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HomeMy WebLinkAbout1966-05-02-BOS-min 61 SELECTMEN'S MEETING 1 II May 2, 1966 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, May 2, 1966 at 7:30 P.M. Messrs . Burnell Cataldo, Sheldon 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. In the absence of the Chairman, Mr. Burnell conducted the meeting until the Chairman arrived at 7:40 P.M. At the request of the Town Clerk five jurors were drawn. Those drawn for jury duty were: Robert H. Hinckley, 2 Baskin Road, John Butler, Jr., 510 Jurors Waltham Street, Daniel P. Barba, 34. Gleason Road and Ernest E. Larkin, 8 Wachusett Drive. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate one pole on Franklin Road. Pole Notices of the hearing were mailed to the location petitioners, owners of property as listed on the petitioners ' plans and also filed with the Superin- tendent of Pgblic Works. Mr. Robert Dunn, representing the New England Telephone and Telegraph Company, was the only person present at the hearing. He explained this is an existing pole. The petitioner is just changing ownership being joint where it was single, owned by the Boston Edison Company. No one wishing to speak in favor or in opposi- tion, the hearing was declared closed. Upon mbtion duly made and seconded, it was voted to grant the petition and sign the order for the following j/o pole locations: Franklin Road, southwesterly side, approximately 125 feet southeast of Somerset Road, -- One pole. (This is an existing pole, no new pole to be set. ) Mr. Gray stated that Mr. York, Chairman of the Public Facilities Building Committee, has some final Pub. Fac. bills he would like approved. He read the bills as Bldg. Mlle follows: Baker' s $155.38; John P. Whalen Furniture approved Col, $195.00; Grover-Cronin, $L1.9.90; S. B. Green 6Z & Co. , Inc. $200.00. Upon motion duly made and seconded, it was voted to approve all the bills for payment . Mr. York, who was present at the meeting, said the only item remaining is the shutters. Mr. Burnell asked about lockers for the guides, and Mr. York stated money is available and he is wait- ing to hear from Mr. Burke, Director of Guides. Mr. Gray reported that the Traffic Study Committee is recommending no parking on Massachusetts Avenue on the southerly side from Waltham Street westerly for a distance Traffic of 125 feet. R & R Upon motion duly made and seconded, it was voted to amend the Traffic Rules and Orders of the Town of Lexington, Article V, Section 2 (No Parking) by adding to this section the following: Massachusetts Avenue - on the southerly side of Massachusetts Avenue from Waltham Street westerly for a distance of 125 feet. Mr. Gray reported receipt of a letter from Lauri A. Lindell asking if the Town would be willing to sell him Lot 60 (Assessors ' Map 21}) on Bridge Street. The Chairman asked if this was a tax title lot and Mr. Gray replied in the affirmative stating that no apprisal has been made. The Chairman stated the Board's policy has been, in a matter like t his; someone shows an interest in the tax title land and the Board gets the Planning Board's opinion then it advertises and states interest has been shown in this piece of property and bids will be received. He said in this case, Mr. Lindell appears to be the only abutter, but the Board would still follow this . Mr. Lindell, present at the meeting, said these houses which he bought from the State, one lot has a frontage of 50.49 feet which is on the curve. According to the rules if it is more than 50 feet that piece may need another zone. Therefore, he would have to have ten feet from the property line to the exterior wall of the house which he does not have unless he removes part of the house or the sun'vorch of one of the houses. The Chairman said if he obtained this lot he would make one lot by incorporating it with a lot Mr. Lindell already owns. Mr. Lindell said he would retain one 50 foot lot and make the other 100 feet. Mr. Cataldo asked how long Mr. Lindell could wait. Mr. Lindell stated the State requires the h. uses have to be moved within sixty days and he has less than sixty days. The Chairman asked first for a motion to approach the Planning Board. Upon motion duly made and seconded, it was voted to refer the subject to the Planning Board for its recommendation. The Chairman asked, if the Planning Board advises the Selectmen it is advisable to sell, for a motion to advertise for bids. Upon motion duly made and seconded, it was voted to advertise for bids providing the Planning Board is in favor of selling this lot. Mr. Gray reported receipt of a letter from Mr. Irwin, Building Inspector, with reference to Daniel P. Curtin. Mr. Legro explained there is a problem of the Curtin new CN zoning and he was trying to work out the solution of the problem with counsel for the applicant. Upon motion duly made and seconded, it was voted to grant an extension of thirty days on the building permit to Daniel P. Curtin for the erection of a building at 429 Marrett Road. Mr. Legro said he had