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HomeMy WebLinkAbout1966-08-08-BOS-min 19i SELECTMEN'S MEETING August 8, 1966 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, August 8, 1966, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Cataldo, Sheldon and Mabee were present. Mr. Gray, Executive Assistant, Mr. Legro, Town Counsel, and the Acting Clerk were also present. At the request of Miss McDonough, Town Clerk , four jurors were drawn as follows : Jurors Alfred I. Simon, 14 Hickory Street Philip P. Spenser, 65 Cary Avenue Charles E. Hill, 159 Burlington Street Roland A. Forgue, 12 Lawrence Lane At 7:30 P.M. , hearing was declared open upon the petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate one pole in Paul Revere Road. Notices of the hearing were mailed to the petitioners, owners of the property as listed on the petitioners' plan, and also filed with the Superintendent of Public Works. Mr. Russell A. Pratt, Boston Edison Company, and Pole Mr. Cooley, New England Telephone and Telegraph Company, location were the only persons present at the hearing. Mr. Pratt explained the pole is to close the gap and decrease the span between the poles between Paul Revere Road and Greenwood Street. Mr. Cooley spoke in favor, and no one appeared in opposition. Hearing was declared closed. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the follow- ing pole location: Paul Revere Road, southerly side, opposite Greenwood Street, -- One pole. Hearing was declared open upon the petttion of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate one pole on Cambridge-Concord Highway. 1 196 3 N n Notices of the hearing were mailed to the petitioners, owners of the property as listed on the petitionerst plan, Pole and also filed with the Superintendent of Public Works. location Mr. Pratt explained this is a temporary pole during the reconstruction of the Cambridge-Concord Highway. Mr. Cooley spoke in favor, and no one appeared in opposition. The hearing was declared closed, and upon motion duly made and seconded, it was voted to grant the peti- tion and sign the order for the following pole location: Cambridge-Concord Highway, northeasterly side, approxi- mately 185 feet southeast of Lawn Avenue, -- One (1) pole. Mr. Legro reported that he had another petition for a temporary pole at the Moreland Avenue School site. He stated beginning with this one, any others will go back to the Boston Edison Company. He stated these petitions are the province of the Board of Selectmen. Pole He said a vote was made, subject to this approval, at location the Selectmen' s meeting of July 11, and in case the Board hears anything about it, he has talked with Mr. Gula of the Boston Edison Company and given verbal author- ization for installation of the poles and they are waiting for the papers. The School Superintendent will forward them tomorrow to the Boston Edison Company. Mr. Pratt stated these were poles on private property. Messrs. Pratt & Cooley retired at 7:14.3 P.M. Mr. Legro referred to the Blue Cross-Blue Shield contracts which he felt should be checked in the Selectmen ' s Blue-Cross- Office. There have been substantial changes made by the Blue Shield Blue Cross, and he felt they should borne back to the Board. They are all right as to form, but are not approved as to the contents. Mr. Gray has checked with Miss McDonough, Town Clerk, and the changes are due to Medicare. Mr. Legro stated this is all right, but they have made other changes which need comparison with the other contracts. Mr. Gray was authorized to check these contracts and send them in when approved. Mr. Legro referred to Hobbs Brook Basin and stated there is a restraining order issued restraining the defendants, DeMatteo, the Water Department of the City of Cambridge, from carrying on business in the Town of Lexington by excavating, 197 stripping soil and selling it. The Judge refused to make a blanket order against removing soil on the question whether the City of Cambridge had the right to eni1rge or expand. Mr. Sheldon stated they are prevented from selling Hobbs gravel but he presumed they could take it out and give Brook it away. Reservoir Mr. Legro stated he was not sure of the position it leaves the Town in at the present time. The final form was handled by the counsel for DeMatteo, and, he presumed they will continue to remove it. There is an existing contract between the City of Cambridge and DeMatteo for thisaselling of