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HomeMy WebLinkAbout1966-02-21-BOS-min 55 SET,RCTMEN'S MEETING February 21, 1966 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, February 21, 1966, at 7:30 P.M. Chairman Cole, Messrs Burnell, Cataldo, Sheldon and Mabee were pre- sent, Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate two poles on Grant Street . Pole Notices of the hearing were mailed to the peti- locations tioners, owners of property as listed on the petitioners' plans and also filed with the Superintendent of Public Works. Mr. Serverson, representing the Boston Edison Com- pany and Mr. Dunn, representing the New England Telephone and Telegraph Company, were the only persons present at the hearing. Mr. Serverson explained the intention is to relocate a pole because of the new Saddle Club Road, and this will make the area look a little better . Mr. Dunn explained the proposed location on a plan and explained the work will be underground. The proposed locations were approved by Mr. Carroll. The Chairman declared the hearing closed, and upon motion duly made andseconded, it was voted to grant the petition and sign the orders for the following i/o pole locations : (Quote) . Hearing was declared open upon petition of the Boston Edison Company for permission to locate 145 feet Conduit of conduit in Spring, Street. location Notices of the hearing were mailed to the peti- tioner, owners of property as listed on the petitioner' s plan and alos filed with the Superintendent of Public Works. Mr. Serverson, representing the Boston Edison Company, was the only person present at the hearing. He explained the proposed conduit location is in connection with the reconstruction of Route 2 and this is a piece of conduit going into Raytheon. The proposed conduit location was approved by Mr. Carroll. The Chairman declared the hearing closed, and upon motion duly made and seconded, it was voted to grant the11 553 petition and sign the order for the following conduit locations : , ' * Grant Street , easterly side, approximately 20 feet north of Saddle Club Road, -- One (1) pole. (one existing JO pole to be removed. ) Grant Street, westerly side, at York Street, -- One (1) pole. Spring Street, approximately 145 feet north of Hayden Avenue, a distance of about 25 feet, - conduit. Messrs. Dunn and Serverson retired. Letter was received from Ernest A. Giroux asking to be recorded in opposition to the parking ban in front of the Central Block as it has been injurious to him and to other Massachusetts Avenue tenants of the Central Block. Parking ban The Chairman said„as as the Board knew, the ban was lifted on February 17 so no further action is necessary. Appointment of two Associate Members to the Board Appointment of Appeals was held over. Upon motion duly made and seconded, it was voted to grant permission to the 4-H Horse Club to hold a Horse Show at Willard' s Woods on May 15, 1966, under the same Horse Show considerations previously established. Mr. Legro submitted a plan and stated in 1960 the Town adopted an order for the construction of a sewer along Route 2. In front of the land of DeNunzio, the Sewer along amount of the betterment was $3,781.43. In 1961, the Route 2 Commonwealth made a taking of this strip of land along DeVincent the front portion of the land. In 1964, the State made award another taking of this area of land, which he indicated on the plan, leaving just a small parcel, which he also indicated on the plan. Mrs . Rich reported the unpaid bill as $3,214.19 having seventeen years to run at $189.07. He explained this came up because McLaughlin Bros. repre- senting the present owners, Arthur and Raymond Del?incent, had an award of damages from the Commonwealth for these takings. He said he understood the award covers both takings. Mr. Legro had a request to waive the townts rights to any part of the jury award which he said of course he did not give. Mrs. Rich said the remaining piece is assessed for $2,500, and he wondered what the Board would like to do by way of recovering under this award. He explained the award has not been paid and he thought the Commonwealth would protect the Town as well as it could. ffe said it seemed to him ridiculous to have an unpaid betterment of $3, 214 against a piece of land worth only $2,500. He said he did not think there cz 5r 4 ca am. is any question of abating the betterment because at the time the sewer was constructed, it benefited this land and made it more valuable at the time of the taking so it is probably included in the jury award. He asked if the Board wanted to collect the entire unpaid balance. The Chairman said the Board should certainly try. Mr. Cataldo asked if they could get a building permit to build on this land. Mr. Legro replied th ,t is not the question. The entire parcel was bettered by the construction of the sewer and it would appear to him that the lot is large enough for one house. Upon motion duly made and seconded, it was voted to authorize Mr. Legro to proceed with