an agreement between Buse. Realty Trust and the Town of Lexington for the purchase and sale of tax title lots on Circle Road. He explained it provides for payment of $4,000 at the time of conveyance, payment fbr pro forma taxes by the purchaser Circle Road and agteement to construct the ways and services in tax title Circle Road. It also provides for giving a bond which lot he has received. Upon motion duly made and seconded, it was voted to sign the agreement as prepared and presented by Town Counsel. Mr. Legro said, in connection with this, he had a deed for the conveyance of the twenty lots first involved in the agreement. Upon motion duly made and seconded, it was vottd to sign the deed for the conveyance of the twenty lots first involved in the agreement, as prepared and submitted by Mr. Legro. The Chairman referred to a letter, dated April 25, 1966, received from Daniel A. Lynch, relative to a re- quest from Connors Bros . , Inc, for permission to transfer Connors its liquor license from 1700 Massachusetts Avenue to an Bros. Liq. enlarged store consisting of its present location of 1700 License Massachusetts Avenue and the adjoining premises now numbered 1702 Massachusetts Avenue. Mr. Legro said he thought the question was wheth:,r a hearing was required, and in his opinion, no hearing is re- quired. He reported he called Mr. Lynch today and he is in agreement. This requires notice in the Minute-man and prior approval of the Alcoholic Beverages Commission. He said to his knowledge this had not been received. Mr. Lynch sent the Alcoholic Beverages Commission a copy of this and he will pursue it. He said then the applicant must send notices, registered mail, to the abutters and fi 4 2C file with this Board an affidavit. The Chairman asked for a motion to publish notice of the application when the Board has received prior ap- proval of the Alcoholic Beverages Control and due evidence that the abutters have been notified. Mr. Legro explained the Board can publish the notice first, but cannot take action until it receives prior approval. Upon motion duly made and seconded, it was voted to publish a notice of the application in the Lexington Minute-man. Mr. Carroll said there were problems the Board dis- cussed last week involving the Metropolitan District Com- MDC mission. He said he called the head of the Sewer Divi- sion of the MDC and he suggested that Mr. Carroll meet with him first before the Board meets with the Commissioners. Mr. Carroll reported he looked at the sidewalk on Grant Street and Colony Road again. He said he thought it should be on Busa's side of Grant Street all the way to East Grant St. Street and on Colony Road it should remain on the school Colony Rd. side. He said if the Board had no objection, he would sidewalks notify people in the area that the sidewalk will be put in. The Board had no objection. At 8:00 P.M. , Chief James F. Corr met with the Board. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, Executive deliberating or voting on matters which, if made Session public, might adversely affect the public security, the financial interest of the Town, or the reputation of any person. Following discussion relative to police personnel, it was voted to resume the open meeting. The Chairman stated the Board called Chief Corr in for one of two things. One thing, there are two positions for Lieutenants open in the Police Department, and four men have passed the examination: Martin, Lima, Dooley and Morelli. He said the Chief was recommending at this time that the Board fill two vacancies. The Chief said that was correct. The Chairman said the Board is aware of the background of these four men and their position in the Police Depart- ment, and asked the Board what its pleasure was. Police Upon motion duly made and seconded, it was unani- Lieutenants motsly voted to appoint James J. Lima, Jr. , to position appointed of Lieutenant in the Lexington Police Department Upon motion duly made and seconded, it was unani- mously voted to appoint Robert G. Martin to the position of Lieutenant in the Lexington Police Department. Upon motion duly made and seconded, it was voted to have both appointments effective Friday,. May 6, 1966. 4 65 Chief Corr said he would ask the Board to consider allowing the Police Department to purchase an air condi- tioner for the front office that would entail the man at the desk twenty-four hours a day. He said there is no air conditioning whatever at this time, no air venti- Air con- lation. He said the department does not own a fan and ditioner he thought about buying a couple of fans to move the air. The cost of two fans would run over $100. He said a week ago an air conditioner could be purchased for $210 or a difference of $90., and it seemed unwise to ask the Board to purchase two fans when for an additional $60 or $70 he could purchase an air conditioner. The Chairman said the Board had heard the Chief' s request to reconsider its action of last week in denying him the right to purchase an air conditioner. Mr. Sheldon asked what