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HomeMy WebLinkAbout1965-12-27-min 456 a ct SELECTMEN'S MEETING December 27, 1965 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, December 27, 1965, at 7:30 P M Chairman Cole, 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 The Chairman read a letter from Mr. Irwin, Building Inspector, advising that the Lex-Land Construction of Lex-land Newton had, on December 2, 1965, resubmitted the plans Construction for proposed construction on Lot 3B, 312, 314 and 316 Woburn St . Laconia Street The original application was withdrawn (Laconia St . ) by the applicant on June 2, 1965 as a result of negoti- ations between Town Counsel and the attorney for the corporation He pointed out that he has ten days in which to approve or disapprove an application unless an extension of time is authorized by the Board. Mr Legro stated this is the matter in which the Board agreed not to extend to January 13 The reason for the resubmission is that time is running out as to the Planning Board agreement He said he presumed there is nothing for the Building Inspector to do at this time but to issue a building permit if it complies with the Building and Zoning By-Laws He explained, under the stati1, the Board has a period of six months if they don' t begin con- struction in which it can continue the negotiations, if there is nothing to then Mr Sheldon asked if Mr Legro was satisfied, in his opinion, to let them go ahead. Mr Legro replied that is a decidion for the Planning Board He said this application for a permit is to con- struct two separate buildings, one on each side of the right of way The owners don' t want to do it this way and that is the reason they withdrew previously Now they feel there is no particular point in delaying it further He explained they don't want to wait because of a possible change in the zoning there Mr. Cataldo asked if Mr Legro thought they were using this as a leverage to get the right of way Mr Legro replied he was told they were doing it only because of the ambiguity of their legal rights Mr Cataldo said he thought this should be discussed with the Planning Board The Chairman said the Building Inspector does not have to act on this before next Monday, and. suggested 457 that the Board talk to the Planning Board. Later in the evening at 9:15 P .M. , the Planning Board met with the Selectmen The Chairman told the Planning Board he received a letter from the Building Inspector , a copy of which was sent to the Planning Board. Mr Bryson stated his Board voted to try and get in contact with Mr. Kobrick and try to suggest that the Board plans to rezone that, neighborhood shopping , at this Town Meeting He said he thought this would allow more parking but less building on the lot, in exchange for the fact in which the Planning Board would be willing to go along relocating Laconia Street. The Chairman asked if this is something to which the Planning Boadd thought he would agree, and Mr. Bryson replied he did not know. Mr. Cataldo said he felt this could do nothing but create a situation worse than that now existing, and he could not see rezoning . He said he did not think the Town should penalize the individual who purchased the land under previous zoning. He suggested that the Board consider purchasing the land under Conservation, if possible, and realize 509 of the cost . Mr Sheldon said this would cost $50,000 Mr. Fowle said it would cost more than that Mr. Bryson said he thought purchasing the property would be the thing to do and is what he suggested last year. Mr. Sheldon stated that if this is to be done , the article will have to be in byJanuary 10 Mr Bryson said the Planning Board proposes to con- tact Mr. Kobrick and talk about the possibility of being willing to help relocate Laconia Street and its informal connection to Lowell Street if he in turn would not oppose an article to rezone that corner to a commercial neighborhood zone . This would have more restricted uses than the C-1 and would require smaller buildings but permit more parking Mr. Legro said his impression is that this change came up because of the newspaper publicity that was given to the change of use and he is afraid of that Mr. Cataldo asked if this could come under Conservation and Mr Legro replied he could not think of any purpose for this that would come under Conservation purposes . He said it is his opinion that Laconia Street is not a street . He also said he does have some question as to what rights might exist in it In his opinion, it is not a street as the Board knows streets to be Certain abutters may have rights and the County Commissioners did not define what they meant by abutters 45 ) The Chairman asked if there wasy anything the Board should do in granting the extension of time Mr Sheldon said the Board should decide if it wants to put an article in the warrant to acquire this property Mr Gray stated Mr. Irwin has ten days within which to issue a permit . If he issues the permit and construction ds started right away, he asked where this would leave