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HomeMy WebLinkAbout1966-11-07-BOS-min li16 SELECTMEN'S MEETING November 7, 1966 I A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, November 7, 1966, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Catildo, Sheldon and Mabee were present. Mr. Legro, Town Counsel, Mr. Carroll, Super- intendent of Public Works, Mr. Gray, Executive Assistant, and the Acting Clerk were also present. Hearing was declared open upon the application of y the Boston Edison Company for conduit location on Waltham Street. Notices of the hearing were sent to the petitioner, Conduit owners of the property as listed on the petitioner' s plan, location and also filed with the Superintendent of Public Works. A gentleman, representing the Boston Edison Company, was present at the meeting. No one from the School Department was present repre- senting that department. Mr. Carroll stated that this location was partly on School property and partly on Town property. Mr. Legro suggested that this should be checked with the School Department and also be signed by them. Mr. Carroll also felt that this should have the approval of the School Department. Upon motion duly made and seconded, it was voted that the Board of Selectmen sign the petition, subject to the concurrence of the Superintendent of Schools. Mr. Legro referred to the City of Cambridge, Hobbs Brook Basin, matter. The -Court, as of October 31, 1966, Hobbs (he received a copy on November 2,) in substance found Brook the removal of soil was incidental to the enlargement Reservoir of the Reservoir, and it could not be said that it came within the By-Law of the Town of Lexington. Mr. Sheldon asked, Why, because they were not conducting a business? Mr. Legro stated they were eehlarging the Reservoie, He had no comment to make. The Chairman stated that the Town did lose the case. Mr. Legro stated the Judge authorized a decree to dismiss the bill. Mr. Carroll stated this matter concerns Chapter 90, Chapter 90 Lowell Street. He said he had talked to the State con- funds cerning this Chapter 90 project, whish the Board had discussed previously. Their letter of September 20 did not specify any location for this work; he had given the 1 DPW traffic counts, and the Department feels Lowell Street should be four lanes wide between Woburn Street and Maple 317 Street. He stated the roadwould be 50 feet wide which means there would have to be a taking made on either side of the road, and the question is whether the County would do it, or the Town at Town Meeting. The DPW feels the roads should be designed for the next twenty years. Mr. Carroll stated he would like the Board to write a follow-up letter for this money to be used on Lowell Street. It should be used to finish Massachusetts Avenue, but nothing to be put in the letter about the width of the road. Mr. Carroll stated that last week Mr. COole, Cataldo, Gray and he met with Dr. Fobert and Mr. EacInnes of the Maintenance School Department relative to a problem they had with School maintenance of the School groutids. They feel they should grounds purchase a gang mower, 5 reel, and put a man on full time mowing the school grounds in the summer. They asked if we could handle it and this led to further disnussion of whether or not the Town coeld handle the maintenance of all school grounds. At present, his department handles the Recreation areas and some other areas, but most of them he doesn' t. The question was asked how much personnel and equipment it would take to maintain the grounds except clearing of snow from the walks. Mr. Carroll stated gang mowing only Bridge School, Estabrook, Franklin, Hancock, Hastings, Muzzey and Sentor High School - one man and one gang mower, $9,000. The question was asked how much would it cost to take over the complete maintenance, and the answer was seven men, a pickup truck and equipment, total would be $59,500.00. Mr. Maclnnes is going to discuss this with the School Committee, and the Committee does intend to meet with the Selectmen about this problem. Mr. Sheldon stated this would mean a reduction in the School budget and an increase in Public Works' budget. Mr. Carroll stated that they are not doing a good job, and his department does a good job. The Chairman stated Mr. Cdrroll had met with Mr. Maclnnes after their meeting, and Mr. Maclnnes stated he didn' t care how the matter was handled. They are not doing the job they would like to as it is presently done by t$e custodians. Mr. Sheldon asked if there would be any conceivable reimbursement. Mr. Cataldo stated he felt it should be in the School budget. The Chairman stated a charge-back system should be established to show up where the cost belongs. He agreed that the Public Works would do a better job, and also felt that it should be charged to the School Department. Mr. Carroll stated again that Mr. Maclnnes would bring it up to the School Committee. 