plan was proposed to keep everyone happy if the Board granted this request. Chief Corr said if he bought two fans it did not seem wise to spend $110 or $120 for two fans only because the Board has to keep someone happy. He said every de- partment has at least one good-sized fan and the police do not. Mr. Burnell explained the Board denied the Chief's request last week because it could not continue this in the other departments. He said the Board was looking forward to the new building and air conditioning would, hopefully, be put in. He said it was on the basis of not being able to carry this through the rest of the offices that the request was denied. Mr. Carroll said a good fan could be purchased for 30. He said for the past two years, he has requested $28,000 to air condition all offices in both Town Office Buildings, and each year the Board approve it conditionally and then took it out. He stated what the Board is saying is, one office should not get something the other offices don't have. The Chairman said the Board would take the matter under advisement and let the Chief know. Chief Corr retired at 8:14 P.M. Later in the evening, upon motion duly made and seconded, it was unanimously voted not to reconsider its action of last week in denying Chief Corr permission to purchase an air conditioner for the front office. Mr. Carroll referred to the item in the budget pro- viding money to purchase chairs for Cary Memorial Hall Chairs for and had a sample to show the Board. Cary Hall Motion was made that the green chair be put ouC for bid, the color to be determined later. Mr. Carroll had a sample Captain's chair which the salesman had recommended for the Selectmen ' s Room. At the invitation of the Chairman, representatives 66 N4 of the League of Women Voters, and other interested spectators, tried both samples, those for Cary Hall and Chairs for the sample for the Selectmen's Room. In their opinion, Selectmen's the chairs were not comfortable. Room Mr. Cataldo suggested that Mr. Carroll find out where the showroom is and then the Board could go and look at the manufacturer' s samples. It was so agreed. The Chairman said he would like to make whatever Chairs for haste possible to get the chairs for the June Town Meeting, Cary Hall in the interest of the Town Meeting Members who have to sit in them. Upon motion duly made and seconded, it was voted to put the green chair out to bid, the color to be determined later. Letter was received from George W. Greenlaw, Jr., 176 Grant Street, in which he referred to the proposed sidewalk construction in front of his house. Mr. Greenlaw was concerned about a large maple tree in front of his house that might have to be moved. Sidewalk Mr. Carroll said it is now planned to construct the sidewalk on the other side of the street, and the Chairman said he would so advise Mr. Greenlaw. Letter was received from Leonard H. Doppler, 8 Augustus Road, with copy of a letter he sent to the Planning Board concerning the unsafe conditions that exist on Agustus Road. Mr. Carroll said the letter should be referred to Augustus the Planning Board. Mr. Gray reported he talked to Mr. Zaleski, and the Planning Board has already written to the bonding company to ask them to do something about an unfinished portion. The Chairman said he would write Mr. Doppler to the effect the matter is being checked out. Request was received from Porter & Desmond request- ing permission to move a building from 136 Concord Avenue, Arlington, to Welaster Road, Lexington. Permit Mr. Carroll stated he had not checked this out yet. Upon motion duly made and seccnded, it was voted to grant permission, subject to the approval of Mr. Carroll, Chief Corr and Mr. Mazerall. The Chairman read a letter from Francis W. Sargent, Commissioner, dated April 28, with reference to the Route 2 alternate design suggested for the Watertown Street • interchange. The Commissioner advised that it is felt the greatest overall public benefit would best be achieved by maintaining the design as originally proposed by the Department . He said it is the Department's intention to proceed with completion 67 of the design contract on the existing basis. The Chairman said Friday morning he called Commissioner Sargent. He saw him and was assured the Commissioner had given the word to have this reviewed. He said it had not been reviewed at the lowest level. The Chairman said thes letter, dated April 28, 1966, was written after he saw the Commissioner. He said at t his point in time, it would appear that the Department of Public Works is intent to follow its original action on the ramp as originally designed. Mr. Cataldo pointed out that April 28 was Thursday. Dr. Dennis Slone, spokesman for the Peacock Farm Corpo- ration, was present at the meeting and said the group has kept in close contact with this matter . He said Mr. Cole and Mr. Carroll informed them that a review had essentially not taken place. He said it is the opinion of the people close to this matter there were no definite engineering obstacles to this