gravel. Mr. Mabee stated there was no approach to the Board of Appeals. Mr. Legro stated from the beginning, he has asked for their legislative basis for the right, and it never came to court. He stated he doubts if it exists, as it could be produced if it did, but the court would not issue an order. The Chairman stated everything is being done to protect the Town, and all the Board can say is that it has been placed in the hands of Town Counsel. Mr. Legro stated there would be a hearing on August 18, based on this order. The Chairman inquired if at that time would the City of Cambridge be asked to bring a statute to cover this. Mr. Legro stated that he would ask that they produce this. This is just a temporary restraining order. They are taking out eighteen truckloads per hour, 7100 cubic yards per day. We have the temporary order authorizing them to remove 5,000 cubic yards per day. The Chairman stated the Town is taking the only course open to it. Mr. Legro stated he would want to consider as to how they proceed and the quantity they are removing and pro- ceed accordingly. The Chairman stated the problem has been given to Town Counsel and he will tin the steps necessary to protect the Town' s interest within reason. Mr. Gray reported he had a letter from Mr. Conroy on behalf of Mr. Melbye, James Street, for lots 1 and 2 James Street, Lot 57 on the Assessors ' map, containing an acre. Tax title He stated the Board had previously been offered $150 James Strad to $200 for these lots, and had turned them down. The Planning Board has no objection to them being sold. Mr. Melbye has not made any offer. Mr. Sheldon suggested that the Board advertise again. Upon motion duly made and seconded, it was voted that the Board advertise these lots again. 198 The Chairman read Memorandum of Agreement, Common- wealth of Massachusetts, Department of Public Works, for Chapter 90 Chapter 90 work on Waltham Street. Agreement Upon motion duly made and seconded, it was voted to sign both copies of the Memorandum of Agreement for Chapter 90 work on Waltham Street, 2255 feet. Both copies were checked by Mr. Legro. The Chairman read a letter from Mrs. H. Kelvin Magill, 5 Cedarwood Terrace, signifying her willingness to accept Award of the award of damages of $100 offered for the easement damages through her property. The letter was referred to Town Counsel who stated he would prepare a confirmatory deed. Letter from the Lexington Chamber of Commerce rela- tive to the opening time for Visitors' Center on Sundays was read by the Chairman. Vizitors' Mr. Sheldon asked if the Chamber of Commerce was Center in favor of keeping the building open. Mr. Burnell asked what time. Mr. Sheldon suggested trying it for the balance of the summer. Upon motion duly made andseconded, it was voted to have the Visitors' Center open on Sundays from 10:00 A.M. until 5:00 F.M. The Chairman read a letter from James B. Catalano, 643 Waltham Strat, relative to the condition of the barn Complaint located at 673 Waltham Street. Upon motion duly made and seconded, it was voted to refer this letter to Mr. Irwin, Building Inspector, and ask for his report. Notice from the Commonwealth of Massachusetts, Department of Public Utilities, relative to an investi- gation to be held regarding the regulations, practices, DPU Hearing equipment, appliances or service of the New England Telephone and Telegraph Company. A hearing will be held by the DPU in its hearing room, 100 Cambridge Street, Boston, Mass. , 12th floor, on Wednesday and Thursday, August 10 and 11, 1966, at 10:00 A.M. This notice was referred to Mr. Gray, Executive Assistant. The Chairman read a letter from the Commonwealth Hobbs Brook of Massachusetts, Department of Public Works , relative Reservoir to the request of the City of Cambridge for permit to Permit gain direct access onto Route 2 in conjunction with their intention to widen and deepen the Hobbs Brook Reservoir. 199 The letter informed the Board that the Board of Commissioners, at their meeting held on August 2, 1966, voted to grant this permit to the City of Cambridge. The Clerk was instructed to place the letter on file. Applications for Certificates of Incorporation were received from the Secretary of State. Upon motion duly made and seconded, it was voted Certs. of to sign the Certificates on behalf of the following Inc. individuals, satisfactory character references having been received from the Chief of Police. Harry A. Hall, III, 10 Patriots Drive Samuel McKrensky, 11 Ballard Terrace Priscilla Pennock, 7 Hill Street Hugh M. Chapin, 3 Juniper Place Bernard Bruce, 11 Chase Avenue The application on behalf of Richard L. Jenkins, 286 Bedford Street, was returned to Mr. Kevin White' s office as the Board was informed by the Police Depart- Cert. of ment that this individual now resides in Natick, Massa- Inc. chusetts. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign Liquor Purchase Identi- I. D. Card fication Card on behalf of Marlene Fraser Catron, 300 Woburn Street. Upon motion duly made and seconded, it was voted to grant John D. Brucchi, 63 Paul Revere Road, an Lffiaehse Auctioneer' s License. Upon motion duly y made and seconded, it was voted to approve Selectmen' s a the minutes of the Selectmen s Meetings Minutes held on July 25, 1966 and August 1, 1966, as amended. Upon motion duly made and seconded, it was voted to appoint Election Officers for 1966 - 1967, terms expiring September 1, 1967: Election Officers ELECTION OFFICERS 1966 - 1967 R Ilda J. Field R Agnes Heimlich 30 Chase Avenue 796 Massachusetts Avenue D Helen L. Perry R Marjorie E. Wirpio 16 Ellison Road 22 Bartlett Avenue I 200 G7 ELECTION OFFICERS 1966 - 1967 (CONT'D.) D Michael Lovezzola R Alice G. Marshall 242 Waltham Street 9 Independence Avenue R Mary E. Clifford R Helene L. Ignico 54 Chase Avenue 18 Outlook Drive D John McDonough R Sally S. Hooper 54 Woburn Street 282 Bedford Street D Randall W. Richards R Edna R. Anderson 67 Farmcrest Avenue 21 Leonard Road D Mary G. Oliver D Eileen J. Fradette 610 Waltham Street 35 Grapevine Avenue D Elizabeth F. Downey D Joseph O. Rooney 1 Stimson Avenue 51 Grant Street D Henry F. Meade R Dolores M. Swan 6 Raymond Street 24 Bedford Street R Nellie I. Batstone D Mary J. Ferry 49 Bartlett Avenue 50 Downing Road R Ida B. Fiske D Margaret M. Hartery 10 Spencer Street 12 Cary Avenue R Florence M. Boone D Mary A. Spellman 112 Bedford Street 24 Shirley Street D Marjorie Modoono R Mary G. McCauley 285 Woburn Street 75 Spring Street The Chairman read application from Christopher Cady, 41 Grant Street, for thtiuse of Cary Hall for a Use of dance on August 12, 1966. Cary Hall Mr. Cady had been requested to attend the meeting this evening with his sponsor to discuss the application, but as no one appeared, the Board unanimously voted to deny the application pending further information. Upon motion duly made and seconded, it was voted Executive togointo Executive Session for the purpose of discussing, Session deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interest of the Town, or the reputation of any person. 2 t. Following discussion of property on Hartwell Avenue, property of Lloyd on Cedar Street, status of Mr Cummings' house, Robert' s property on 128, it was moved to resume the open meeting. The Town Report Committee, Messrs. Zehner, Chairman, Baylies, Mitchell and Mrs. Hudson, met with the Board at 8:35 P.M. Mr. Zehner stated the Committee understood its re- sponsibility was to study the Town Report and report back to the Board; then to carry on the responsibility of getting it out, and to bring into focus all the program. First of all, define the purpose and determine our ordinances; three points of ordinances and three points of purposes; 1) To use the Annual Report for Historical references and Statistical purposes 2) Town Meeting Members; 3) Co-operative report informing its stockholders and their annual report as to current purposes and problems. If we don't capitalize for communication, it loses its potential. We propose to combine these in one publication. A) Photos, charts and tables ; B) dull titninteresting part. Part A would be negative; In this part we would like to use many photographs. In the Health Department, I would like to see them use a copy of the Tombstone showing the passing in a week of a family with smallpox; Police Department, names of a few of them. The Public would like to have this information. Interfaith Meetings, photos of new buildings, photos of each committee, the Board of 1946 with the current Board, twenty years later. He stated they would pin down theresponsibility for writing the material. The report will be essentially the same but more attractive. As to cost, the only basis on which it could be held in line would be to shift to an offset job. He stated he had figures from Spaulding-Moss. A 480-page booklet printed upon folded paper, the actual process of the printing only, assuming all the typing has been done, for $1,896. 