negotiations for collecting the full amount and report back to the Board. Mr. Carroll said, under Chapter 220 of the Acts of 1965, he wo ld like to ask the Board to consider the ree- location of a brook. He submitted a plan of the Sanitary Land Fill area and indicated where he would like to start Relocation dumping, toward the track. He said the problem is a brook of brook now coming across from Route 128 which goes under the rail- road tracks and he would like to relocate it on the north side of the tracks. He said he would like to send notices to the Department of Natural Resources and the Sate Depart- ment of Public Works and hold a hearing next Monday night. Upon motion duly made and seconded, it was voted to hold a hearing, pursuant to the provisions of Chapter 220 of the Acts of 1965, in the Selectmen' s Room, Town Office Building, on Monday, February 28, 1966 at 8:00 P.M. rela- tive to plans of the Town of Lexington , Department of Public Works, to relocate a brook on the north side of the Boston and Maine Railroad in Tophet Swamp. Mr. Cataldo said when the Town was talking to Cabot, Cabot & rorbes on that land exchange, it discusses the possibility of filling in from Hartwell Avenue and asked if this subject was to be dropped. He said this is the time to lay out the whole area. The Chairman said he thought it was worth exploring at this time. Mr. Cataldo asked if the Board wanted Mr. Carroll to look into this and report back to the Board. Mr. Carroll stated there are many problems involved. Upon motions duly made and seconded, it was voted Pole lo- to grant the petitions and sign the orders for the follow- cations inA pole locations, all having been approved by Mr. Carroll: Lillian Road, northwesterly side, approximately 29 feet northeast of Sheila Road, -- one (1) pole (One existing JO pole to be removed. ) Massachusetts Avenue , westerly side, southerly from a point approximately 63 feet south of Pelham Road, -- Eleven (11) poles. )) Massachusetts Avenue, easterly side, approxi- mately 12 feet north of Pelham Road, -- One (1) pole. Muzzey Street, northwesterly side, approximately 158 feet southwest of Massachusetts Avenue, -- One (1) pole. (One existing JO pole to be removed. ) ORDER FOR TRANSFER : Westview Street, southerly side, easterly from a point approximately 129 feet east of Maguire Road, -- Two (2) poles. Letter was received from the Planning Board relative to a drainage study of Kiln Brook. The Chairman said this is more or less for the Board' s Kiln guidance in its thinking of future decisions regarding land Brook affecting brooks or streams. study The Chairman read a letter from the Planning Board relative to its recommendations for laying out and accept- " ing streets as proposed by the Board. Street The Chairman said it would seem, at this pont, the accept- Planning Board would go along with the streets ae originally antes laid out. He said he thought there is an area of discussion prior to Town Meeting. Upon motion duly made and seconded, it was voted to grant a Yearly Dump Permit to the Donna Realty Trust, Dump 59 Cummings Road, Newton Center. permit Upon motion duly made and secc.nded, it was voted to grant the following licenses: Bakeri, Inc. 315 Marrett Road Common Victualler Licenses James Cosgrove Taxi Driver William Trinque Peter D. Ball " " William E. Gilpatric Upon motion duly made and seconded, it was voiced to approve the minutes of the Selectmen ' s Meeting held on Minutes February 1L., 1966. At 8:00 P.M. , Mr. Frederick Conroy met with the Board. He said back in September or August, 1965, a sewer better- ment assessment was levied on the property at the corner of Marrett and Follen Roads owned by Mr. Rasor . The betterment was $2, 293.83 based upon the Town' s normal formula. he said 556 Cr cz the history behind this is the year previous the Rasors planned to connect to the Town sewer on Follen Road. At the time they felt the connection charge would be excessive, $1600. They decided not to connect and put in a septic Rasor tank or dry well. The following year when they sold the sewer property, the purchase and sales agreement called for the better- sellers to pay any existing sewer betterments. He said the betterment has been paid and the property sold to Stoico. The Rasors feel the betterment does not benefit the property. Mr. Conroy said they admit the Town could probably tie in the Present Rasor house, now owned by Strico, to the sewer put in for Tricon Road. The property is now owned by Stoieo who is presently negotiating with the Town. Mr. Sheldon asked who paid the betterment, and Mr. Conroy replied Rasor paid and he wants a partial abatement. Mr. Conroy said he discussed the matter with Mr. Carroll and there is a possivility of one lot being connected to the Town sewer. This would require fill and require a lot being laid out in that location. He said there is another Town line in back of the Rasor land which he understood Stoico will connect to. He said the Rasors should re- ceive some kind of relief, and he proposed