HomeMy WebLinkAbout1965-12-20-min 444 v.-
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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
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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.
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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.
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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.
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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.
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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
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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
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have Planning Board' s approval first.
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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.
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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 .
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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
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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
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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
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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
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