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HomeMy WebLinkAbout1966-02-07-BOS-min 537 II SELECTMEN'S MEETING February 7, 1966 A regular meeting of the Board of Selectmen was held in the Selectmen ' s Room, Town Office Building, on Monday, ebruary 7, 1966, at 7: 30 P.M. Chairman Cole, Maser . Burnell, Cataldo, Sheldon and Mabee were present. 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 William T. Hardy for permission to increase the storage capacity of underground gasoline tanks from 8,000 gallons to 16,000 Gasoline gallons and storage of other items incidental thereto. Storage Notices of the hearing were mailed, certificate of Hearing mailing, to the petitioner, the Phillips Petroleum Co., owners of tae property deemed to be affected as they appear on the most recent tax list, and also advertised in the January 20, 1966 issue of the Lexington Minute-man. Mr. Reuben Seth, representing the Phillips Petroleum Company, was the only person present at the hearing . He ' showed the Board pictures of what the building will look like and the Chair man explained the Board' s only concern is with the stroage . He asked how much land area there is, and Mr. Seth replied 22, 99 feet. The Chairman reported that Chief Engineer Spellman, of the Fire Department, had approved the application. The hearing was declared closed and Mr. Seth retired. Upon motion duly made and seconded, it was voted to issue a license to William T. Hardy, 915 Waltham Street, to keep, store and sell the following: 500 gallons of motor oil, 500 gallons of antifreeze and 500 gallons of chemical accessories - all above ground in metal ,containers. 16,000 gallons of gasoline , 560 gallons of waste oil, 560 gallons of fuel oil, to be used to heat the building, - all to be stored in underground tanks . The Chairman read a letter from Mr. John J. Carroll, requesting that the $119.60 balance of $307.84 of Article 4 of the 196L warrant for Traffic Regulation & L,ontrol and Funds the $1,271,.28 balance of $11,153.12 of Article 13 of the reinstat- 1965 warrant for Water Mains be reinstated from the Excess ed i and Deficiency Account. E. & D. Mr. Ci.rroll explained when he went over the aocounts I 538 with the Town Accountant, he erroneously told him to close these two accounts out. Mr. Restein, of the Accounting Department, told Mr. Carroll if he would write a letter to the Selectmen and send him a copy, he would reinstate the funds. Upon motion duly made and seconded, it was voted to authorize reinstatement of the funds from the Excess and Deficiency Account as requested by Mr. Carroll. Upon motion duly made and seconded, it was voted to grant thepetition and sign the order for the follow- Poleg ing pole location: location Albemarle Avenue, southeasterly side, apRroxi- mately 450 feet northeast of Anthony Road, One pole. Letter was received from Leonard Jellis, Sr. , 115 Reed Street, a copy of which was published in the Lexington Minute-man, relative to snow removal during the last two storms. Snow The Chairman said he would reply to Mr. Jellis' letter removal The Chairman read a letter from the Stanley Hill Post #38 American Legion, advising it had intended to include a request for permission to sell balloons and novelties April 19when permission was requested to operate a refreshment boothT ie n ri b action. ��ara ad no objection. Upon motion duly made and seconded, it was voted to grant permission to The Premiere Performance Company Use of to conduct a rehearsal in Estabrook Hail on February 12, hall 1966 from 2:00 P.M. until 8:00 P.M. , free of charge, subject to a fee of $3.45 per hour for custodian' s over- time services. Upon motion duly made and seconded, it was voted to grant permission to Boston University Club of Arlington , Lexington and Winchester to have a lecture Use of in Cary Memorial Hall on April 15, 1966 from 7:30 P.M. hall until 11:00 P.M. , free of charge, subject to a fee of $3.65 Per hour for custodian' s overtime services. Upon motion duly made and seconded, it was voted License to grant a Taxi Driver license to Richard P Murphy, 496 Lowell Street, Lexington . Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen ' s Meeting held on January 31, 1966. 