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HomeMy WebLinkAbout1966-05-31-BOS-min ion SELECTMEN'S MEETING May 31, 1966 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, May 31, 1966, at 7:30 P.M. Chairman Cole, Messrs. Sheldon, Cataldo and Mabee were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant , Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present. Mr. Legro stated last week the Board referred to him the contract for the purchase of voting machines. Voting He reported he had redrafted the agreement, primarily machines to eliminate what he thought was unneeessary involve- agreement ment, the risk of loss on the Town from the time of signing the agreement until the time of delivery. He said he had not talked to the representative of the company, but planned to do so. Upon motion duly made and seconded, it was voted to sign the agreement as submitted by Mr. Legro. Both copies were taken by Mr. Legro. Mr. Legro said he had a deed from the Town to Hugo R. Maienza, et al, Trustees of The 1775 RHalty Trust for parcels A and B; Parcel A being Depot Square and Deed Parcel B being Edison Way. He said he thought he was ready now to compbte conveyance. Upon motion duly made and seconded, it was voted to execute the deed as submitted by Mr. Legro. Letter was received from A. Morris Kobrick, attorney for Lexland Construction Corp. , dated May 25, 1966, in regard to sttlement of damages arising out of the taking Lexland of the land at the corner of Woburn and Lowell Streets . settlement A copy of the letter was sent to Mr. Legro, Town Counsel. Mr. Legro stated, in accordance with the vote of the Board, he was in the process of obtaining the papers and would try and get this on the warrant for next Monday' s meeting. Mr. Gray reported receipt of a bill from Raymond International Inc. , in the amount of $135.00 for test borings at the Public Works Building, in connection with Bill for the proposed addition and alterations. borings Upon motion duly made and seconded, it was voted to approve payment of the bill, in the amount of $435.00, as submitted. 1.04 CAD n Mr. Gray reported receipt of a bill, in the amount of $4000, received from William A. Halsey, architect for Architect' s the Public Works Building. bill Upon motion duly made and seconded, it was voted to authorize payment of $4.,000 for professional services to May 27, 1966. Mr. Gray reported receipt of a request from the Lexington Liquor Mart, Inc. , for a change in the Manager from Victor B. Lithciardi, now deceased, to Josephine Licciardi. He explained he had contacted the Alcoholic Lexington Beverages Commission and all that is required is approval Liquor Mart by the Board of Selectmen. Upon motion duly made and seconded, it was voted to issue a new Package Goods. Store license to the Lex- ington Liquor Mart, Inc. , 184.9 Massachusetts Avenue, Josephine Licciardi, Manager. Mr. Gray said, at the request of Mr. Sheldon, he had Mr. Irwin, Building Inspector, make an inspection of the premises at 475 Massachusetts Avenue known as the Cummings' property to determine its condition. Mr. Cummings' Irwin' s inspection showed it is in the same condition it ' hearing was a year or six months ago. Mr. Gray said he bad a copy of the procedure to be followed, given to him by Mr. Legro, Town Counsel, which he read to the Board. He said on the basis of the Building Inspector' s report, it was his recommendation that the Board authorize a bearing on this building under Chapter 139, Section 1 of the General Laws. The Chairman said the first thing is to call a hear- ing and notify all parties . Mr. Legro advised written notice comes after the hearing. He said his problem was, and from his recollection, the owner was in and made some statements about it, and he thought the Board gave him a period of time. He said it seemed to him it would be better to hold a hearing, the Board make its detertination and then send a notice. Upon motion duly made and seconded, it was voted to amend the summer schedule by adding Monday, June 13, 1966. Upon motion duly made and seconded, it was voted to hold a hearing on the Cummings' property Monday, June 13, 1966. Mr. Gray requested permission to be absent from the Board' s meeting on June 13 so that he could attend his daughter' s graduation. The Board granted his request. Mr. Gray reported he checked with the Department of Taxation relative to the Federal grant on the Woodhaven 105 Sewer project. Mr. MacKinnon advised him that this could not be used to reduce this year' s tax rate. Mr. Carroll