldo stated if you had to have a new school II 4 building you would have to go to Town Meeting for it. Why is one an educational decision and other a building. 362 at N t"s Why not put this to Town Meeting. There is money involved. It has been a Town policy that any reincurred expenses should go in a special article. Mr. Sheldon stated apparently an educational decision is being made which may somehow or other become a financial decision. He asked should the decision in now be referred to the Town. Mrs. Clarke stated if we do that, we might as well turn the whole operation over to the Town Meeting. We are elected to do this for the Town and we are perfectly confident that the majority of the Town wants Kindergartens, guidance people, otherwise there is no need for a school committee. The School committee retired at 8: 10 P.M. Mr. Legro stated he had an Order of Taking for the Burlington Street trunk sewer. He said the Selectmen Order of voted some weeks ago. At that time the question of Order of Taking damages was considered, no damages on any except Lyle Taking Shufelt, 192 Burlington Street, in the amount of $200; no betterments to be assessed for this improvement. Upon motion duly made and seconded, it was voted to sign the Order of "Taking as prepared by Mr. Legro. Mr. Legro stated the Conservation Commission acquired an option to purchase the land of Trinity Covenant Church near the Swenson Farm. The option expires December 15, an appraisal of 10 acres involving $1600 per acre. He stated he had an instrument for the Board to exercise if it wishes to do so. He stated he did not have a final plan but has a ninety-day period to make the acquisition. The funds were voted under Articles 90 and 91 of the 1966 Town Meeting, and he said he knew of no reason not to sign. Upon motion duly made and seconded, it was voted to sign the instrument for the acquisition of the option for the Trinity Covenant Church as prepared by Mr. Legro. Mr. Legro stated he had a release of all claims Release relating to a water break from Ray Rochelle, on September Release 20, at 759 Waltham Street, in the amount of $152.13. Upon motion duly made and seconded, it was voted to sign the release prepared by Town Counsel. 1 Mr. Legro referred to the acquisition of lots of land of the Lyon family in Meagherville School Site, Lyon prop- Conservation properties. The offer was in the form erty of a gift but subject to 1966 taxes. He stated the Meagherville Board had no right to abate the taxes, and stated as far as the Meagherville site was concerned, the taxes could be paid for the amount of the land. Mrs. Lyon has paid the taxes and given the land to the Town. The Chairman asked if this would take Town Meeting action, and Mr. Legro stated there is no question about these two lots; that the Conservation Commission can accept gifts with the approval of the Selectmen. It is the authority of the Board to accept the gift. The Chairman asked if this could be accepted as a gift, and the reply was not without Town Meeting vote. Mr. Sheldon suggested accepting the gift of the two lots within the school site, subject to those lots which lie without the school site, being for Conservation purposes. Mr. Legro stated the Board would vote to approve it subject to that. Mr. Gray stated he had a application for payment for the Public Works Building in the amount of $46,018.95. II Upon motion duly made and seconded, it was voted Application to pay the bill of November 10, 1966, for addition and for pay't. alterations on the Public Works Building, 201 Bedford P.W. Bldg. Street, to John Tocci & Sons, Inc. Mr. Gray presented a bill from William A. Halsey, architect, for architect's fees, Public Works Building, in the amount of $800.00. Architect's Upon motion duly made and seconded, it was voted bill - P.W. to pay bill of William A. Halsey, Architect, in the Building amount of $800.00. Mr. Gray submitted a change order from John Tocci Credit - & Sons, Inc. , a credit in the amount of $3,723.00. Change order Upon motion duly made and seconded, it was voted to accept credit on the contract change order in the amount of $3,723.00. A bill, in the amount of $45.00 from Harry G. Berglund, dated January 31, 1966 for an opinion of value on the Hamilton, Mimno, and Basile properties, Opinion of IIwas presented to the Board for payment by Mr. Gray. Value bill This bill was enclosed in a letter with an explanation as to why this had been overlooked. 364 ac Upon motion duly made and seconded, it was voted that this bill in the amount of $45.00 for an opinion 11of value from Harry G. Berglund, be paid. Mr. Gray read a letter from the Historic Districts Transfer Commission requesting a transfer of $430 to the Historic Transfer District Commission's account. