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HomeMy WebLinkAbout1965-12-20-min 444 v.- ct SELECTMEN'S MEETING I December 20, 1965 A regular meeting of the Board of Selectmen was held in the Selectmne' s Room, Town Office Building, on Monday, December 20, 1965, at 7:30 P.M Chairman Cole, Messrs . Burnell, Cataldo, Sheldon and Mabee were present. Mr Legro, Town Counsel, Mr. Gray, Executive Assistant, and Miss Murray, Executive Clerk , were also present. Mr. Gray reported the Accountant Personal Services Transfer budget for 1965 is one day short and a transfer is needed. Upon motion duly made and seconded, it was voted to recommend to the Appropriation Committee that a transfer of $53. be made from the Reserve Fund to the Town Accountant' s Personal Services Account . Mr Gray reported that, due to unforeseen expenses, a transfer of $400 is necessary for the remainder of this year. Upon motion duly made and seconded, it was voted Transfer to recommend to the Appropriation Committee that a transfer of $400 be made from the Reserve Fund to the Law Departmeht Expenses Account. Mr. Gray said he had gone over the budgets and all changes recommended by the Board have been made He sug- gested that he meed with the Appropriation Committee and report the Board' s action The Chairman said the next thing is Town Reports and said that a letter should be prepared this week following up the first letter and reminding all concerned that the warrabt closes January 10, 1966 Mr. Gray retired to meet with the Appropriation Committee. The Chairman mad a letter, dated December 11, 1965, received from Douglas T. Ross, 33 Dawes Road, offering to pay the Town $300 to cover legal costs as well as to insure that the Town receives full value in the proposed exchange of equal areas of land. He also agreed to pay Land Court fees and relevant taxes, and to supply re- quired surveyor services The Chairman asked if the Board wished to reconsider the subject. No one on the Board expressed the desire to reconsider. I 445 Upon motion duly made and seconded, it was voted to accept Mr. Ross , offer of $300.00 without further consideration The Chairman read a letter, dated December 13, 1965, received from Edward T. Bigham, Jr. , attorney for Frank Campagnone, Trustee of Donna Realty Trust, asking the Board to advise him if Orchard Street could be elimi- nated from the plans in the Engineering Office. Mr. Legro explained this is a lot on the corner of Orchard Orchard Street and Reed Street. Orchard Street is a paper Street street not developed at all It only has a fifty-five foot frontage The owner wanted to build a house comparable to those in the neighborhood and appealed to the Board of Appeals for a valiance to build within ten feet of the side street. He was denied and is now back seeking to have Orchard Street removed from the Town map He stated he did not think it would help Mr Campagnone a bit. The Chairman said it would appear to him, before the Board eliminates any paper streets , it should check with the Planning Board. Mr Legro reported that the Planning Board had received a copy of Mr. Bighamts letter He said the question of paper streets being shown on theTown map comes up quite frequently. He said if this street were removed from the Town map, he did not think it would change the status. The Cliairman said he would request the Planning Board to advise the Board if it has any plans in this area. The Chairman read a letter, dated December 9, 1965, from Arnold Stern, 11 Woodcliffe Road, sta ing he would accept the Boardts offer of $25.00 in settlement of his Stern claim pertaining to sewer and drain easements, claim Mr. Legro stated he had received a copy of the letter and a confirmatory release and deed have already been prepared. The Chairman read a letter, dated November 19, 1965, (received December 13, 1965) received from Warren Cameron, Religious Special Counsel for the City of Eugene Oregon, asking if symbols the Town has any religious symbols on public property, either at holiday time or permanently. The Chairman stated the only symbols the Town has is a creche on the Common at Christmas time. Mr. Alan Adams mentioned the stone pulpit on the Common. The Chairman suggested that Mr Gray have the Police Department take pictures of these two symbols and send them to Mr. Cameron. 