reported the Cemetery Department would like to run a water service into the old burying ground between #11 Harrington Road and #1949 Massachusetts Avenue. He said there is a right-of-way along Mrs. Whalents pro- perty and he believed the Town has rights in it and also Water ser- the people at 1949 Massachusetts Avenue have rightd in it. vice - Old He statdd to keep from digging the driveway, he proposed burying a five-foot easement through the existing right-of-way. ground He reported one of the Cemetery Commissioners contacted Mrs. Whalen and she will grant an easement to the Town, but he did not know if the Selectmen were involved or if this was something to be handled by the Cemetery Com- missioners. He said his department became involved be- cause someone had to draw a plan. Mr. Legro advised the easement would come to the Town and be under the control of the Selectmen unless it was placed in other hands . He said if the work is to be done by the Department of Public Works, he would think it should be in the Board of Selectmen. The Chairman asked if this was something Mr. Carroll could work out with Town Counsel. Mr. Carroll replied in the affirmative and said he thought the Board should know of the problem. Mr. Carroll stated last week some gentlemen from Cabot, Cabot & Forbes came in to see Mr. Gray. They were proposing construction of a building on Hartwell Avenue, northwest of Hartwell Avenue, near the Westview Street connector . They do not have access to any sewer main He said the Town put water and sewer in that area two or three years ago. At that time, it was indicated to the Town they would develop that particular corner. He ex- plained the sewer and water mains were placed where it was thought the construction was going to be at that time. He said the sewer is about 240 feet short of their pro- perty line, and the lot has been assessed for the sewer. The problem is how do they get sewer to the property. He said the amount of money available in the 1964 sewer account is an unencumbered balance of $39,000. The amount of money available in the 1965 sewer account is an unencumbered balance of $33,000. He explained he was going to recommend that the Board consider sewers this year that were rejected in the 1966 budget. He stated he was trying to say there are sufficient funds in the carryover budget if the Board wants to use it to construct this sewer which will cost $5,002. He explained the sewer goes towards the railroad tracks anddown to Route 128, almost to this piece of property. 0 N Mr. Cataldo asked if the main in Westview Street was large enough. Mr. Carroll replied it is a 12" main. Mr. Gray said these people are going to meet with the Planning Board right away and the business should be in there by October. He stated it will be a 30,000 square foot building and an application has already been filed with the Board of Appeals for a hearing as soon as possible. The concern is Western-Rotek. Upon motion duly made and seconded, it was voted to authorize Mr. Carroll to proceed with the installation of the sewer to serve the proposed building, subject to them going ahead with the Building. Mr. Carroll reported on bids for chairs and chair Chair bids trucks for Cary Memorial Hall. Upon motion duly made and seconded, it was voted to accept the low bid of $3,038.37 net submitted by Pettingill and Pear. Mr Carroll reported on bids for a sweeper, and recommended the purchase of two three-wheel Wayne sweepers Sweeper bids from Casey & Dupuis at its net bid of $22,200. Upon motion duly made and seconded, it was voted to accept the net bid of $22,200 received from Casey & Dupuis 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, Executive might adversely affect the public security, the financial Session interest of the Town, or the reputation of any person. Following discussion with Town Counsel pertaining to legal matters, and with Mr. Carroll relative to the Economic Opportunity Act, it was voted to resume the opera meeting. Mr. Legro retired at 8:14 P.M. Letter was received from^the Metropolitan Building Movers Co. requesting permission to move a building from Permit 67 Rose Road, Belmont, to 7 Webster Road, Lexington. Mn. Carroll said he thought this would be all right Upon motion duly made and seconded, it was voted to grant a permit to the Metropolitan Building Movers Co. to move a house from Belmont to 7 Webster Road, subject to the usual conditions. Notice was received from the State Department of Public Works with reference to a hearing to be given by the Department in