the Town Mr Legro said this was brought up by the Planning Board last week, and this is the position the Town was in last June The permit was about to be issued and they agreed to withdraw in orderto have time to pursue the possibilities If he is still feeling cooperative, he may postpone construction for six months , during which time something might be done about acquisition Mr Mabee asked how Mr Legro felt about the Town taking the rights of the abutters by eminent domain and have him transfer the water main, etc Mr. Legro replied it is pure theory but if it is successful, it will accomplish what he assumed the two Boards wanted to do He explained to take by eminent domain, it has to be taken for a public purpose and the purpose named The Chairman asked if the Planning Board wcmid support an article to purchase. Mr. Campbell was opposed to the Town spending $60,000. Mr Greeley was also opposed and Mrs Riffin seemed to be a little in doubt. Mr Fowle said he would be in favor of acquiring the land Mr. Cataldo said the Planning Board recognized a problem existing when it wanted to rezone, and wanted to solve it at the developer' s expense and not at the Town' s expense where it belongs Mr. Sheldon stated unless the Planning Board supports this, it would be killed. Mr Legro said he suspected the Town could not buy this property. Its position would be to take any rights in that strip of land rather than to take more land than it needs. It was left that the Planning Board would approach the owners of the land and try to make the best arrangement that it can make for the Town Mr. Legro said the present status of the new Laconia Street is such that private individuals could close it off. Then the Town would have to make a taking. He said if the Planning Board prefers two buildings, the Town would be in a better position The Planning Board retired at 9:45 P M Further consideration was given to Mr. Legro' s 459 letter of November 26, 1965 with reference to Section 95A, Chapter 727, asking if the Board intended that the accept- Chap 727 ance of this section would be presented to the 1966 Annual Section 95 Town Meeting A Mr Legro said the problem he has primarily is it seems to put the matter in the hands of the Board of Selectmen, and once the Selectmen grant an annuity, the Town can take it away He said he did not know the purpose of the Act . The Chairman said, under the present system having the Retirement Board, things have been going along very well and asked why change Mr Legro said he was quite in agreement . Mr Sheldon suggested that no change be made . Upon motion duly made and seconded, it was voted to take no action relative to accepting Section 95A of Chapter 727 of the Acts of 1965 which transfers the granting of the annuity from the Retirement Board to the Board of Selectmen and provides for subsequent dis- approval or modification by the Town Meeting Mr Carroll said he was receiving a number of re- quests to flood private land for skating and he wanted to point out to the Board that the Board' s policy, which Flooding would not flood private lands for skating purposes and skating would only flood public areas designated as skating areas areas by the Recreation Committee Mr. Sheldon was in favor of continuing the policy of not flooding private lands for skating purposes Upon motion duly made and seconded, it was voted to reaffirm the Board` s prior policy Mr Carroll said right now if there was a large snowstorm, ten or twelve inches, assuming the men were to finish two or three in the morning, they would go right on lifting in Lexington Center As a general rule, the large storms were during the night and the Snow men• work right through that day .picking up snow in the removal Center. He said the traffic situation in the Center is becoming so bad it is foolish to pick up snow in the daytime . He said he wanted to put on a skeleton force the day after the snowstorm, and stated the employee receives about as many hours of time on a two or three day snowstorm as he would if he worked through the day. He said they could pick up three times as much snow in the nightime as they can during the day. The Board had no objection to Mr Carroll' s proposal. Copy of letter from Harrison Chadwick, Chairman, Northwest Area Transportation Coordinating Committee, to Associate Commissioner John Warner, Department of Public co 460 cr cot Works, was received. In response to a reque t from this representative of Arlington, the Committee ha scheduled a meeting for 8:00 F.M. , Wednesday, January 1 , 1966, in the Selectmen ' s Room to discuss developments relative to the improvement of Route 2 Letter, dated December 11, 1965, from Belle E. Swartz and Leonard K.Swartz, 7 Rolfe Road, relative to the ele- vation of the road, was held over. Mr. Carroll reported he had talked to Mr Swartz a number of times and also to his mother. The problem is these people live at the corner of Fessenden Way and Rolfe Road. He drew a rough sketch for the Board and said at the time they purchased their house, they did not have actual