HomeMy WebLinkAbout1965-11-15-min 3 91
SELECTMEN1S MEETING
November 15, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, November 15, 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 stated he would entertain a motion
to issue a proclamation relative to the flag being Proclama-
flown twenty-four hours a day over the Common tion
Upon motion duly made and secoried, it was voted
to issue the following proclamation:
THE TOWN OF LEXINGTON, MASSACHUSETTS
BY THE
HONORABLE BOARD OF SELECTMEN
A PROCLAMATION
1965
WHEREAS the first battle of the American Revolution took
place in the Town of Lexington, on April 19, 1775, and
WHEREAS the Eighty Ninth Congress of the United States of
America has enacted and Lyndon B. Johnson, President, has s
signed a law permitting the Town of Lexington to fly the
flag of the United States of America for twenty-four hours
each day in commemoration of that event ,
NOW, therefore, we, the Selectmen of the Town of Lexington
dohereby proclaim
SUNDAY, NOVEMBER 21, 1965
as the day for the permanent raising of the Flagof the United
States of America over the Battle Green in the own of Lex-
ington and urge the citizens of the Town to give fitting
observance to this significant occasion
Given at the Town Office in Lex-
ington, Massachusetts, this fifteenth
day of November in the year of Our
II Lord one thousand nine hundred and
sixty-five and of the independence
of the United States of America, the
one hundred and ninetieth.
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/s/ Lincoln P. Cole , Jr.
/s/ Robert Cataldo
/s/ Levi G. Burnell
Xa/ George C. Sheldon
is/ Irving H. Mabee
Selectmen of Lexington
A true copy, attest :
Paul E. Furdon
Constable of Lexington
Hearing was declared open upon petition of the
Boston Edison Company and the New England Telephone
and Telegraph Company for permission to locate one
pole on Bloomfield Street .
Notices of the hearing were mailed to the peti-
tioners, owners of property as listed on the petitioners !
Pole plans and also filed with the Superintendent of Public
location Works.
Mr. Pratt, representing the Boston Edison Company,
and Mr. Dunn, representing the telephone company, were
the only persons present at the hearing.
Mr. Dunn explained the proposed location is to cut
down the span length and move the pole to the lot line .
Mr. Carroll reported that Mr . Higgins had looked
at the proposed location and it is all right.
The Chairman declared the hearing closed.
Upon motion duly made and seconded, it was voted
to grant the petition and sign the order for the follow-
ing i/o pole location:
Bloomfield Stret,southeasterly side, opposite Minola
Road, --
One pole
(One existing j/o pole to be removed . )
Hudson Road, northeasterly side, approximately 129 feet
southeast of Spring Street, --
One pole
Hearing was declared open upon petition of the
Boston Edison Company and the New England Telephone and
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Telegraph Company for permission to locate one pole on
Hudson Road .
Notices of the hearing were mailed to the petitioners,
owners of property as listed on the petitioners ' plans
and also filed with the Superintendent of Public works . Pole
Mr. Pratt, representing the Boston Edison Company, location
and Mr. Dunn, representing the telephone company, were
the only persons present at the hearing.
Mr. Pratt explained this is also to cut down the
span length and place the pole tothe lot line
Mr. Carroll reported that Mr. Higgins had looked
at the proposed location and it is all right.
The Chairman declared the hearing Closed.
Upon motion duly made andseconded, it was voted
to grant the petition and sign the order for the follow-
ing j/o pole location
Hudson Road, northeasterly side, approximately 129 feet
southeast of Spring Street, --
One pole.
Messrs. Pratt and Dunn retired .
The following individual was drawn for jury duty:
Arnold H. Gruber, 6 Ingleside Road Juror
Mr. Gray informed the Board he had another Certifi-
cate for Payment on the Public Facilities Building Public
in the amount of $8,672.55 which has been approved by Facilities
the Committee. Building
Upon motion duly made and seconded, it was voted Committee
to authorize the Chairman to sign the Certificate for
Payment on behalf of the Town.