1 539 The Chairman referred to the streets to be laid out by the Board as town ways and reported that the people on Middleby Road contend they do not want the street and none of them asked for it. Mr. Cataldo pointed out this is being done for the school. If the School Committee feels it should be Street put in, fine; if the School Committee does not want it, Orders fine. Mr. Sheldon said if the School Committee feels it is not imperative at this time and none of the people want it, he agreed with Mr. Cataldo. Mr. Burnell said he did not see how the Board could arrive at any decision other than to accept the street. Mr. Sheldon suggested that the Chairman advise the Board next Monday how the School Committee feels about this. Mr. Carroll said this should be a vote of the School Committee and it should be on record one way or another. The Chairman asked Mr. Gray to contact the School Committee and obtain a letter from that ''ommittee stating its position in regard to the article for acceptance and construction of Middleby Road. Upon motion duly made and seconded, it was voted to lay out as town ways and sign the Orders of layout on the following streets: Suzanne Road Brigham Road Partridge Road Butler Avenue Dewey Road Kendall Road Juniper Place Middleby Road Mill Brook Road Wright Street Mohawk Drive Moreland Avenue Laconia Street Upon motion duly made and seconded, it was voted to alter and relocate as town ways the following streets: Moreland Avenue The Chairman said, with reference to Kendall Road, that one family will bear most of the cost. He went to see them and explained their rights. Mr. Carroll said he felt Middleby Road is essential to the use of the school. There are no sidewalks on Middleby Road at the present time . He explained if Town Meeting votes not to accept this street, the Town does not have the right to put in a sidewalk because it is a private way . He also explained even if a sidewalk was constructed, it would be a waste of money because it wo.zld be costly to build a sidewalk that would tie in with the street construction. He said there are aloe some very serious drainage problems which street con- structionvduld correct or eliminate. He stated there is no other vehicular traffic way to the school, and the only way to get 'traffic in would be from Marrett Road. co 540 cr et Further consideration was given to rules and regu- lations governing the use of the Public Facilities Building. During the week the members of the Board inspected the building, and the Chairman said he thought the Board was now in a position to adopt rules and regulations. He Public said he thought the building was an ideal place for meet- Facilities ings. He said for the time being, the Board might be on Building safer ground if it approved use of these rooms for author- ized Town Committees. Mr. Sheldon asked if, beyond that, there was a need for any definite rules and regulations. The Chairman said the supervision is tinder the Super- intendent of Public Works. Mr. Carroll asked if the committees were going to meet with or without a janitor. The Chairman mentioned that committees meet in the Town Office Building without a janitor and he thought who- ever used this building could pick up a key at the Police Station. Mr. Cataldo said there should be some type of a tele- phone in the building, and if committees are going to meet there it should be a town telephone. Mr. Burnell said the committee was not in favor of having a telephone in or around the building. There is a p,iy telephone down at Fosters! and the committee thought it would not be too much of an inconvenience to walk down there. The Chairman asked if the Chamber of Commerce would not want a telephone. Mr. Burnell replied in the affirmative and said there is no jack in that area. He said of all places in the building that is where there should be a telephone and he thought this could be corrected. Mr. Sheldon asked how long-distance calls would be controlled and Mr . Kolovson said he recalled there was going to be a pay telephone there. Mr. Sheldon said he thought a pay telephone was part of a public facilities. Mr. Cataldo said there should be a telephone there, but not in a booth. Mr. Sheldon smggested that, if there is a jack there, the Chamber of Commerce could lock the telephone up at night, and if anyone at a committee meeting expected a call, he could have it made through the pay telephone. It was agreed that Mr. Carroll would implement the situation. Mr. Carroll said another problem is maintenance of the building and he will just have to work with the Chamber of Commerce. The Chairman said on the first floor, the conclave and closet should be for the use of the Chamber of Commerce. Mr. Cataldo said if the diorama is going to be there, it should be in when the building is open. 541 The Chairman said if they were satisfied the building is secure enough, he would have no objection. Mr. Burnell suggested that Mr. Gray contact Mrs. Morey, President of the Lexington Historical Society, and Mr. Nyren, Cary Library. Mr. Gray to check into the matter and report back to the Board. At 8:00 P.M. , Mr. George Kolovson and Mr. Arthur