to work up an agreement that if this property were sewered from this to the lateral that the Rasors should be entitled to a partial abatement of this betterment. Mr. Carroll submitted a plan and went over the actual details. Mr. Conroy said at the present time there is no bene- fit to the property. Mr. Sheldon asked if Stoico could be willing to sign an agreement that he would never build there. Mr. Conroy replied in the negative and said he would not think of asking him to. Mr. Legro asked the date of this betterment, and Mr. Conroy replied September 27, 1965. Mr. Sheldon, asked if Mr. Conroy wanted to negotiate an agreement that would defer this. Mr. Conroy replied he would like an abatement now. Mr. Carroll explained if someone did decide to build there, the Town would be in a very undesireable position. The Chairman said he did not , in good conscience, see how the Board could grant an abatement . Mr. Conroy said the property has not been benefited by the sewer and the Town' s position is that it has been benefited. He said the property right now has not been benefited. The Chairman said the betterment has already been paid and Stoico owns the property. He asked who pays the moneyback. Mr. onroy replied, Mr. Rasor. Mr. Legro said he had grave doubt about this. The Chairman said the Board would take the matter under advisement. 557 Mr. Legro explained they want an answer very shortly becuase the six months will be up in March. Mr. Cataldo asked how much money was involved. Mr. Carroll replied $600 Or $700. It works out about one-third. He said what bothers him is the fact the pro- perty has so recently been sold and if it had not been, he would be more inclined to say the property could not be sewered. He said knowing the circumstances, it is hard to know what will happen in the future. Mr. Sheldon said, as he understands it, there is a legal problem here and the Board should decide that first. The Chairman said the Board would wait for Town Counsel' s decision. Letter was received from Frederick J. Conroy, on behalf of Eugene F. and Mildred E. Delfino, asking the Tax Titl• Board to reaffirm its decision to sell Lot 77 at the corner of Garfield Street and Reed Street to the Delfinos . Mr. Gray said the Board discussed this with the Planning Board, and that Board had no objection. It turned out there was a question about Lot 78. Mr. Delfino would now like to purchase Lot 77 . He wants to enlarge his house. He said the Board had agreed to sell for $200 , and it was held up on Lot 78. Mr. Gray said this lot is in between so it cannot be combined to Mr. Delfino' s lot. As soon as the title is clear, he will make an offer for the other lot. Upon motion duly made and seconded, it wa. voted to sell tax title Lot 77, at the corner of Garfield and Reed Streets, to Eugene F. and Mildred E. Delfino for $200. Mr. George Kolovson, Mr. Richard Michelson, and Mr. Joseph Trani met with the Board relative to the current proposal for reconstruction of Massachusetts Avenue. Mr. Kolovson said he had something completely new and different to present that, hopefully, would satis- fy everyone. He reported the group had a qualified vote from Mr. Trani that will probably make the committee unanimous. Mass. Ave. The Chairman said it now appears the committee is recon- unanimous in this approach. struction Mr. Kolovson said that was correct and explained the proposal, by use of a plan, as follows: CURRENT PROPOSAL - MASSACHUSETTS AVENUE RECONSTRUCTION INTERIM STAGE A. From Waltham St. to Depot Sq. 1. Develop 30 foot promenade 2. Widen curb-curb from 51 feet to 60 feet ( two parking lands 4 7' & four travel lanes 3 11$' ) (movement space increased from present 38' to 461 ) 558 B. From Depot Sq. to Meriam St. 1. Develop 26' promenade (probably single row of trees ) 2. Leave curbs where they are (54' - 56' apart ) (ban parking on north at peak hours when & if necessary) ULTIMATE STAGE (when off-street parking is provided & improved) A. From Waltham St . to Muzzey St. 1. Widen south sidewalk to 14' 2. Provides one parking lane 7t & 4 travel lanes 1211" B. From Muzzey St . to the Green 1. No physical change from the interim stage 2. Parking more frequently, then finally banned C. From Waltham St. to town offices 1. Pedestrian areas to match Waltham to Depot 2. Travelled way equal to or greater than 56' Miscellany Trees on south require relocation of 8" water and 18" storm drain; not impossible to relocate but perhaps too unlikely- thus, other treatment. Ultimate beautification cost - $300,000.00 Immediate $60,000.00 adequate for Central Block to Depot Sq. to the bookstore. Mr. Cataldo observed that the Committee actually does not know what is going in there except for the trees, and Mr. Kolovson said that was right. Mr. Cataldo referred to the material the committee has at the library and said this is what people think the Town is going to get. However , if no one knows exactly what is going to be done , he did not think this was right. Mr. Kolovson explained that what is at the library