1 • co 318' n Public Mr. Carroll, with reference to the Town Barn, stated Works that they are in a position right naw where he felt if Building there was a snowstorm, they would be in serious trouble. That they were at least one monthaway from occupying one part of the building. He stated he had brought the subject up before about renting some part of the Maney property for $100 a month, and he would like to do it. The cost could be charged to the Public Yorks Building. The Chairman asked if Mr. Carroll had checked with Mr. Perry, the Comptroller. Mr. Mabee asked if it would be for a couple of Months, and Mr. Cataldo replied until April. Mr. Carroll stated they would like to put the summer equipment in there, that they wouldbe in trouble if they didn' t. Upon motion duly made and seconded, it was voted to authorize the Superintendent of Public Works to reserve the space necessary until the Town building is ready. Mr. Carroll stated the contractor is far behind, that it would. be March first; part of the building would be ready by December 20. Pole Mr. Carrolliinformed the Board that he had looked at location the pole in Depot place, and he approved the location which was referred tolhim last week. Upon motion duly made andseconded, it was voted to authorize the Chairman to sign the petition. Mr. Gray stated he had a request for a transfer of 1 Transfer $10,330. 73, Interest on Town Debt, due to a shortage of cash. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $10,330.73 to the Interest on TWown Debt Account. Mr. Gray reported he had received a call from Mr. Tropeano who stated there would be some buildings built in the spring between Maguire Road and the entrance to Extension Hansoom Field.. He wished an item in the budget to extend of sewer the sewer on Hartwell Avenue. Hartwell Mr. Carroll stated the sewer will cost $110,000 and Avenue Water, $75,000, very little that is assessable, as it is land that cannot be developed. Mr. Sheldon stated all that can be done is to put it in the budget. Mr. Cataldo stated there should be some assurance of a return to the town. Mr. Gray stated he would come down and talk to the Board. Mr. Sheldon stated it would be improving property with no return to the Town, and felt the whole subject should be pursued at budget time, and find out what 319 assurance will be given The Chairman read a letter from the Commonwealth of Massachusetts, DPW, from Joseph Linhares, Office Conveyancer, relative to a taking made of a parcel of registered land from Frederick Heinrich and Catherine Heinrich and said Partial land was designated in the Order of Taking and Plan as release Parcel No. 12-1 and the amount of land taken was 288 Square sewer Feet of land.. Assessaat Mr. Sheldon stated that they only wanted their portion of the land cleared, just wanted a clear title. Mr. Legro said that was correct. Upon motion duly made and seconded, it was voted to grantlthhe partial release of sewer assessment. The letter was referred loo Mr. Legro for his attention. Mr. Gray reported he had received a call from Mr. Conroy asking that the Ledgelawn Avenue Brook be on the Agenda for tonight. He sued he had talked with Mr. Conroy and that he was coming in. He presumed the group present Ledgelawn was from LeOgelawn Avenue. Ave. Mr. Paul Bentley, 9 Ledgelawn Avenue, stated he Brook would request the Board to take into consideration, for next year' s budget, the brook behind Ledgelawn Avenue. He felt it was a health hazard, was very likely plugged up as it usually is in the fall with leaves , etc. and 11 there were rats there . They do get a number of mosquitoes. He stated he had some pictures which the E Board might like to look at. He stated it is dangerous to the children in the area. Mr. Mabee asked when these pictures were taken and the reply was last week. Mr. Carroll asked if the Town had an easement along the brook, and stated the Town had a sewer easement but no drainage easement to his knowledge, and if the brook were to be piped, it would take a large easement. Mr. Anthony Delete, 38 Ledgelawn Avenue, stated he could