Bryson, Planning Board, met with the Board. The Chairman said many merchants in the Center sent in a petition, which he proceeded to read, requesting the Board to reverse the decision to ban parking in Lexington Center . He explained the redevelopment committee did not put the parking ban on. This was done by the Board of Selectmen. Mr. Kolovson said he thought the two main purposes of the test were #1, to evaluate as much as possible how the traffic flow improved or was not improved. Another purpose of the test was to see if banning the traffic wodld have an Parking adverse effect on the merchants. He said in as much as the ban in petition was started three or four days after the test went Lexington into effect, and under very adverse weather conditions, he Center did not think they could get a fair analysis from the mer- chants over a four or five week period and therefore he thought it would be in the best interest of everyone to drop the ban. Mr. Sheldon said Mr. Kolovson had his reaction on the second point. Mr. Kolovson said he was not agreeing with it. He said on point #1, he talked to Chief Corr today who said if parking was banned, traffic would flow better. It must be put into its proper perspective. Chief Corr said the main problem was the violators. He found it difficult unless he placed a man to prosecute all the violators. Mr. Sheldon asked if Mr. Kolovson was speaking for his committee. Mr. Kolovson replied in the affirmative and said all but one, who was not present, voted to discontinue it. They do not feel the merchants gave it a fair appraisal. The Chairman said he did not remember any of thele merchants showing up at any of the hearings . Mr. Kolovson said there were at least four meetings that called for the merchants to be present and give their viewpoints on a plan and give their viewpoints even before a plan was conterued. He said the attendance was very poor. Mr. Bryson asked if it was the Board' s intention to request that the five parking spaces be kept. The Chairman replied was it not Mr. Bryson' s under- standing that when the ban was put on it was to go from the Central Block, Depot Square exempted then all the way from the Hunt, Trani, Bakerts and down to the cross walk and five places on the other side of the street. 542 cat Mr. Bryson replied he owed Mr. Cataldo an apology because he had unjustly accused him. He sai he remembered it differently but the records bear Mr. Cataldo out. He said he voted against the experiment. The Chairman said all Mr. Kolovson was asking was that the part of the ban on the norht side of Massachusetts Avenue be lifted. Mr. Kolovson said they want to keep the ban on the south side. Mr. Mabee asked the purpose of banning the five places. Mr. Kolovson said he thought it made sense anyway. Mr. Cataldo asked if they wanted to continue it, and Mr. Kolovson said they were not experimenting with it . Mr. Carroll said the Selectmen have the right to adopt temporary rules and regulations for thirty days; otherwise it is not legal. They could also adopt rules and regu- lations making it permanent . Mr. Burnell asked if the Traffic Study Committee had discussed this. Mr. Carroll said the committee thought this should be continued permanently. Mr. Mabee asked if Mr. Kolovson was saying there has not been any experiment at all, and Mr. Kolovson replied in the affirmative. Mr. Kolovson said the experiment in regard to that particular point is not going to serve its purpose in as much as in their opinion the ban was prejudged and not given a fair time. He said as long as those merchants have stated their opinion in such a short period of time, he did not think the committee could get a fair analysis from them. Mr. Cataldo said there was not enough time to evaluate this and asked if, in Mr. Kolovson' s opinion, anything had been proven. Mr. Kolovson said they have a poor attitude on the part of the merchants . Mr. Cataldo said the Board wants to go beyond the attitude of the merchants and asked if Mr. Kolovson was telling the Board he could not get this in four weeks. Mr. Kolovson said in no period of time now would there be a fiar analysis of the effect of the ban on busi- ness. It is the attitude of the merchants. Mr. Mabee said the merchants have prejudged the situ- ation and this is basically it. In three days if a petition is received that it is not good because they are losing busi- ness, this indicates a frame of mind. Mr. Cataldo said there are some merchants involved here from whom the committee could get a good picture. The Chairman said the committee haidnbtecome up with any recommendation, parking or noxparking. Mr. Kolovson said he would like to set