the Concord-Carlisle Regional High School on June 8, 1966, at 8:00 F.M. relative to the 1O7 proposed reconstruction of Auto Route 2 with some relo- cations as a limited access State highway in the towns of Acton, Concord, Lincoln and Lexington, The Chairman asked Mr. Carroll and Mr. Gray to attend. Letter was received from Mrs. Gerald A. Guild, Tower Hill, Brimfield, Mass. , stating during a visit to the Common she noticed the flag was not flying. Flag Mr. Leon Burke, present at the meeting, stated that on the day to which Mrs. Guild referred, some repairs were being made to the pole. Upon motion duly made and seconded, it was voted to appoint the following individuasl as Operators in the Civil Defense Communications, as requested by Mr. Burrell C. D. in a letter dated May 20, 1966: Jeffrey W. Duncan, 85 appointment Woburn Street, Robert E. Ganshirt, 48 Fletcher Avenue and Kenneth Shufelt, 192 Burlington Street. Invitation to attend Flag Day ceremonies on Tuesday, June lL , 1966, at 7:00 A.M. was received from the Lexington Invitation Lodge of Elks No. 220k. Letter was received from the Stanley Hill Post #38, Inc. , requesting permission to conduct a Country Fair on September 2, 3 and 5, rather than September 2, 3 and L , as Fair previously requested. Upon motion duly made and seconded, it was voted to grant the request. Request was also received from the Stanley Hill Post, #38, Inc. for permission to conduct it second annual Horse Horse Show Show in Willard Woods on Sunday, October 2, 1966. Upon motioh duly made and seconded, it was voted to grant the request. Letter was received from Tarlow Associates (WHIZ) advising they are presently preparing a formal application to wire the Town with a Community Antenna Television System. Mr. Carroll retired at 8:18 p.M. Letter was received from Commissioner Charles H. W. Foster, Department of Natural Resources, advising Director Route 2 Gullion had discussed with him the Board' s reque tcommuni- cation with respect to the proposed interchange at Route 2. He said the department would be more than pleased to review the miter. He has akked the Director to continue to be responsible for this project. CO N I OS 2CCI Application for permission to conduct a dance in Cary Hall on June 27, 1966 was received from Paul Ferravesi 1468 Massachusetts Avenue, a member of the group known as "Dimensions" . ![r. Ferrasesi said Albert Hvuby was the Use of sponsor. He explained the dance is to raise funds with Cary Hall which to buy equipment for the "Dimensions" , a group of five musicians; four in High School and one attending Northeastern University. It was left that the group would find out exactly what it is going to do and how; then return to the Board at which time further consideration will be given the application. Application for permission to conduct a meeting in Estabrook Hall on June 14, 1966 from 8:00 P M. until 11:00 P.M. was received from the Lexington Mental Health Use of hall Association. Upon motion duly made and seconded, it was voted to grant permission to use the hall, free of charge, but subject to a fee for custodian' s overtime services. Taxi Upon motion duly made and seconded, it was voted license to grant Kenneth P. Kelley, Jr. , 11 Cedar Street, a license to operate a Taxicab within the limits of the Town. Upon motion duly made and seconded, it was voted I.D. Card to authorize the Chairman to sign a Liquor Purchase Identi- fication Card for Wayne A. Fisher, 48 Blake Road, satis- factory evidence of his age having been received. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen' s Meeting held on May 23, 1966. Mr. Cataldo reported receipt of a letter from Dr. DeNormandie regarding a meeting of the group study- ing the subject of waste disposal. A meeting will be held on June 7, but he said he would not be able to attend and he thought the Town should be represented. Meeting The Chairman asked Mr. Cataldo to give all the in- formation to Mr. Gray, and if he, the Chairman, could not make it, Mr. Gray would. Mr. Gray said the By-Law Committee was meeting that evening. The Chairman asked Mr. Gray to ask Mr. Carroll to attend the meeting, representing the Town of Lexington. Mr. Cataldo reported on the proposed landscaping for the Public Facilities Building. He said before any 109 planting is done, he would like to have the brick wall extended beyond the end of the building which would cost approximately $50. He said he would like to have an item included in next year' s budget for additional walks. Upon motion duly made and seconded, it was voted to authovite Mr. Carroll to extend the brick walks beyond the end of the Public Facilities Building. At 8:1. 