446 �`' cr ct The Chairman read a letter from Mark Moore, Jr. , Street President of Todd Realty, Inc . , requesting the Town to acceptance- accept Brigham Road Upon motion duly made and seconded, it was voted to insert an article in the warrant for the acceptance of Brigham Road. Letter, dated December 11, 1965, from Leonard K. Swartz, 7 Rolfe Road, with reference to the elevation of Rolfe Road the road, was held over until the next meeting when it is elevation expected Mr. Carroll, Superintendent of Public Works , will be present Upon motion duly made and seconded, it was voted Bond to establish the sum of $91,400 as the amount not less than which the 1966 bond of the Treasurer shall be written Upon motion duly made and seconded, it was voted Bond to establish the sum of $107,600 . as the amount not less than which the 1966 bond of the Collector of Taxes shall be written Upon motion duly made and seconded, it was voted Bond to establish the sum of $1,800. as the amount not less than which the 1966 bond of the Town Clerk shall be written. Upon motion duly made and seconded, it was voted to approve bond on behalf of Julian Roberts , Deputy Col- Bond lector, in the amount of $5,000 for the period ending December 31, 1966; the bond having been approved by the Commissioner of Corporations and Taxation. Application was received from Donald J. Gillespie, Jr. , requesting permission for the Lexington Public Schools Use of Music Department to hold a series of rehearsals of all hall elementary school glee clubs in Cary Memorial Hall on March 17 , 24, 31, April 7 and 14. The Chairman asked Mr. Gray to contact Mr Gillespie and tell him the Board cannot grant his request if the building is not open to the public and also to acution him about the fact that the hall has just been redecorated and ask that proper supervision be given if he decides to have the building open and thereby is permitted to use it. Upon motion duly made and seconded, it was voted License to grant a Taxi Driver License to Thomas Helburn, Old Winter Street, Lincoln; satisfactory character references having been received from he Chef of Police. 1 447 Upon motion duly made and seconded, it was voted to renew 1st Class Agent' s License issued to Lawless- License Mawhinney Motors, 581 Marrett Road Application received from George R. Reed & Son, Inc. , for renewal of a Common Victualler license, was License held over. The Chairman requested that another letter be sent to the Board of Health reiterating the Board' s request of December 15 for a list of the department ' s inspections for the preceding twelve months Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen''s meeting held Minutes on December 13, 1965 The Chairman reported that he had met with Mr. McGirr relative to the house at 572 Massachusetts Avenue and asked him specific questions; One, what was the maxi- 572 Massa- mum amount he was willing to pay the Town in lieu of taxes, chusetts to which Mr. McGirr replied, "Depends" . Avenue He then asked him if he wanted a firm guarantee that at the end of a five-year period he would be permitted to move the building from the property. Mr. McGirr not only wanted that guarantee but wanted a guarantee that he could connect to the sewer and water facilities . He finally connect to the sewer and water facilities. He finally said as far as he was concerned, the Board could drop the matter. He felt the Board had "bent over backwards" in trying to be fair He said he dould not see spending money for something on which he did not have any guarantee that he would not lose it Mr. Mabee, with reference to question #2, asked if the real inference was to move the house from where it is now onto his property. The Chairman replied onto any property he wants to, but he was talking about onto his property. Mr. Mabee asked if he inferred moving it to anywhere but on his property The Chairman replied it seemed to him the only property he was interested in was the rear property. The Chairman said he did make a copy of the Counsel's opinion in the matter for Mr. Ripley over a week ago, and has not heard from him or from Mr Jaquith He asked if anyone else on the Board had received any calls. There were none The ( iainrnan asked what the Board' s pleasure was in the matter. Motion was made to demolish the building. cc 44cr� ct Mr. Burnell said he had hoped the Board could find a simple solution but the longer the Board looked at this, the more complicated it became He said he sympathized with Mr. Ripley' s claire to keep old buildings like this but under the circumstances there is nowhere to go but back to the original decision to take the building down The Chairman said the Board has given due consideration to this over a long period of time and the Board has not acted in an arbitrary manner, but after due deliberation has reached this point Upon motion duly made and seconded, it was unanimously voted to demolish the building at #572 Massachusetts