verify Mr. Bentley' s statements. There are rats there, plenty of them. He said when the old coal barns were torn down, he spoke to Mr. Maloney at that time, which was twelve or fourteen years ago, and it is still not piped. He stated they disposed of the rats by putting poison out every day, that the people did not dare to leave the children out without supervision, that the rats came up to the front walk. He felt it was adking for very little The Chairman stated he assumed most of the people present lived on Ledgelawn Avenue, and asked if there was any dissention. Mr. Gary C. Koger, 55 Ledgelawn Avenue, stated there is considerable variance of opinion as to the character of the brook. He stated his house is very close to the brook, 30 to 50 feet from the rear of the house. He has kept it clean and hasn't seen any rats . There is a 3U 2C cs significant hillside and rather substantial bridge. The main point he wished to make is the scenic attraction; there is a variable flow of water He stated there has been a significant increase in the quality of the water from the time when the sewers were extended. He said he would be very interested to what extent sewerage is being pumped into the area, and to control the stream with regard to the sewerage being in it. It is an attribute worthy of preservation. The Chairman asked what percentage of the street is connected to the sewer, and Mr. Carroll replied it is very high, but there is no pollution from that specific area. The Chairman asked Mr. Conroy if he wished to speak and Mr. Conroy stated that he had just prepared the list to be put on the Agenda, that he had nothing to say. The Chairman read a letter from Elizabeth H. Muench, 33 Ledgelawn Avenue, who was very much in favor of the brook not being piped. Another resident stated that two dogs have died from that brook from eating the rats . A veterinary vouched for this, an autopsy was performed on one of the dogs, and the report was that the death was caused by poisoning from eating the carcasses of the rats. Mrs. Rossi, 15 Ledgelawn Avenue, stated her property gets flooded after a large rain storm, from the drains & underneath the Town Barn. He stated there is an ugly pool there. Mr. Bentley stated something will have to be done, that he would have to put up walls so that his children can play safely; either he would have to do it or the Town. The Chairman asked if the Town had the right to go in there, and Mr. Legro replied he would have to look and see what the situation is , and stated the Town has certain easements along Vine Brook. Mr. Carroll stated they have the drainage Act. There is one easement at #9 and one at #43. Mrs. McCallum, 245 Bedford Street, stated the men come up from the Town and throw the trash up the bank, leaves, tires, eta, Bhe has raked it up and put it in barrels. McCallum' s bank is seven or eight feet high, and comes right down towards Bentley' s property, at #9. Mr. Bentley said his bank is six feet high. The Chairman stated the Board would take the matter under advisement tnd get recommendations from the various departments. Mr. Carroll said, for the record, there should be some recording of those who are in favor of piping the brook and those who are opposed. Mr. Gray took the poll: (quote) 321. FOR PIPING Paul Bentley 9 Ledgelawn Avenue Elizabeth Bentley 9 Ledgelawn Avenue Rochelle Rossi 15 Ledgelawn Avenue Hugo Rossi 15 Ledgelawn Avenue D. McCallum 245 Bedford Street Norma Walsh 8 Ledgelawn Avenue Edward J. Walsh 8 Ledgelawn Avenue Joseph T. Mulcahy 36 Ledgelawn Avenue Kathleen L. Mulcahy 36 Ledgelawn Avenue Anthony Delsie 38 Ledgelawn Avenue Against PipinE Gary C. Koger 55 Ledgelawn Avenue Barry W. Koger 55 Ledgelawn Avenue Meredith A. Ellis 42 Ledgelawn Avenue Mr. Anthony Delsie stated that the brook has not been 1 cleaned by the Town. He stated he was hesitant when he bought the place that the Town cleaned the brook twice a year, that it has never been done. Mr. Carroll stated that the Town does not have any regular schedule to clean the brook. The Chairman stated this meeting is not a regular hearing, it is just an informational hearing. Chief Corr, Lexingbon Police Department, met with the Board. He stated there are three names on the Captain' s list. The Chairman read the names : 1) Paul E. Furdon; 2) Robert G. Martin; 3) James J. Lima, Jr. Appointment Chief Corr Stated he would make a specific recommendation that #1, Lieutenant Paul E. Furdon, be appointed Captain, effective this Friday, Novmmber 11, 1966. He