will be changed to conform to the current proposal within ten days. Mr. Cataldo asked how the committee could show any- thing if it does not know what is going to be done. Mr. Kolovson said they know about the trees and side- walks. he said benches would still be a part of it. Mr. Carroll said this is a Planning Board article and the question he had is , will the appropriation allow the work to be done under the jurisdiction of the Selectmen. He said this is a very important point. He said he assumed the Board would want the work done under its juris- diction and he also assumed that if the Selectmen go along with this that it would get a breakdown of the $60,000 as soon as possible. He said without a breakdown he could not reasonably assure the Board that it can be done for $60,000. 559 Mr. Kolovson explained in arriving at the $60,000, the method used was to give it out to two different people and in both cases use the highest figure submitted. Both people felt they were very generous . Mr. Carroll said they may have left something out such as underground utilities. Mr. Mabee asked if this wasn' t something the com- mittee could work out with Mr . Carroll. Mr. Carroll said if this is going any place, the work should not get out of the Selectmen' s hands under any conditions. Mr. Mabee explained that could be taken care of in the motion. Mr. Carroll said to be sure the $60,000 is adequate, he should sit down with these people. The Chairman said at this point there is nothing substantial that has been left out of the $60,000. Mr. Kolovson said absolutely not. The Chairman said, however, it would be good to go over it with the Superintendent of Public Works. Mr. Kolovson said this could be done within a week. Mr. Cataldo said no one knows what it is going to look like and he would like a specific plan of what the Town is going to vote on so there will be no question in anyone's mind. He said the committee is asking for $60,000 and all it knows is two rows of trees and a thirty-foot sidewalk. Beyond that , no one knows. The Chairman asked if anything else had been left out with the exception of the benches, and Mr. Kolovson replied, a water fountain. Mr. Mabee said the Board does not have a perfect picture of the schools it votes on when it is voting the funds. Mr. Cataldo said in this instance, construction funds are being voted. The Chairman said he did think by Town Meeting time it would be almost imperative to have a picture of what it is going to look like. Mr. Carroll said in order for the Board and Town Meeting to actItibely, the Board must not only have a plan shown here this evening, but also a plan for the rest of the street. He said there should be a bread- down of what the $300,000 is going to do. He explained he was not saying these people are incorrect, but he wanted to be sure in his own mind. He said right off, the crown of the street has to be changed and this runs into a lot of money. The Chairman said this is something that can be re- solved when Mr. Carroll has his discussion with the committee. Mr. Carroll said he thought there should be picture plans, and Mr. Kolovson said that was a reasonable request. 560 ata• Mr. Mabee said this should be presented not only at $60,000 and not only at $300,000 but also he assumed the committee would be working with t he Planning Board and that the Town Meeting Members get the right picture which means the final off-street parking and what that is going to cost, and not presented in a piecemeal fashion. Mr. Kolovson said this is very definitely in their minds. The Chairman asked if this could be resolved between Mr. Kolovson and Mr. Carroll within a week. Mr. Carroll said they could not get to the parking lots without becoming involved with the Planning Board. Mr. Kolovson said the fact of advocating removal of the spaces in the northerly side, in his opinion, and the committee' s opinion, this will not be the factor that will necessitate off-street parking in the rear. He said if the spaces on the northerly side were to remain, the committee would still advocate parking in the rear. The Chairman said the cost could be resolved with Mr. Carroll and if the committee could be ready at least by Town Meeting time with a more exact picture of what the promenade is going to look like. Mr. Kolovson said he was lure they could be a little more specific than what is shown on this plan . The com- mittee thinks it is a very good plan and likes the idea at being able to treat the south side somewhat. He asked if there was anything else that might be required of EDA or of the committee. The Chairman said he did not think so. Mr. Kolovson retired at 8:37 P.M. Mrs. Vivian Wolfe, three boys and a girl, met with the Board. The Chairman said Mrs . Wolfe had signed an appli- cation for permission, on behalf of a group of young people, to hold a dance in Cary Memorial Hall on Wednes- Use of day, February 23. He explained that the Board insisted Cary Hall sponsorship for any juvenile dance and it also insists that police