Avenue and that Mr. Carroll be instructed to proceed with the demolition at 7:30 A M. Tuesday morning, December 21, 1965. Mr. Burnell said he was talking with Mr. Campbell of the Planning Boa0d this evening and he inquired about the Traffic Study Committee and wondered what it was doing. Mr Burnell asked if the Committee was supposed to have a representative from the Planning Board He said he re- called five years ago there was a traffic committee made up of Mr. Snow, representing the Planning Board, the Chairman of the Board of Selectmen, the Chief of Police and Mr. Carroll, Superintendent of Public Works He said he was wondering if, at the last traffic meeting, the members were talking about certaiib intersections and the studies of traffic and one of the members of the committee thought the committee was in- fringing in the Planning Board' s areas. He said this is where the committee finds itself, in an area that is between the Selectmen' s responsibility and the Planning Board' s responsi- bility and he wondered if it would be well to have a member of the Planning Board on this committee. The Chairman said he was wondering if the Board would not be in a better position if the Traffic Study Committee consulted of the Planning Director, Chief of Police, Super- intendent of Public Works, and Mr. Gray, 'representing the the Board of Selectmen. The Committee would come to the Board with recommendations and no one Selectman would be involved. He said this was in no way a reflection on Mr. Burnell. He eagd^-.ffieeibbnght in areas as sensitive as this can be, the Board would be in a attonger position tjaving all professionals on the committee Mr. Burnell said as far as he was concerned, he would be very glad to be off the committee He said when he first started, the committee considered requests from people who wanted "Slow Children" signs or a policeman in front of a house, but he thought it had gone into greater areas of studying traffic situations The Chairman asked Mr. Gray to check on the timing of the lights in Lexington Center. 449 Mr Gray explained the lights are set so when they go ibto "Walk" , a pedestrian gets about three-quarters of the way across the street but the traffic signal remains on red for a considerable period of time He stated the signals are set so that when a pedestrian has started while the "Walk" is on, he will have time to get across The Chairman asked how the other members of the Board felt Mr. Sheldon said if Mr Burnell agreed with the sug- gestion that was made, he certainly would agree The Chairman asked for a motion, and upon motion duly made and seconded, it was unanimously voted that the Traffic Study Committee consist of the Executive Assistant to the Board, who will call the meetings, the Chief of Police, Superintendent of Public Works, and the Planning Director. Mr Cataldo reported about forty residents of the Peacock Farm area met Wednesday It was his feeling, and the feeling of the Chairman of the Board, Mr. Carroll and Mrs Riffin, of the Planning Board, that the Bpard should consider going back to the State Department of Public Works with a different ap- proach on Route 2, the approach being that the Board would like the best design possible to the entrance to Lexington He suggested that Routes L and 225 be diverted to Worthen Road right from Route 2 and eliminate the approach at Watertown Street Mr. Mabee stated this would be the main connection and the Town would give up Watertown Street as an interchange Mr Cataldo said they would have to give the Town Watertown Street as an interchange Mr Sheldon suggested that this should be discussed with the Planning Board Mr Cataldo reported the people in Peacock Farms are upset and feel thatthere are areas that have not been itibviimbeW T fstkfdeltthtbilbebbtitiOftlistbitiggoinsbedelknefldi They had questions to which the Board does not have answers Mr Mabee said what the Board is now saying is that the Route to Lexington that everyone knew for years gone by is, in lieu of that, going from Route 2 to Worthen Road and all the way down to Bedford Street. Mr. Burnell asked if then Worthen Road and Bedford Street wouldn' t have to be redesigned. Mr. Cataldo replied that section should be redeisgned anyway. Mr. Mabee said very definitely this made sense to him, and Watertown Street or some relocated Watertown Street would simply be a feeder street to Worthen Road Mr. Cataldo suggested that perhaps the Board should II have Planning Board' s approval first. co 450 a r2 :. The Chairman said the Board of Selectmen does agree, 111 it should take further steps . 