frontage "over here" . He explained the agreement the Town has with White and Green is that they are to construct the road to a point at the end of their property He said Mr. Swartz,' agreement is that the road is high in rd.ation to their lot and this is true. The problem is they were never informed by anyone and they never took the trouble to find out what the profile of this road would be. He said 'he did try to ease the situ- ation by dropping the road down a foot . There should never be any water on their property, but their concern is that it is an eyesore. He said he did not think there is anything the Town can do about this . White and Green claim they had slope easements. Mrs. Swartz showed Mr. Carroll a copy of her deed and it states White and Green can go on their property and do all the sloping they want to. He said it was unfortunate these people did not in- vestigate this and he thought there is nothing that can be or should be done by the Town. Mr. Sheldon said apparently their main objection is appearance, and Mr. Carroll said that was correct. The Ctjairman requested Mr Carroll to draft a reply to Mr. Swartz' letter. Mr. Mabee asked if the drainage was sufficient, and Mr. Carroll replied in the affirmative. Letter was received from the Lexington Jaycees asking the Board' s assistance in selecting a candidate for the JJaaycees' Distinguished Service Award. Chairman stated that in the past the Board has never made any suggestion and generally lone of the members of the Board is on the judges' panel. He said if any member of the Board felt strongly about a candidate, he could submit the name. 1 461 The Chairman rdad a letter, dated December 17, 1965, received from William Melbye, President of the Lexington Senior Citizens' Club, relative to financial assistance by the Town The Chairman reported that the proposal is that the Board put something in the 1966 budget. Mr Burnell said it should be handled through the Recreation Committee Mr. Gray reported Mr. Hoyt suggested a figure of $500 to be in the Recreation Committee budget. He said actually he did not think the Town can appropriate funds for a private 'group. The only way it could would be if the Town had a Senior Citizens' Council The Chairman asked if $500 could be included in the Recreation Committee budget for the Senior Citizens' Club. Mr. Legro replied this would take some thought. Letter was received from the Lexington Savings Bank, as required by Section 25, Chapter 168 of the General Trust Fund. Laws, advising that there was on deposit October 1, 1965, under the Trustees of Public Trusts, CemeteryFunds, a total of 259 accounts having a principal of 3!} ,910. Request was received from the Lexington School Sites Committee for an article to acquire a parcel of land situated on and off Highland Avenue and Pelham Road as School a school site Sites' Upon motion duly made and seconded, it was voted article to insert an article i n the warrant for the Annual Town Meeting in March Mrs. Marjorie Battin and Mr. Baylies, TMMA Warrant Committee, met with the Board. Mrs. Battin gave the background of the Committee and explained they have looked at the Town Report and the Appropriation Committee' s Report from the view of the voters getting information early. She said it is important that the Town Report be available before Town Meeting She said some Towns can assess a penalty on the Selectmen if the report is not available by a certain date and several Town Meeting Members have suggested post- poning the Town Meeting Until th0„ repartq-atedready. She said the group came up with a by-law that the Selectmen shall be responsible for the Town Report, making it available for distribution not later than March 1. She said the Selectmen could tell various Boards they have to be in on time to get the report out. Mr. Gray pointed out that there are some real practical problems and said the last warrant will not 462 etbe signed by the Board until the 8th, 9th or 10th of January. This means the bills have to be posted and the Accountant has to get his report out. He said if Town Meeting Members want a financial report in detail, this presents some problems. Mrs. Battin said the March 1st would be next year and not this year. She said the amount of detail in the report is up to Town Meeting. She said the committee felt there is a need for a committee to look at the contents and see what should be in the Town Report. Mr. Sheldon and Mr. Mabee felt the Town Report is an historical report and not to be used to help the Town Meeting Members in voting. The Chairman asked if Mrs. Battin had some form of an article to be prepared. Mres Battin said the suggestion was that a committee be made to look into this . Mrs. Battin repeated article regarding March 1 deadline. She said that the Warrant In- formation Committee suggested that the Selectmen appoint a committee to consider improvements in format and contents of report. The Chairman asked how the Board felt about inserting an article in the warrant. Mr. Cataldo felt that a committee should study the entire