1,000 copies of A and 400 copies of B. They were careful to point out it was a budget estimate, but it is within the range of $2,000. If two colors are used on the cover, thre will be an additional charge of $45.00, $4.50 for each chart. This price is possi- ble only because of the shift to offset. It doesn' t include typing or retyping. $3300 was the appropriation last year, of which $607 is unexpended. This could be used to do typing and hiring a typewriter, and the staff could do this; probably involves hiring outside help. The problem is to process material and get it typed, the Comptroller' s balance sheet and expenses by January 5. He stated he has checked with Mr. Perry. He said they had a good committee and they would do a good job, a credit to the Town. The size of the book is unresolved, whether it would be 6" x 9" or 8-12" x 11", but he would assume the responsibility of this as Chairman. 202 ac CI Both sides will give their best to give the Town a favorable report, and he would check with the Board again to see which size to use. The committee had thought about segregating A & B and separate A, which would be distributed to more people. $14. 40 for each 100 copies if 6" x 9" and $24.00 for 100 if 81" x 11" . Mr. Gray stated a copy would be delivered to each family in Lexington. Mr. Burnell asked if the Town was obligated to mail each home a copy, and the answer was in the negative. Mr. Zehner stated the report is going to be subtle to make it positive that Lexington is a nice place in which to live. Mr. Sheldon stated he liked the idea very much. The A part can be done as indicated. The TMMA wants the B part. He stated he would be happy to read the A and forget the B. Mr. Burnell stated this would be available March 1, 8 or 15. Mr. Zehner stated this may be too hopeful, but in the committee' s relations with Mr. Perry, it found him to be most cooperative. The Chairman stated every department comes up with statistical information and asked Mr. Zehner what he would like from the Board tonight. , Mr. Zehner asked if the Board accepted the pro ram as it was outlined, and Mr. Sheldon stated he was very much in favor of it and suggested that the Board try it for one year for it can be changed or continued. Mr. Mabee said he was very much in favor of it as well, and Mr Cataldo stated there was no question in his mind, and asked about extra copies. The Chairman asked the cost of laying this out. Mr. Zehner stated again they would have to have someone to do the typing, and the Chairman said there would be the Cental of the typewriter. Mr. Gray said the cost could come out of the appropri- ation foto the report. The Chairman stated the Board would leave the matter up to the committee, that there is $600 left in the account, and asked for Mr. Legro' s opinion if this could be used. Mr. Legro said he could not answer that question. Mr. Cataldo stated he would not authorize any money until the committee comes back again. The Chairman stated if we could use this money, we would have to akk for another transfer, and Mr. Cataldo replied that today we do not know what we need. Mr. Zehner reported this is a progress report, and the committee would be cack in September or rearly October. He asked for the Board's thinking on Part A, 1,000 copies of A and 400 copies of B, $1,896. 2WI Mr. Sheldon suggested that the committee come back and give the Board an estimate and tell what it will cost. Mr. Zehner asked if the committee went to 81/2" x 11" , did the Board want to review this. The Chairman stated the Board would look forward to seeing the committee in September. The Town Report Committee retired at 8:50 P.M. Messrs . Noyes, Peckham, Gary, Kenney, York and Mrs. Souza of the Appropriation Committee, and Mr. Sussman, Chairman of the Conservation Commission, met with the Board. Mr Sussman stated some of the items pertain to certain land upon which information is best kept in Executive Session with just the Boards present. The Chairman stated the Board would like just the items which would be in open meeting. Mr. Sussman stated recently the Department of Natural Resources had changed its regulations regarding appraisals. He stated Opinions of Value are less expensive than ap- praisals, which vary. Now, the Department states it wants two appraisals with each application and it will not con- sider any application complete without. In addition, the Department of Housing and Urban Development