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 legal matters and a claim, it was voted to resume the open meeting. Mr Legro retired at 8: 30 F.M. Mr. Homer Hagedorn, Mr . Alan Adams and Mrs. Richard Battin, met with the Board. Mr Hagedorn explained the group was present to re- quest, on behalf of the Town Government Structure Com- mittee of the TMMA, to request the Selectmen to ineert an article in the warrant which will be a general article asking the Town to create an official structure of govern- ment committee. There is interest in the subject right now. He said there really are some things that should be discussed and if the Home Rule referendum goes through, it would be wise for the Town to move immediately for the creation of a Charter Commission. He said it would be wise because almost anyone can call for election of the Charter Commission. Once elected there are only ten months to produce a Charter. He asked if the Board would be willing to insert such an article and stated the Board would notpbe asked to sponsor it unless it chose to do so. He said the Committee would be willing to present the motion. The Chairman asked if this was to be a Town Meeting Committee or a Board of Selectmen' s Committee. Mr Hagedorn replied he thought it would be better if the Moderator appointed the committee. s The Chairman asked who would prepare the article and Mr. Hagedorn replied the article should come in in good form as Mr . Stevens is a member of the Committee . Mr. Cataldo said he had no objection to the Moderator appointing the committee but he thought there would be a line of communication on a twlve month' s basis where with the Moderator it is on a one-year basis The Chairman said the Moderator should be in on the appointment, the Seletmen should be in on it, and asked if it would concern finances . Mr. Hagedorn said they would endorse the action athe Board has taken on a Comptroller They would also have suggestions for the Finance Committee and suggestions for the administration of finance. 451 Mr Hagedorn said when the Board sees the report, it would see that it should be broader than that or narrower They have gone into every phase of Town Goverment Some of these things may never be accepted, but they should be discussed He said it would be better for the Board to look at what they have to say in detail. The Chairman said the Board is in sympathy with the general direction and he thought there might be a little question as to the mechanics of forming this committee. If the Committee is appointed, it will have to work with everyone and as a matter of good politics, everyone should be kept informed Mr. Hagedorn said it would have to work that way In the general aspect, the Board was agreeable to inserting an article in the warrant The Chairman said the onus would be on Mr Hagedorn and his committee to get the article ready and it should be submitted not later than January 10 'Upon motion duly made and seconded, it was voted to insert an article in the warrant for the Annual Town Meeting in March, 1966, to create an official structure of government committee Mr. Hagedorn retired at 8:45 P.M. The Planning Board met with the Selectmen and the Chairman explained they had been invited to the meeting for the purpose of discussing Route 2. Mr. Cataldo reported on a meeting with residents from the Peacock Farm area that resulted in 1) a request to be made to the State Department of Public Works for a set of its specifications to design and build roads such as the Watertown Street interchange, and 2) that the Board go back to the State Department of Public Works with the approach Watertown Street interchange be one of the main entrances to Lexington and should be right engineeringwise, trafficwise and aesthetically Mr Cataldo said Worthen Road, at this point, is pretty well along, and if the right approach was made, the Town might receive some Federal Aid for construction of this as a sesadary road. The Chairman said a rew years ago, Worthen Road and Emerson Road were sold to the Town as collector roads and this would in fact make it a by-pass road Mr. Bryson said that was one of the important con- siderations andthe Board decided it would only take a few more seconds to go down Waltham Street to Route 2 Mr Fowle said calling 'Worthen Road Route 4 and 225 would be an excuse to open up the design and also to get Federal aid and to deflect some traffic through the center . 