subject and come back with a recommendation includ- ing the date available. Mrs Battin said that would put this off for another year. Mr. Cataldo said there is no reason why the committee could not be formed now. He said the practical problems should be determined before anyone is placed in an em- barrassing position, and before an article is inserted in the warrant, let the committee look into this and come back with a recommendation. Mr. Sheldon agreed and said the study should be made before the article. Mr Burnell said the Board could still accomplish the March 1st date next year . Mr. Baylies asked if these could be an article in the warrant with an indefinite date . Mr Cataldo replied he could not see putting an article in unless it accomplished something. He said if there is to be an article , it should be for a specific purpose and specific date. Mrs. Battin asked if the committee would be an informal one of the Board. The Chairman said the Board is making every effort to get the Town Reports out in time for Town Meeting, and that having a committee to investigate the content of the Town Report might be important . He said the Board would be receptive to any names. 463 Mrs . Battin mentioned a representative from the Appropriation Committee, a representative from theTax Dollar Committee, Lois Brown, Nancy Hudson and Mary LouTouart, Wallace Wallace Bayliss, Frank H. Totman, Jr. The Chairman asked if the Board proceeded in this manner, would it semm to take care of the matter. Mrs. Battin replied she felt someone should be thinking about it. They would like better reports and have looked at the reports of Brookline, Winchester, Needham and Wellesley. She said these towns have much better recommendations under Article L} and the Appropriation Committee does not have the information in time to make similar reports. The Chairman advised Mrs. Battin that the Selectmen this year had its last budget meeting on December 18 and, except for a few minor things, it is S nished with budgets . Mr. Cataldo pointed out that if the Appropriation Committee is late this year, it is the fault of that Committee. He explained the Board has set a deadline of January 10, 1966 and all articles must be submitted by that date in precise form. Mrs. Battin said Brookline closes the warrant and all supporting information such as plans, specifications and complete inbrmation must be received by that same date the warrant is closed. She said she wondered if it would help to have it actually spelled out Sn a by-law. Mr. Cataldo pointed out the Selectmen would have to enforce it if it were a by-law. Mrs. Battin said if the Board did not enforce it, there was a penalty. Mr. Cataldo said the Board of Selectmen was trying to build up a good working relation with the various Boards without going back to a by-law. He said if there was a good line of communications, there would be no need for a penalty. The Chairman said it is the Selectmen' s responsibility to do these things and this year the Board has been living up to its responsibility. It is trying to meet these things on time . If this fails, then the -committee would have no recourse but to assess penalties. He said he did think the Board deserved the right to try this year. Mrs . Battin and Mr. Baylies retired at 8:45 P.M. Applications for renewal of Common Victuallers' licenses were received from Geoffroy' s Pharmacy and the Common Colonial Coffee Shop. Victualler Mr. Gray reported be talked to Mr. Finneran today. licenses All members of the Board of Health bad not seer the Selectmen' s letter. That Board will meet Monday night. GJ 464 tow n Mr. Finneran has his monthly reports but does not feel he should release them until he has permission from the Board of Health. Two members of the Board had not seen the Selectmen' s letter. The Chairman said the Board would request a report on the two applications received this evening. He sug- gested that the Board vote to approve all Common Victualler licenses, two members sign them and leave them in his custody until he satisfies himself that , from the Board of Health' s records, they should be granted. Upon motion duly made and seconded, it was voted to sign all applications for renewal of Common Victualler Licenses and leave it up to the Chairman whether or not the licenses should be mailed out. Mr.Mabee said he thought the Board of Selectmen should have a positive letter from the Board of Health on each Common Victualler license, similar to the pro- cedure followed in granting Taxi Driver licenses where a report is received on each one from the Chief of Police. Upon motion duly made andseconded, it was voted to grant the following Taxi Driver Licenses: Douglas B. McDowell Robert E. Fogg Richard Nhachadoorian Isabelle M. Kitson William F. McKay, Jr. Robert J. Murphy Ronald E. Richan Winifred W. Belcher Eugene H Burris Hugh J. Larkin Robert S . Ross Mark C. Aldrich William M. Belcher William P. Brenchick, Jr. Donald F. Bryant Arthur Conrad Joseph A. Costa Raymond F. Dalrymple Robert A. Delsie Paul N. Durkin Edward Sandler Upon motion