requires legal boundaries to be submitted. In 1965 when the Conservation Commission approached the Appropriation Committee, which was its first business, it asked for money for appraisals and it was told that the only funded source should be used through the Town and that was the Option Fund. He stated Swenson' s farm went along with an application which was an Opinion of Value--perhaps because it was open space. He stated on the land of the Trinity Covenant Church an Opinion of Value from Mr. Berglund was tendered to the Church and Hunneman & Company. The Department could go ahead with the purchase at the present time. this is the last parcel they would honor. On the West Farm, Mr. Sussman stated they had an Opinion of Value from Mr. Berglund and one other had been made, and as soon as the Planning Board, subject to the review of the Engineering Department , completes the boundaries of the tit Farm, he would be able to obtain a letter of counsel from the Federal Government. He hoped he would be able to get 50% back, after the letter of counsel. The Department of Natural Resources will not consider the West Farm. He stated that the Rosetti land, Whipple Hill land, DeCarlo, Red Coat, Pihli land, which is off Hathaway Road, all require full legal boundaries otherwise the De- partment of Housing and Urban Development will not consider the applications. A lengthy discussion followed on the amounts needed for appraisals on the properties. -of Natural Resources passed on this , and the Commission 204 CAD N4 CI In speaking of the Pih .L land, it was felt that the price should be lower, and Mr Cataldo stated the parcel is not worth $3,000. The Town would have to make a taking, so why take it for Conservation. Mr. Sussman asked why the Town would forego the reimbursement . Mr. Cataldo stated he was opposed toiaking any more land for Conservation purposes , be realistic. He stated he couldn' t see an inflated figure. Mr. Bussman replied that he didn't feel they would agree to purchase land which they felt to be an inflated figure just because reimbursement was available. The Chairman asked the Appropriation Committee, as- suming the Board of Selectmen made a request of $2700 to the Fund, would they see any problems with that. Mr. Noyes asked how much was in the fund, and the reply was $1850. He stated that there is an account for which there wee no commitments and felt they should come back later when the funds are gone and then ask for a transfer. Mr. Sheldon stated the Board should see how much of this $1800 is needed, and felt these appraisals should be made now. Mr. Noyes stated the Board should decide what it wants to do and submit it to the Appropriation Committee. Mr. Sussman stated the main question is the avail- ability of funds, and the Chairman asked what amount was requested for the transfer. Mr. Legro stated he had not seen any options except the West property, and stated that the Town Comptroller had to decideckthey raise questions which the Comptroller would like to decide, and he would ask the Appropriation Committee in and the Comptroller should be here. Mr. Gray is to check with Mr. Perry tomorrow and if the Comptroller wishes, to consult with TBwn Counsel. The Chairman stated there are three items. $500 for the West property; $800 for Rosetti and $800 for Hamilton. Later in the evening, the Chairman asked for a vote of the Board. It was a tie vote, and as Mr. Mabee had retired earlier, it was decided to defer action until the next meeting of the Board. Mr. Carroll reported on bids tor grading the play- ground at the Harrington School, and suggested awarding the contract to the James W. Flett Company, Inc. , the Contract low bidder, in the amount of $4.,190.00. Upon motion duly made and seconded, it was voted to award the contract for grading the playground at the Harrington School to James W. Flett Company, Inc. , the low bidder, in the amount of $4.,190.00. 205 Mr. Legro stated the contract lacks insurance certificates, corrections that could be made and sub- mitted to the contractor for approval. In view of the two weeks, interim period between now and the next meeting, he suggested that the Board sign the contract tonight. All copies were taken by Mr. Legro. The Chairman read a letter from Vernon C. Page, on behalf of the Follen Church, with regard to a water problem, which was held over from the last meeting at Water the request of Mr. Carroll. problem Mr. Carroll stated that he had talked with Mr. Pollen Page about the problem and they will resolve it. Church Mr. Carroll stated on the problem of the Town of Bedford, he hoped the Board had the report from Whitman & Howard, and in his report, he answers the question of Mr. Sheldon as to what the interim solutions to the problems might be. 1) No new additions to the Bedford System. During the week the Town of Bedford awarded Bedford a $97,000 School contract. It is tremendously important. sewer If they continue to add to their system, the problem will be aggravated. 