officers be in attendance and this appli- cation was submitted in rather short notice. Mrs. Wolfe said these are members of the Junior Class at the High School who want to put on a dance similar to the Buckaroos and thought it would be a good idea to use Cary Hall . They thought it would be better if they had three police officers; two outside and one inside and one adult at each exit to make sure no out- of-towners could come in. They plan on admitting only Lexington boys and girls. Mr. SLeldon asked if there would be an adult com- mittee and how many adults Mrs. Wolfe expected. Mrs. Wolfe replied there will be six men, two other mothers and herself. She said this tends to alleviate trouble. The hours will be from 8: 00 P.M. until 11:30 P.M. 561 Mr. Mabee said he subscribed to the theory behind this but before he disqualified himself, he would like to say he was wholly in favor of it but would not vote because his daughter is a member of the class. Mrs . Wolfe said the band will cost probably $150 and the kids expect soft drinks free so th&re is about $60 spent tor drinks, then there is hall rental, janitor service, ice, lowering lights and signs "No Smoking" . Mr. Burnell asked about the attendance, and Mrs. Wolfe replied they hope to have 350. Mrs. Wolfe asked how many young people the Board would allow in the hall, and the Chairman replied he thought 350 would be safe. Mr. Cataldo said he agreed this is a good use of the hall but the Town has just spent a tremendous amount of money on the hall and at the last function, there was smoking in the main hall and cigarettes were ground on the floor. He said he would not want any smoking in Cary Hall, that is the main hall. Mrs. Wolfe said this could be controlled. Mr. Cataldo said the building, being what it is, presents a real problem, and the Town has spent a con- siderable amount of money on this building. Mrs. Wolfe suggested lining the walls with chairs to prevent foot marks. Mr. Cataldo asked if this was to be just one dance, Mrs. Wolfe replied if it is successful, the kids would like to repeat it. The Chairman said Mrs. Wolfe is requesting three police officers, but if the Acting Chief of Police feels there should be more, he suggested that she go along with it. Upon motion duly made and seconded, it was voted to grant the use of the hall for a dance on Wednesday, February 23, 1966, from 8:00 P.M. , subject to a charge of $35.00, plus $3.46 per hour for custodian' s overtime services. Mr. Mabee abstained from voting. Mrs. Wolfe and the students left at 8:55 P.M. Mr. Legro also retired. Mr. John Byrne, Jr. , Plumbing and Gas Inspector, met with the Board, 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 Mr. Byrne pertaining to the position of Assistant Building Inspector, Discussion with the Conservation Commission and School Sites Committee, it was voted to resume the open meeting. co 562 tr ct Abb Chairman Parrish, Messrs . Gary, Carlson, Clarke, Kenney, Blaisdell and Mrs . Souza, of the Appropriation Committee, Messrs . Chapin and Longley of the Capital Expenditures Committee, met with the Board. The Chairman said on the Structure of Government Committee, when they were originally talking, they asked for SlQ00. He said if a committee is going to do a good job, it cannot be limited by cutting down the money. Mr. Parrish said he thought $1,000 for printing is a big bill. This committee has one expense, printings and the Appropriation Committee was thinking of something in the area of6 0 $ 0 or $700. The Chairman asked the Appropriation Committee to let the Board know how it maked out. The Chairman said on the salaries for the Town Clerk, Treasurer and Collector, the way it was left the collector Salaries was not getting an increase at all , and everyone else in Town was getting up to $290. He said he was asking the Committee to reconsider and settle for $8700. Mr. Parrish reported he talked to the Collector this afternoon and the committee voted this evening to leave the salary the same. The Chairman said at the last discussion $8700 was discussed. Mr. Mabee said the Board was looking for a compromise. Mr. Parrish said he would ask the committee to reconsider. The Chairman asked if the committee had $500 in the Recreation Budget for Senior Citizens, and Mr. Parrish re- plied in the affirmative. Mr. Cataldo presented drawings, pictures and reported in detail on the Town Barn Committeets progress and re- commendation for Town Meeting , in regard to proposed alter- ations and additions to the Town Public Works Building located at 201 Bedford Street. The Appropriation Committee retired at 11:45 P.M. 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 public, Session might adversely affect the public security, the financial interest of the Town, or the reputation of any person. Following further discussion relative to Assistant Building Inspector, it was voted to resume the open meeting. Upon motion duly made and seconded, it was voted to adjourn at 12;03 P.M. A true record, Attest; 'ecu ve Olerk4 Solectrn