design and no engineering design and no engineering objection had been voiced. He said he has come to the conclusion this is apolitical or expedient design, p p g s and he would like to ask the Board of Selectmen to take this matter further and go to the Bureau of Public Roads locally and nationally, if necessary. He said if the Board accepts this decision of Commissioner Sargent, he would ask the Board's permission or support for allowing the Association to carry this further to the Bureau of Public Roads. He said the Association has already committed more than $1,000 for payment of consultants.. He asked the Board to take this to the Bureau of Public Roads for review and if not, give the Association support in carrying on this fight. The Chairman said, in fairness to the State, this plan was not completely given to them because the Board suggested something similar to this. Mr. Carroll said in his opinion they did not review the plan. Mr. Catildo stated that at the meeting down at Peacock Farm, he asked the Department of Public Works if it would consider this proposal very seriously to save time. He was assured at that time if the officials of the Town supported it, the State Engineering Department would give it very serious consideration. He said under this schedule, he could not see that it was considered. Mr. Carroll said he did not think the State did any- thing. He said he could not prove this, but he knew how they worked. He said Jack Gardner had nothing but traffic counts that he worked on, on his own; He said it is im- possible on a project of this size to arrive at the under- standing of costs without going into it very deeply. The Chairman said the Board should get the attached memorandum referred to in Commissioner Sargent' s letter, as it may have some bearing on it . Mr. Catildo asked how the Board should go about carry- ing this to the Bureau of Public Roads. The Chairman said the Board could ask for a meeting with Hanson and a representative of the Department of Public Works. ar Mr. Cataldo said, with all due respect to the Com- missioner, he should be told because the const&deration which was promised has not been given, the Board would give him another chance. The Chairman said he could tell the Commissioner the Board is disposed to go to the Bureau of Federal Roads. Mr. Sheldon said in all fairness the Commissioner should be told. The Chairman asked Mr. Gray to call Commissioner Sargent and ask for the memorandum mentioned in his letter to the Board. He said he would then write to the Com- missioner that the Board seriously doubts thorough study has been given to the proposal it made, and it is the Board' s intent to follow this through further. The Chaifman read a letter from John C. Warner , Associate Commissioner, Department of Public Works, dated April 26, 1966, advising it is expected preliminary plans specifications and estimates in regard to Kiln Brook, Kiln Brook will be received from the Consulting Engineer about May 1, 1966. After a review and acceptance, the De- partment of Public Works will forward a set of the plans to the Town Engineer so the Town may proceed to acquire necessary land easements. Letter was received from Albert R. Hill, 14 Lillian Road, expressing a desire to acquire part of a parcel of land deeded to the Town by Antonio Busa. The Chairman said he thought this would have to go Land on to a Town Meeting. Lillian Rd. Mr. Sheldon said the Board would have to decide what this parcel was purchased for. Mr. Cataldo said the Board should determine whether it has a particular use for this parcel. Mr. Carroll said he told Mr. Busa he would insist on an easement for that brook of 120 feet wide. Mr. Busa ended up with two lots he did not want and said he wanted the Town to take that parcel. It was acquired for purpose$' of maintaining the brook. He said he could see someone acquiring title subject to some easements for drainage purposes, plus the fact they could not build on them. The Chairman asked Mr. Gray to check this and he said he would advise Mr. Hill that the Board is investi- gating the possibility and will be in touch with him in the future. Letter from Jules P. Sussman, Chairman of the Con- servation Commission, relative to appointments to that Commission was held over until the next meeting of the Board. Mr. Cataldo said he very definitely felt there should be someone on the Commission who knows about land and he l _ 69 did not think it desirable to have too many attorneys on the Commission. Upon motion duly made and seconded, it was voted to certify the character of Priscilla Pennock, 7 Hill Street, satisfactory character references having been Cert. of received from the Chief of Police. Miss Pennock has Inc. applied to the Secretary of State for a Certificate of Incorporation. The Chairman read a letter from Walter S. Pierce advising he would accept the appointment to the Imple- mentation Committee on Lexington Center. Letter was received from Mrs. Rich, Collector of Taxes, to which was attached a list of ambulance bills she