0 P.M. , Mr. Legro , Town Counsel, Messrs. Sussman, Peckham, York and Smith of the Conservation Commission, and Mr.Mazerall, Park Superintendent, met with the Board. The Chairman asked if the Town would lose the right to Federal reimbursement if takings were made by eminent domain. Mr. Legro replied this was his understanding from the Conservation Commission. Nowehe understands they have a He saidhe had no answer at all; whatever new ruling. � , the he had came from Conservation Commission. The Chairman said if the Town takes the land for conservation purposes but by eminent domain it does not lose Federal reimbursement. Mr. Sussman said if the same procedure is used that Conser- has been used in the past as if it were not going to be vation taken by eminent domain and give the proper 90 day' s notice, then the Town is entitled to receive Federal funds if everything else is in order. He said it is his feeling and hope that when this program is funded again by the Great and General Court, the rules will be changed and the Town will be able to receive both State and Federal funds. This would not be retroactive. He said he has taken the proper caution of applying for both State and Federal funds and received a letter of consent from both before asking the Board to consider the purchase. Mr. Cataldo asked Mr Sussman to tell the Board ex- actly what the commission will have to do. Mr. Sussman explained he applies for State and Federal reimbursement He asks them to please send him letters of consent indicating the commission may proceed with the purchase without prejudice to the application. If there is any need to proceed with the purchase before the com- mission receives full approval of the application, the commission then sends a letter to the Selectmen asking that the land be taken. He said if he starts now, assum- ing a vote of the Town Meeting authorized it, and he put in the application, it might be a matter of a few months before he receives authorization to proceed with the purchase without prejudice. He said at that point he can ask to make the purchase. The Chairman asked to what extent the Town was obligated when it received Federal funds ; how much control it has 110 CO ri covering this land. He asked if people from all over the country could go in there and picnic there. Mr. Sussman said the Town is covered by the Civil Rights Act of 1964. In addition to that, the Town must allow others to use theland if they do so within the scope of the regulations that the local Conservation Commission establishes. It may establish regulations, issue permits and charge prices. c The Commission has not yet considered regulations, but it will. Mr. Cataldo asked if the Town could deny anyone the use of this land. Mr. Sussman said if it is within the scope of the regulations, the people are orderly, applied for permits, paid for the permit, etc. , then he did not think they could be denied the use. ZQr. Legro asked to what extent the use could be limited. Mr. Sussman replied almost as extensive as the imagination can conceive; structures on the land can be limited. He said the land is under control of the Con- servation Commission which should set up designs for the proper use of the land. Mr. Cataldo said if Lexington people were permitted to do certain things, people from Arlington could not be denied a permit to do the same thing. He asked if the 4-H Club had a permit to conduct a horse show, could the commission deny people from Arlington doing the same thing if they applied for a permit . Mr. Sussman said the permit would be $5.00 a year and everyone of them apply for a $5.00 permit; then it is not in use for another purpose, and third the commission can find no other conflict then it might be one of the uses allowed only at the discretion of the commission. Mr. Cataldo asked if Arlington people could be denied the use of the land if they met all the conditions. Mr. Sussman replied he was not sure at this point, but it is quite possible the commission could not. Mr. Gray said it was his understanding that where the Federal Government is involved, it might be that the use of the land could not be restricted to any .iresidents. He said his understanding of the Act is, if Federal funds are involved, the commission cannot deny the use of the land to any citizen regardless of where he lives. Mr. Sussman said that was correct except for use and differential charges. He said the commission is allowed to charge a nonresident considerably more than it would charge a resident . The Chairman asked if Mr. Sussman had any prices on the various parcels yet and he replied in the affirmative. 