452 a Ct Mr. Campbell said discussion had been held regarding the deadending of Peacock Farm which solves the problem Mr Cataldo said this solves one problem The Board is taking the approach of getting Worthen Road on Route 2 That only solves one of Peacock Farm' s problems . Mr Fowle said a radical change in plans may be required Mr Cataldo said the Board would ask how it can best accomplish this and what other approach could be taken that could be taken that would be strong enough to get the State to open this up Mr Mabee said, basically, the Board was for this from the beginning It goes back to the idea there were three entrances on Route 2 and the Town was asked to tell which one it wanted and that was it Then the idea was brought up about 4 and 225 He said he thought it would be worth pursuing this as a last resort Mr Bryson said if the Selectmen wanted to carry this, he would go along with it Mr Cataldo askediif the Planning Board felt Routes 4 and 2a5 should be Worthen Road against Massachusetts Avenue . Mr Fowle replied he thought that was a spendid idea The Chairman said other neighborhodds would be affected He said he would like to do everything possible for the people in the Peacock Farm area, but he thought the Board should alsocconsider people in obher neighborhoods He said the Selectmen were unanimously in favor of pursuing this and asked the Planning Board for its opinion Mr Cataldo asked how the Planning Board felt about pursuing this on a better approach to the Town of Lexington and Mr Bryson agreed The Chairman asked if it was agreeable that the Select- men explore better ways and one of them being Worthen Road connection The Planning Board agreed Mr Cataldo asked if Worthen Road should be 4 and 225 and Mr Bryson replied in the affirmative Mr Mabee recalled that the Board is on record having written to the State that the then Planning Board and the then Board of Selectmen said there was no intentionaof tying Worthen Road and Route 2 The Steering Committeetfor the Redevelopment of Lex- ington Center met with the Board Among those present was Mr Philip Herr, Planning Board, Capital Expenditures Committee, Messrs Trani, Brown and Micheisibn Mr. Kolovson said he did not think it necessary to go through the plans which were on display and said if there were any questions, Mr Herr could explain them. He said the group was present as suggested in the summary rpport he hoped the Board received and the main purpose is 453 to ask for a trial period and to answer any questions that might be outstanding He stated the summary report the Board received has covered most of the questions, and the model set up on the table is one the Board saw some time ago It now depicts the Center as the committee would like it to be. Mr Mabee asked when the committee wanted to start this, and Mr Kolovson replied they hoped by the middle of January Mr Cataldo asked why the spaces were selected, and Mr Herr replied those would be the spaces removed in 1966 depending on action of Town Meeting He said it is to give the Town a chance before it takes a vote to see what it would do Mr. Cataldo said he had read the report and asked if this was going to give the picture the committee is looking for; there are no stores He asked why the committee did not go to the other end where the stares and traffic are . He said there is nothing in the Hunt Block and Tranihas his own parking lot. He said he did not think the committee would get anywhere near the right picture, although he agreed with the trial The Chairman asked how much money the committee would ask for in March Mr Herr replied for beautification, $30,000 which would be dependent upon a Federal grant of not less than $25,000 The probable reimbursement is $30,000 and the reimbursement depends on what is being spent on beautifi- cation in other pats of the Town. He mentioned shade tree programs , parks, playgrounds and Dutch elm. He said if in 1966 those programs were to spend less than they have in the average of the last two years, the reimburse- ment for the Center would be less than the 50%. Mr Cataldo said 50% is over and above the normal budget . Mr Cataldo asked if the Town spent $50,000 ordinarily and thisear the project cost $60,000, which would be a total of $110 ,000, would the Town get $55,000 Mr. Herr replied the Town would receive $30,000, half of the increase. Mr. Cataldo said the last time Mr Sasaki explained this, he understood the Town would receEve $55,000 Mr. Herr replied the Town would receive $30,000, half of the increase Mr Cataldo said the last time Mr Sash explained this, he understood the Town would receive $55,800 Mr Herr said there must have been some misunderstanding. Mr. Sheldon said the Town Meeting wutld be given complete information of the total plan and what it will cost. He 454 cc said it was obvious this $50,000 is only the first phase and he thought