up an appoint- ment for two weeks from tonight with the Board. The Chairman asked if the recommendation of the committee was to lift the ban. 543 Mr. Kolovson replied mainly because he did not feel one part of the ban can be accurately appraised. Messrs. Kolovson and Bryson left the meeting at 8:20 P.M. Mr. Carroll showed slides of snow removal operations in Lexington Center. The Chairman said the subject of the petition was open for discussion. Mr. Sheldon said, in view of what Mr. Kolovson said, he did not think any further purpose would be served and he moved that the ban be lifted on the north aide, leaving the• ban on five spaces on the south side, or Waltham Street side. The Chairman asked if there was any merit in continu- ing the ban. Mr. Cataldo said he did not think the petition had any merit as far as the merchants losing money is concerned and he thought the experiment should continua. Mr. Sheldon said the Board has the merchants' reaction and he did not see any point in continuing. He said from the standpoint of snow, nothing was proved. He said he made the motion because he thought this has served its pur- pose and also because Mr. Kolovson' s committee feels it has served its purpose and should expire. Mr. Mabee asked if Mr Cataldo thought a lot could be learned by continuing the experiment and Mr. Cataldo replied only public information. Mr. Mabee said if the Board was interested only in the public reaction, maybe it could be continued for another week or two. He said his own reaction is it is easier to get in and out of there. Mr. Cataldo said the Board agreed to start this in good faith, and he did not want to say the Board was going to drop the experiment . Mr. Mabee said perhaps the Board could get better public reaction in another week. Mr. Sheldon felt that the Board has learned as much as it can. Mr. Kolovson said even the manner in which the peti- tion was sent around discouraged him. Mr. Mabee said Mr. Kolovson was looking at this from the merchants' point of view and Mr. Cataldo wants public reaction as well as merchants' reaction and he thought the Board should continue for another week. Mr. Cataldo said this is a study and a survey for which the `Down is paying $13,000 and the attitude of the merchants should be in on this from the beginning. He said he was upset because the merchants are not more interested in their own livelihood. He said if this was a study some unpaid committee was making, fine, but this is a paid study for which the Town has paid money. Mr. Mabee said he would like to amend Mr. Sheldon' s motion. 544 C4., Mr. Sheldon moved the previous question. The Chairman said he would let Mr. Carroll make a comment. Mr. Carroll said the question before the Board is, has the experiment proved enough to the Board so it will go along with parking or not. If it has not proved enough, then the experiment should continue. The Chairman said all the Chairman of the committee is doing now is telling the Board that the "no parking" ban should be lifted. He has made an appointment with the Board for two weeks from tonight, at which time he will give the committee' s recommendation to the Board. Motion was made to lift the ban, but not carried. Motion was duly made and seconded that the ban be lifted with respect to all parking except on the south side of Massachusetts Avenue in front of Blake ' s store ten days from now, February 17. Mr. Legro came into the meeting at 8:45 P.M. Upon motion duly made and seconded, it was voted Warrant to sign the Warrant for the Annual Election, March 7, 1966, and Town Meeting, March 21, 1966. Mr. Cataldo said the Board should request a meet- ing relative to Route 2. The Chairman suggested that Mr. Carroll set up a meeting with the bommissioner of Public Works. Mr. Carroll said the State usually writes and sets a date. The Chairman asked Mr. Carroll to let him know when a date has been determined so he could go in and see Commissioner Sargent ahead of time. 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 publid, Session might adversely affect the public security, the financial interest of the Town, or the reputation of any parson. Following discussion with Town Counsel pertaining to a legal matter and question of pension, it was voted to resume the open meeting. The Chairman reported the date for the Temple Emunah Auction Auction is Sunday, May 15, 1966. Upon motion duly made and seconded, it was voted to advise Temple Emunah that the Board has no objection to an outdoor auction on Sunday, May 15, 1966, on the Temple grounds. Upon motion duly made and seconded, it was voted to adjourn at 9:10 P.M. A true record, Attest: /pec r'�_iv�ert�, sel®ct�n