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the amount of $430 from the Reserve bund to the Historic District Commission' s account. Mr. Gray read a letter from Mrs. George P. Morey, President of the Lexington Historical Society, relative to the artifacts from the Hancock Clarke House dig on display in the Lexington Room of Cary Library. Artifacts Mrs. Morey requested that when the exhibit is Artifacts Hancock removed, some portion of it might be displayed at the Hancock Clarke Visitors' Center, providing a suitable case is obtained. Clarke House Later in the evening when the Board was discussing Rouse the date for the Visitors' Center to be kept open, the letter was again discussed. Mr. Mabee stated it is a very good display, and is in a locked case. The Chairman suggested the Board allow it to be in the Visitors' 6enter providing the Society provides the case and assumes the responsibility. Mr. Cataldo said that other applicants had been denied the area of display, and that Mr. Gray was to have the ground rules for the use of the Center. Mr. Mabee felt the Board should have the ground rules. Mr. Cataldo stated nothing had ever bedn done with regard to the Diorama. The Chairman suggested that this be held over until next week until the Board can see what the ground rules are. Mr. Gray read a letter from the Traffic Study Committee relative to the fence at the Adams School, in which that committee pointed out that the erection of a fence would improve a situation, which that committee did not feel was serious at the present time. Mr. Sheldon asked what the cost would be, and Mr. Gray stated they had an estimate of $800. 365 Mr. Carroll stated he gave the estimate. Mr. Cataldo asked what good a four-foot fence would be, and Mr. Carroll replied it wouldjstop the children from going over, that they would have to put a gate in anyway. He stated they would get over a six-foot fence and get through the gate, that the four- foot fence will make the chances of a remote possibility a little less. Mr. Gray stated the committee could say a fence would not improve the situation. The Chairman asked if it would be in order to instruct the children not to climb over. Mr. Cataldo moved to deny the request. Upon motion duly made and seconded, it was voted to deny the request to erect a fence as requested by the Adams School P.T.A. Playground committee. Mr. Sheldon stated that at an earlier meeting, it was requested to see what other Towns were doing Question D as a result of Question D on the Ballot. Mr. Gray stated at the present time, he had no answers to give to the Board. Mr. Robert Wilson, Bartlett Avenue, met with the Board with permission from the Chairman, relative to the Goodwin property at 9 Pearl Street. He stated this has been going on for over ten Goodwin years, is a disgrace, and he understood a writ was Property filed in Superior Court, a year ago and again last May. Mr. Legro stated it has not been filed in Court. Mr. Wilson asked why not, that was five months ago. Mr. Legro stated five months is a short period to rectify anything with regard to the junk around there. He stated the Board held off due to the younger Goodwin agreeing to cooperate and remove the garage and to assist in the cleaning up. Mr. Wilson stated it was a great disappointment to him as well as his neighbors, and he would like to put up a fence today. The Chairman stated the point is to follow up through Mr. Irwin, Building Inspector, then Town Counsel would be notified and he could follow up. Mr. Wilson felt he had been put off, that it was being settled in Superior Court. Mr. Legro stated he was aware of any case that was being brought up, and that case was resolved; that there have been conversations about it. He said the son and X66 CO N Mr. Goodwin's wife came in and said they would cooperate so the petition was held over. If it hasn't materialized, they would have to proceed with the case. The Chairman stated the Administrative Assistant would see what the status is at the present time, and Mr. Gray will forward the information to Mr. Legro. Mr. Wilson asked when he could expect to hear from Mr. Legro, and Mr. Cataldo replied Mr. Gray would contact him. Mr. Wilson retired at 8':'45 Y.M. Mr. Carroll reported on the Visitors' Center. There were 270 on Saturday, 96 on Sunday, 248 on Friday, a total Visitors' of 614, that the number is still high. Visitors' Center Mr. Burnell felt the building should be kept open. Center Mr. Carroll felt it could be kept open for the rest of the year all right. Mr. Burnell moved to keep it open for the rest of the year, subject to the approval of the Chamber of Commerce add the personnel. Mr. Carroll asked about Christmas and New Year's Days and it was decided that the building should be closed. Upon motion duly made and seconded, it was voted to keep the Visitors' Center open for the rest of the year exclusive of Christmas and New Year's day, subject to the approval of the Chamber of Commerce. Mr. Carroll stated that he held a hearing on trees on Massachusetts Avenue today. He stated he understood there was a petition in subject to the removal of the tree. He felt the press should be told of the meeting Tree next week. Tree hearing The Chairman stated this would not be a hearing, hearing but there would be an item on the agenda. Mr. Sheldon asked the condition of the tree, if it was in good shape, and Mr. Carroll stated both trees should come down, the big tree rather than the small one. Upon motion duly made and seconded, it was voted that an item would be put in the paper, stating the time for the discussion on the trees. Mr. Carroll said last week, Mr. Cataldo asked for more information on the Murphy land on Grove Street. He submitted a plan which he explained to the Board, which he stated was a profile of the trunk sewer which crossed Grove Street. 