all the committee intended to do in five or ten years should be in the report He asked if the committee would be prepared to do this Mr Herr replied he believed the drawings would be done by then He said the estimate is $250,000 for beautification of the Center He said perhaps some part of the $125,000 might be privately obtained He said if the 1966 construction proves to be as successful as they think it will be, then there may be contributions toward extending it through the Center The Chairman asked about the width of the sidewalk from Waltham Street up to Depot Square, and Mr. Herr said it would be thirty-four feet The Chairman asked what width they would have on the sidewalk in front of the Central Block Mr .Herr replied more like twenty-six feet The Chairman said it means there would not be any more new building line than that is planned, and Mr. Herr said that was correct Mr Cataldo asked what species of trees would be planted, and Mr Herr replied he could not answer that . One of the men present said they would probably plant Linden trees . Mr. Sheldon said he understood this presenta- tion to be made will not or will it include recommendations for additional parking and the cost thereof Mr.Herr replied it will and does He said the plan serves four general areas for parking expansion which he pointed out on the plan on the wall The Chairman asked if there would be any merit to the suggestion that the committee make its trial period affect all the parking spaces from Grant Street up to Depot Square . Mr Herr replied he was wondering whether to go from Depot Square to Edison Way The Chairman asked if he would object to treading off one end for the other Mr.Herr said the only realrtraffic issue is at the Hunt Block He said no one is looking at this as a traffic test. It is a test in fact on sales The point of the experiment is what the impact is on businesses. Mr Cataldo suggested taking all parking out on both sides and really get the picture of what the impact is. Mr Greeley said if it is really a test of the impact on business, parking could be eliminated on the Michelson side of the avenue where there is parking in the back and a normal pattern where there is an abnormal ppttern on the other side. He said if this was to be done for experimental purposes, it should be taken in a normal stretch Mr Herr said the impact on the business depends on the specific businesses involved. He stated they were 455 trying to make the best of an awkward situation. The Chairman asked if there was any merit to the suggestion that parking be eliminated from Woolworth' s to Grant Street and putting a barrier so they get an even Traffic flow up the avenue Mr Herr replied he thought there was . Mr. Mabee asked how the impact on sales was going to be measured Mr. Herr replied they would request the businesses to report in any way they can. The Chairman asked if the committee would be agree- able to making a test of eliminating the parking from Woolworthts down to Grant Street giving an even flow of traffic right dp the avenue. Mr. Campbell said they should go all the way. Mr.Kolovson said regardless of the number of spaces that are eliminated, they have to evaluate the number that has already been eliminated He said they were dealing with variables He said the committee would like to stay with the original proposal presented this evening. He said they do not see anyaneed for further inconveniencing Town residents more so than what they have to He said the committee feels there is no need for an experiment but for the magnitude of the experience would go along with it He said the more it is extended, the Board should realize it is not taking into consideration beautification of other parking areas The committee never advocated removal of eighty-five parking spaces on the avenue He said the committee feels to inconvenience people unnecessarily and in a manner it has not projected, it is not called for. Mr Cataldo asked how long the experiment would be run. Mr Kolovson replied through March first and he assumed the earliest they could start would be January fifteenth. Upon motion duly made and seconded, it was voted that the experiment be conducted as recommended by the majority of the committee for a period from January fifteenth to March first Mr Cataldo was recorded in opposition The Chairman said it was his understanding the Planning Board would be purposing the article for the beautification of the Center, and Mr. Bryson said that was correct. The group retired at 11:05 P M Upon motion duly made and seconded, it was voted to adjourn. A true record, Attest /,„ y � �v iJ ive/Cler , Select n