was made a patrolman on October 31, 1952, fourteen years with the Department; Sergeant in 1955, and Lieutenant in 1962, Lieutenant Investigator in March, 1965. Presently Lieutenant Furdon is acting as a Captain and is e12e in charge of the Bureau of Criminal Investigation. Both of the other applicants are qualified as well, but Chief Corr asked if the Board would consider Lieutenant Furdon as Captain. Mr. Sheldon asked if there was only one appointment II at this time. Upon motion duly made and seconded, it was voted 322 el to appoint Lieutenant Paul E. Furdon to the position of Captain in the Lexington Police Department, effective Friday, November 11, 1966, subject to the approval of the Division of Civil Service. Letter from Mrs. Elizabeth C. Whitman, 9 Demar Road, Mowing relative to mowing Town fields, was held over. Town The Chairman staked this has not been checked out fields yet, and it would be held over until the next meeting of the Board as it would have to be chekked as to Conservation land.. Petition requesting accephance of the portion of Rolfe Road Rolfe Road running northerly from Fessenden Way to the petition end of the newly paved section, was received from Mrs. Uri Ra'Anan, 7 Rolfe Road, and Mrs. Martin Nissell, 8 Rolfe Road This petition was referred to Mr. Carroll, Super- intendent of Public Works, for his consideration. The Chairman read a letter from the Playground Fence - Committee of the Adams School P.T.A. relative to the Adams Board's previous letter of July 13, 1966, regarding School a fence a the Adams School Playground. playground Mr. Sheldon inquired as to the cost of the fence, and Mr. Mabee asked who built the fence attthe Muzzey Jr. High School. 111 Mr. Carroll stated the distance is about three hundred feet, and Mr. Cataldo felt it was more than that. Mr. Cataldo asked what activity is out there; that the Town is not going to enclose the four sides. He said it is not a similar situation to the other schools. He suggested writing the School Department to see what they say. He stated the charges they made in their letter are unfounded. Mr. Sheldon felt the Board should handle this. Mr. Cataldo stated the Massachusetts Avenue fence wasn' t to protect the children but to prevent the ball from rolling out. He said no ball is going to go on the railroad tracks, and even if there were a fence, the children will go around it, and he felt the arguments they presented were pointless in this case, that there was only one freight train a week. The Chairman moved for reconsideration, and stated it would not be voted on Awnight. Mr. Gray was asked to check with the School Com- mittee and to write the Boston & Maine Railroad for its schedule of trains, freight as well as passenger. Upon motion duly made and seconded, it was voted Pole to sign petition from the Boston Edison Company and locations the New England Telephone Company for the following pole locations: Worthen rRoad, northwesterly side, southwesterly from a point approximately 680 feet 323 southwest of Bedford Street, -- 1 Three poles. Letter from the Cdmmonwealth of Massachusetts, D.F.W. relative to snow removal on Route 2A, Town Gap, 0.20 Miles. The Chairman stated this tomes up each year and Mr. Carroll approves of it. Upon motion duly made and seconded, it was voted to Snow continue the arrangement whereby the State plows the removal entire length of Maple Street and the Town removes the snow from all of Massachusetts Avenue, as has been the policy in the past. The Chairman read a letter from Joseph J. Volante, 82 Lowell Street, relative to flooding conditions on Drainage, Lowell Street, in which a copy of a letter was enclosed Lowell St. to Mr. Carroll regarding this matter. Mr Carroll stated there is a culvert which has been there for several years, but it has nothing to do with the flooding conditions. He stated somewhere along the line , as he understood it, Busa on the low side uluPPed it up and it doesn' t drain as well as it fprmerly did 'There is a drainage problem on Lowell Street, but it has nothing to do with the culvert. Mr. Sheldon asled if the culvert shouldn' t be kept open. Mr. Carroll said it probably should, but felt the Town should stay clear of it , it isn' t needed; that there is no water on Busa' s side. Mr. Sheldon stated whatever Mr. Carroll recommends will correct it. The Chairman requested that Mr. Carroll prepare an answer to Mr. Volante' s letter . The Chairman read a letter from Mr. Joseph J. Volante, 82 Lowell Street, relative to a