1 111 I He stated that on Whipple Hill, Rosetti owns something over four acres. The total amount of land is thirty-six acres. For the thirty-six acres the commission has a proper opinion of value of $3,000 an acre which would mkke it $108,000. There is $21,000 in the Conservation Fund and this leaves $87,000 The option with Rosetti is $2800 an acre and Mr. Berglund' s suggested price is $3,000. Mr. Rosetti does not own nineteen acres but owns something over four acres . Mr. Hamilton from Arlington owns something over fourteen acres of the nineteen acre parcel. He said there have been some discussions but he was not at liberty to indicate his statements. He said he had a strong feeling Mr. Hamilton is not, at this moment, willing to sell the land for any- thing near $3,000 an acre. Mr. Sheldon asked if this was part of the thirty-ax acres. Mr. Gray replied he has thirty-one acres. The Chairman asked if the total price for Whipple Hill was $108,000, and Mr. Sussman replied approximately $108,000. Mr. Mabee pointed out the most recent land the Town acquired in that general neighborhood was owned by the Goodriches, and he wanted to know if the commission had in- vestigated the cost per acre of that land and differentiate to him why this land under consideration now is so very much more. He said it is land of similar terrain, outcrops on it and is reasonably unaccessible. He said it was his recol- lection it was one-quarter to one-third per acre the cost the Commission is talking about. He said keeping in mind the bulk of the land on Whipple Hill was given the Town for $1.00 because if *as unbuildable. He said this trend is what worries him about conservation. Mr. Sussman said one of the things he has observed is that land which one would call unbuildlble some years ago has now become economically feasible to develop. The commission also has Mr. Ber lund' s opinion of value indicating that it was worth about $3,000 an acre. Mr. Cataldo said he would like to see the opinion of value . Mr. Sussman said it is asserted by the owner he has access from Winchester. The commission is in the process of making further investigation on its own to find out just what the rights are of the subdivider and the rights of the Planning Board where the rights have to be through another town. Mr. Cataldo asked why the commission was coming in at this Town Meeting if it doesn't have everything squared away. Mr. Sussman said the commission is in the process of having this squared away, and stated the developers from Winchester are coming closer and closer. .12 CADalt N Mr. Cataldo pointed out a taking could not be made for months to begin with. Mr. Sussman said that was correct, and right now they do have an option to buy and have the money to buy the land. The Chairman asked how much money, altogether, the commission was coming in to this Town Meeting for. Mr. Sussman replied $155,000, including additional money for Whipple Hill, money for the Hathaway Road and Red Coat Lane land. The Chairman said what the Commission is getting is $1 00 on the tax rate, and asked if it was the polic$ of the Commission to come in every year for $1.00 on the tax rate. Mr. Sussman replied the Commission has no policy. Mr. Sheldon said it has been rumored there has been some problem regarding the West property based on the type of vote passed at Town Meeting. Mr. Sussman said the only truth is yes it is true it has been rumored. The rumor is false. The people have not yet had a chance to act on the application. He said the Commission sees nothing wrong with the way it has been done. Mr. Sheldon said in the Commissioner' s opinion there is nothing wrong in the way it handled this which would prevent the Town from getting Federal funds. Mr. Sussman said that was correct; otherwise they would have done it differently. The Conservation Commission retired at 9:25 P.M. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters whihb, if made public, might adversely affect the public security, the financial interest of the Town, or the rep.tbation of any person. Following general discussion regarding the cherry sheet with the Board of Assessors, Messrs. Grush, Hoyt and Smith, it was voted to resume the open meeting. Upon motion duly made and seconded, it was voted to adjourn at 9:55 P M. A true record, Attest: �� e tiv Cler , Select n 1