2) We request the MDC to enforce their Town of Bedford Agreement - that no additions be made to the system outside the MDC area. Reduce the infiltration Mr. Carroll stated he would like to have the Board consider the first two points. No additions to the Bedford sewer system. It is important, and the Board should make every effort not to add to their system in any way whatever. He thought the Board could do business with the Town of Bedford and should contact Mr. Sulesky; again strongly urge him that Bedford should not put any sewers outside the sewer area. He also felt the Board should get publicity, as much as possible, in the Bedford paper. Mr. Burnell asked if the Board knew if the area within the Agreement has been built and the reply was, two-thirds of it. Mr. Cataldo asked how the contract could be cancelled. Mr. Legro stated that woald be a matter for Executive Session. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial Executive interest of the Town, or the reputation of any person. Session After further discussion of the sewer problem with the Town of Bedford, it was voted to resume the open meeting at 10:50 P.M. I/ 206 C4 n The Chairman read a letter from Commissioner Hibbs, 11Deprtment of Public Works, relative to the proposed Meeting - interchange at Watertown Street and Route 2 in Lexington. Route 2 & A meeting is to be held in Commissioner Hibbs, office on Watertown Tuesday, August 16, at 2:30 P.M. Street The Chairman stated he would like a member of the Board to go in with him, and suggested Mr. Cataldo and possibly Mr. Zaleski of the Planning Board. The Clerk was instructed to confirm the meeting. Mr. Carroll referred to an easement on Winter Street. Bedford Street up to the Winter Street trunk sewer . He stated that the owners had all be contacted and were Easement - in agreement. Mr. Carroll presented the plan and showed Winter St. the location to the Board. He explained this is the trunk sewer that was authorized by the Annual Town Meeting. Upon motion duly made and seconded, it was voted to proceed as outlined by Mr. Carroll. Mr. Carroll stated he would like the Board to authorize him to have slope easements drawn from Lot 9, Easements - JohpiAZadoorian, and Lot 10, Mark Moore. This would Grant St. complete all easements on Grant Street for sidewalks. sidewalk Upon motion duly made and seconded, it was voted to authorize Mr. Carroll to have easements drawn up as he proposed. Mr. Carroll briefly referred to construction of the trunk sewer from Emerson Road to Burlington Street, Easements and easements that would be required. Mr. Higgins is to meet with the owners Wednesday night . Upon motion duly made and seconded, it was voted to proceed as outlined by Mr. Carroll. Mr. Carroll stated he would like to see the State tomorrow on the North Street Trunk Sewer. The Board had no objection. Mr. Carroll reported on a meeting of the Traffic Traffic Committee. He stated there is money in the budget lights to put in Traffic lights at Massachusetts Avenue and Worthen Road. They have looked this over very care- fully with the State. They would like to reverse the "Stop" sign on Massachusetts Avenue and they think itis worth doing. They will try it on a 30 days' basis. He stated he had advertised. The traffic volume is getting larger on Massachusetts Avenue. He said they also feel there should be directional signs and that is a problem. Mr. Carroll would like to put signs signifying "Battle Green" and "Concord" . 0 207 Mr. Carroll reported on a request for a "Stop" sign at the intersection of Lillian and Anthony Roads. He Stop sign stated the visibility was good and the traffic flow was low. He stated he would not request the State to grant this. He reported that the Boston Globe had called about this. The Board was in agreement. Upon motion duly made and seconded, it was voted to adjourn at 11:00 F.M. A true record, Attest: cae-f e-4,--r /7f Act' g Clerk, Selectmen r L