complaint regarding the Board of Appeals' action with reference to Sun Valley Farm on Lowell Street. Complaint Mr. Sheldon stated he was at the meeting, and no one was denied an opportunity to speak. The abutters are always notified, that an effort was made the night of the hearing to eliminate discussion, but no one was denied an opportunity to be heard. The Chairman stated that the Board appoints the Board of Appeals but has no control over them. Mr. Cataldo stated the Board should give the Board of Appeals a vote of confidence, and should find out if this was true. Mr. Sheldon said it should be investigated, maybe there are some who are not considered abutters. The Chairman stated he would answer both letters. l i _ In aK Statement from the Department of Public Works, Comm. of Mass . , showing the 0Ependitures made for Chapter 90 or on account of work covered by Memorandum of Agree- Memorandum ment between the Department of Public Works and the of Agreement Town of Lexington, Contract #33i83, was read by the Chairman. Upon motion duly made and seconded, it was voted to sign the agreement. Letter from Miss Barbara Gilson, 19 Parker Street, registering complaint relative to the use of Parker Field for a Carnival during the Labor Day weekend, was read by the Chairman. Complaint - Mr. Sheldon stated he felt Miss Gilson was right Use of in part of it, as far as granting a kermit, but he Parker saw no reason why the work could not be done during Field the daytime. He felt it should not extend into the evening again, that it could be done in the daytime; it was just a matter of time and money. The citizens have some rights, and the Legion should conform to rules and regulations. The Chairman stated he would answer the letter, stating that all applications for the use of the field will be taken on merit and the Board will be more stringent in the use of the field. Mr. Sheldon suggested when they apply for a permit, state there will be no erecting after 6:00 F.M. , that they were hammering at 11:00 P.M. The Chairman stated they will be stopped after that time; what they did was Unreasonable. The Chairman read a letter from Arthur E. Burrell, C. D. Director of Civil Defense, requesting the Board to appoint- appoint the following individuals as Operators in the ments Civil Defense Communications section: Paul Finnerty 229 Pollen Road Alan Hadley 31 Robbins Road Peter Nesbed.a 10 Blodgett Road James O'Neil 77 Robbins Road. Upon motion duly made and seconded, it was voted to appoint the above named individuals as operators in the Civil Defense Communications section. The Chairman read a letter from Mr. Donald E. Nickerson, Chairman of the Board of Appeals, with Resignation reference to the resignation of Mr Munroe H. Hamilton as an Associate Member of the Board of Appeals, and requesting the Board to provide a replacement. The Chairman stated he would talk with Mr. Hamilton. Mr. Sheldon said an effort should be made to retain Mr. Hamilton. 325 Letter from the Women' s American Ort, Battle 11 Green Chapter, Waltham, Massachusetts, relative to holding a bazaar on Parker Field on May 21, 1967, with an alternate date of May 28, 1967. Mr. Alan Adams stated these dated are on Sundays. Use of Mr. Sheldon asked if this didn' t come up last Parker year and Mr. Gray replied they didn' t use the field Field 1 last year. The Chairman stated that they had permission to use their own property He instructed Mr. Gray to follow this matter through, to get the hours thdy want to use the field and to inform them that we have reservations for Sunday. Mr. Burnell stated this is regional rather than local. Licenses Upon motion dulytmade andseconded, it was voted to grant the following First Class Agent' s licenses: Licenses Lexington Auto Sales, Inc. , 409 Mass. Ave. - renewal Lawless-Mawhinney Motors, Inc. 581 Marrett Rd. " Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting Minutes held. on October 31, 1966. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- matters which, deliberating or voting on if made public, might adversely affect the public Executive security, the financial interest of the Town or the Session reputation of any person. Following discussion with Mr. Legro, Town Counsel, relative to an easement, Mr Carroll relative to the Visitors' Building Funds, and Lots on Grassland Street it was voted to resume the open meeting. Upon motion duly made and seconded, it was voted to adjourn at 9:34 P.M. A true record, Attest; t )76°/"4"Li � oni Clerk, (gelectme / II I