367: It was suggested to put an article in the warrant and let the Town Meeting decide whether to buy this land. Murphy Mr. Legro stated the Board wants to get an option, land on and he felt it was a good idea to try. Grove St. Mr. Cataldo suggested to instruct Mr. Gray to get an option for $1.00, that the Board recommends its purchase subject to the betterment being abated. Mr. George Rowe met with the Board. The Chairman stated the Jaycees were requesting the old dump site on Lincoln Street for the burning of Christmas trees. Mr. Rowe said last year they were burning on the CC & F land on Hartwell Avenue, and were looking for a place to burn them this year. The Chairman asked if there was any reason to have it there, and asked if it wasn't denied last year on the basis of liability. Mr. Rowe stated they had held it on Town-owned land in back of Hayden land. Mr. Mabee stated there was liability insurance on the dump, the new dump, and asked about the Center Playground. Mr. Carroll asked is this a legitimate use of a dump and therefore doesn' t our liability cover us if it were done at the present dump. Mr. Legro replied he thought that was correct, it is a refuse disposal. A burning day. Mr. Rowe stated it leaves a good heap of ashes. Mr. Carroll stated why not burn them, the Fire Depart- ment will supervise the burning. Mr. Mabee felt there was nothing to worry about. Upon motion duly made and seconded, it was voted that the dump will be open for the precise purpose of burning Christmas trees, permission granted to the Jaycees. Mr. Legro retired at 9: 15 P.M. to attend another meeting. At the request of the Town Clerk, two jurors were drawn as follows: Martin Gibbs, 32 Slocum Road, and Jurors John E. Meade, 6 Baskin Road. Upon motion duly made and seconded, it was voted to sign the following Sidewalk Orders: Sidewalk Orders 368BC C'2 East Street, southerly side, from Grant Street to Burroughs Road. Grove Street, on the easterly side from Dewey Road a distance of 170 feet southerly. Marrett Road, on the northerly side of Marrett Road from a point opposite Bridge Street a distance of 183 feet, more or less, westerly. Marrett Road, on the northerly side from Waltham Street westerly to Bridge Street. Upon motion duly made and seconded, it was voted to Licenses approve the following licenses, all having been approved Licenses by the Board of Health: (Quote) * Upon motion duly made and seconded, it was voted to sign application for Certificate of Incorporation, on behalf of Henry C. Kreide, 3 Page Road, Lexington, satisfactory character references having been received from Chief Corr. Letter from Leslie H. York, Chairman, -Town Meeting Members Association, relative to an Information Meeting to be held jointly with the Planning Board, on Wednesday Meeting evening, at 8:00 P.M. December 7, 1966, in the Science Meeting Lecture Hall at the High School, was read by the Chairman, and placed on file. The Chairman stated it had been the policy of the Board in previous years to close the Town Office Building Xmas at noon on the Friday before Xmas. Xmas closing Upon motion duly made and seconded, it was voted to closing continue the policy, and the Town Offices would be closed at noon on Friday, December 23, 1966. Bedford Mr. Warren K. Lewellen, Chairman of the Bedford Bedford Sewer Board of Selectmen, came in to the meeting and gave the Sewer Retort Chairman the report of the Sewer Meeting held in Bedford Report on November 23, 1966. Mr. Cataldo stated he would like to move that the School Committee be requested to put the equipment of the Lexington Kindergarten in a special article for the Kindergar- 1967 Annual Town Warrant. Kindergar- ten Upon motion duly made and seconded, it was voted ten article to write the School Committee and state that the Board article of Selectmen unanimously requests the School Committee 369 to insert an article in the Warrant for the 1967 Annual Town Meeting for the establishment of a Kindergarten for the Lexington School System. Upon motion duly made and seconded, it was voted to Appointment reappoint Mr. F. William Smith a member of the Board of Assessors for a three-year term expiring January 1, 1970. 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 a discussion with Mr. Legro, relative to legal matters, it was voted to resume the open meeting. The Chairman referred to the date of the Warrant closing, and it was voted to close the warrant on Warrant January 3, 1967. closing Mr. Gray was instructed to advise all Boards and Commissions to this effect. * Joseph Trani, Inc. Package Goods Store Renewal Lexington Motor Inn (Innholder) Renewal David Butt*ick Co. Comm. Victualler Howard D. Johnson Co. " Hancock Market " " " Regent Delicatessen " Powder Horn Golf Course " The Colonial Store Mark Management, Inc. " Woodhaven Country Store " " " James H. McManus Upon motion duly made and seconded, it was voted to adjourn the meeting at 11: 15 P.M. A trim record, Attest: K11"d'e' `( ti' mak, q!lectmep