duly made and seconded, it was voted Account to request the Town Accountant to carry the balance carried remaining in the Special Counsel Fees' Account forward over to the year 1966. The Chairman said the Board did not take any action Insurance on the insurance commissions for the year . Upon motion duly made and seconded, it was voted to award the commissions as written for 1964; no change to be made in the allocations . The Chairman presented several communications re- ceived by him from Jules P. Sussman, Chairman of the Conservation Commission. One of the letterss stated that the Commission has 465 observed that the last addition to "Wbippie Hill" has not yet been purchased. The land, voted for purbhase under the parks - playground law, is and will probably be left Conserva- essentially in its natural state. The commission felt tion that it may instead be possible to purchase the yet out- articles standing land under the conservation law. In order to save time , the commission felt it desirable to place two articles in the warrant; one to transfer money to the Conservation Fund (presumably from the funds devoted to the earlier article to purchase the same land, plus funds to take up the increase in its value) and an article to authorize the purchase of the land for conservation purposes, citing appropriate sections of the law. The Commission felt, since negotiations have apparently fallen through, the eminent domain clause, which is now applicable to con- servation land, should be included. s Upon motion duly made and seconded, it was voted to proceed in the manner suggested by the Conservation Commission and insert the two articles, as requested. The Chairman presented a letter from Jules P. Sussman to Mr. William L. Slayton, U.S . Department of Housiing and Urban Development, Washington, D.C. , thanking him for his telegram of December 21 advising of approval of the Commission' s application for $79,100. of counterpart funds for prolect Mass . OS-16. The Chairman submitted a letter from Mr. Jules P. Sussman, addressed to the Planning Board, requesting that Board to take steps as rapidly as possible to see that no Electrical new 'i'ats nests" of electrical wires are strung up in new wiring in neighborhoods. The letter stated that the subdivision subdivision regulations adopted last year merely "encourage" the developers to bury the wires . If Town Meeting action is required, he requested that an appropriate article be placed in the warrant for the March Town Meeting . The Chairman submitted a report on The New Conser- vation to the People of Lexington, received from Mr. Jules P. Sussman. Each member of the Board also received copies of Conservation Commissions at the Local Level apparently left for the Board by Mr. Sussman. Mr. Cataldo reported that the Public Works Building Committee recommends the insertion of an article in the warrant for the March Town Meeting, authorizing the Selectmen to retain professional services and prepare final plans and specifications and to obtain bids for the construction and original equipping and furnishing of the cc 466 et of the additions and renovations to the Town Public Works Building located on Bedford Street . He said the committee has been carrying a figure of $250,000. and would have the plans and the price for next Monday's meeting. Upon motion duly made and seconded, it was voted to insert an article in the warrant as requested. Mr. Cataldo reported that the Public Works Building Committee recommends the extension of the contract be- Halse$y tween the Town and William A. Halsey, architect, from contract December 15, 1965 to January 10, 1966, to provide pre- extended liminary cost estimates. Upon motion duly made and seconded, it was voted to extend the contract between the Town and William A. Halsey, architect, from December 15, 1965 to January 10, 1966. Mr. Cataldo said, as a member of the Public Works Building Committee, he, Mr. Gray and Mr. Carroll discussed informally with the Committee, whether or not the Board should be approached relative to inserting an article in the warrant, as preliminary steps for additional office space in the Town Office Building. He said it would take two years to obtain the figure. Mr. Sheldon said this would be a study committee . The Chairman said it would, be a committee to report back with plans, involving an appropriation of $2,000 Upon motion duly made and seconded, it was voted to insert an article to provide for a study committee and an appropriation of $2,000.00. Mr. Cataldo said he would like Mr. Carroll to arrange to have the Millyan and Jugenfeld properties cleaned up . Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating, or voting on matters which, if made public, might adversely affect the public security, the financial interest of the Town, or the reputation of any person. Following discussion with Town Counsel pertaining to a legal matter, it was voted to resume the open meeting. Upon motion duly made and seconded, it was voted to adjourn at 9:58 P.M. A true record, Attest: dive ler , Selec .,0