would life the Board to abate. The Chairman said past precedent has been that when the bills have been outstanding too long, the Board had abated them. Ambulance Mr. Sheldon add he did not like to condone the charges practice of people not paying for the ambulance because they don't choose to. He said as far as any precedent for the future is concerned, if the Board is not going to make an effort to get these bills paid he wanted to I/ know why anyone should pay. He said he thought col- lections would go up noticeably if the Board took one or two of these people to the Small Claims Court. Upon motion duly made and seconded, it was voted to abate the list of ambulance charges committed in 1959 and 1960 submitted by Mrs. Rich, Collector of Taxes. Mr. Gray was requested to give the Board a report of the other outstanding bills. Upon motion duly made and seconded, it was voted to grant the following licenses: Edward J. Sahatjian Intelligence Office Licenses Emanuel Sugerman n n Isabelle Kitson Public Carriage William M. Belcher " " Upon motion duly made and seconded, it was voted to authorize the Chairman to sign a Liquor Purchase I.D. I.D. Card card for Daniel B. Miller, 405 Marrett Road. Upon motion duly made and seconded, it was voted to issue Yearly Dump Permits to Phillip Chiumiento, Dump Permits Woburn, and Miller's Real Estate, Weymouth. Upon motion duly made and seconded, it was voted to authorize the Executive Clerk to send out Jury Jury list Questionnaires to the list of names submitted for the Jury List. 7U Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen' s Meetings held on April 20, 1966 and April 25, 1966. The Chairman read six proposed articles, submitted by the Conservation Commission, to be inserted in the Articles warrant for the Special Town Meeting in June. Upon motion duly made and seconded, it was voted to include the articles in the warrant. The Chairman read a letter from the Board of Health dated April 28, 1966, together with suggested article that Board wants inserted in the warrant for the Special Town Meeting in June. The Chairman said his only concern is this is not in conformity with the General By-Laws if he read them right. Mr. egro said he thought the Chairman had read the By-Laws correctly. He said the first part of the article Article is a policy matter the Selectmen should decide. He was concerned about the second portion "to expend available appropriations for such action". If the Board of Health is talking about the Law Department budget, he has some- thing to say because he has 126 hours on this case, and if there is availbble money, he thought it should go where work has been done. The Chairman said he had no fear of facing Town Meet- ing with this article. Upon motion duly made and seconded, it was unani- mously voted to deny the Board of Health' s request because the proposed article does not conform to the General By- Laws of the Torn. Upon motion duly made and seconded, it was voted to insert an article in the warrant for final plans and Article specifications and to obtain bids for the construction and original equipping and furnishing of alterations and additions to the Town Public Works Building. The Chairman asked if all *ambers of the Board had looked at the roof on the Matheson building located on Waltham Street. Mr. Mabee was the onlymember who had not had an opportunity to look at it. The Chairman stated the original agreement was that the roof would go all the way over the walk way. Mr. Matheson now wants to be relieved of this portion of the agreement. He said the Board felt at the time it should go the length of the entire new building. He now wants Matheson relief. Building Mr. Cataldo said when the Board first proposed that it be covered, it was for the express purpose to protect it from the weather. He said the agreement has provisions to get this done and asked why it isn't being done. The Chairman asked if the Board was going to insist that the agreement be lived up to. 71 Mr. Cataldo said the Board was going to release him from the front. Upon motion duly made and seconded, it was unani- mously voted to require Manhattan Builders, Inc. , to put the roof over the entire easement with he exception of the front portion, from the front of the existing building to the street line. Mr. Robert Spear came into the meeting at 9:45 P.M, and registered a complaint about an excavation on Ward Street. The Chairman said he did discuss this with Mr. Spear on the telephone this evening and told him he would look into it in the morning. He said the Board would check the matter and see that the law will be obeyed. Mr. Spear retired at 9:50 P.M. The Chairman read six articles submitted by the Planning Board for insertion in the warrant for the Special Town Meeting to be held on June 20, 1966. Articles Upon motion duly made and seconded, it was voted to insert all six articles in the warrant. Upon motion duly made and seconded, it was voted to adjourn at 10:00 P.M. A true record, Attest: i / v €ee ive ( lerk,` Select�f'n Ad( `VroJ1 I a. 1