Upon motion duly made and seconded, it was voted
to approve bill in the amount of $371 for architectural
services .
Mr. Legro said the Board voted to sell and convey
tax title lots 50 and 51 Hillside Avenue to Loran Wallace
and Ernest Kitchen, and he had prepared a deed to carry
out that vote. The deed provides that lots 50 and 51 Tax title
be combined into one lot.
Upon motion duly made and seconded, it was voted
to execute deed, prepared by Town Counsel, conveying
lots 50 and 51 Hillside Avenue to Loran Wallace and
Ernest Kitchen
Mr. Carroll presented a plan of a sewer easement
which he explained would bring the sewer from Cedarwood
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Terrace to the trunk sewer, and said it would cross the
property of Geraldine Magill. He reported Mrs . Magill
has been notified of the intention of the Town, but
nothing has been heard from her . He said he would
like Mr. Legro to prepare the necessary instruments .
Upon motion duly made and seconded, it was voted
to authorize Mr. Legro to prepare the necessary instru-
ment for the sewer easement over property owned by
Geraldine Magill .
Mr. Carroll reported on the problem of sea gulls
Sea Gulls at the sanitary land fill area on Hartwell Avenue, and
outlined a proposal submitted by the Abalone Pest Control
Service to eliminate the nuisance .
Upon motion duly made and seconded, it was voted
to authorize Mr. Carroll to engage the services of the
Abalene Pest 'ontrol Service andtry the proposed program.
Mr. Carroll said if the Public Facilities Building
is going to be open, he will need funds right away because
Public the building will have to be maintained from now until
Facilities April 1. He stated he has included $1712 in his budget,
Building but most of the materials are needed immediately.
The Chairman asked if W. Carroll wrs requesting a
transfer, and Mr. Carroll replied in the affirmative.
He said he has the total amount of money for manpower in
the budget .
Upon motion duly made and seconded, it was voted
to recommend to the Appropriaticn Committee that a transfer
of $1200 be made from the Reserve Fund to the new Public
Facilities Building Account
Mr. Arthur Burrell, Director of Divil Defense, met
with the Board and said the members of the Board all had
a copy of his report on the recent blackout.
The Chairman said he would like to compliment the
Civil Civil Defense, Fire and Police for the work done during
Defense the blackout . He said one area that needs attention is
the standby emergency generators .
Mr. Burrell referred to his recommendations in the
report and suggested a generator in the boiler room in
Cary Building. He said there should be power enough
to operate the boiler
The Chairman said the Board should read the report,
particularly the recommendations , carefully and he would
place the subject on the agenda for the next meeting of
the Board.
Mr. Burrell, with reference to the warning system,
said there is a pole on the corner of Lowell and East
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Streets on Town property which the contractor shows to
be right in the middle of a plot of land, but it is in
the middle of a {diddle of a man's picture window. He
suggested that the pole be moved closer to the paved
surface, about tenfeet . He said this would be an extra
in the contract and he was talking about $100.
Upon motion duly made and seconded, it was voted
to authorize an expenditure, not exceeding $100, to move
the pole as recommended by Mr. Burrell.
Mr. Cataldo asked if the Fire Department would be
connected to the system, and Mr. Burrell replied he did
not know.
The Chairman asked Mr . Burrell to discuss this with
Mr. Gray.
Mr. Burrell retired at 8 :10 P.M.
Messrs . Kolovson, Scheublin, Trani, Bateman, Tarbox,
Michelson, Brown end Bryson, Chairman of the Planning
Board, met with the Selectmen relative to the revitali-
zation of Lexington Center.
Mr . Kolovson said the purpose of the meeting is to
answer the letter he received from the Board requesting
more information, one, a more specific study be performed
of the way the p rking spaces on Massa .husetts Avenue Lexington
function. The other question was to have a survey or a Center
poll of the merchants in the Center to get their feeling
on the meters; more specifically the question was "Are
you in favor of "No Parking" on Massachusetts Avenue in
the Center provided off-street parking is provided?" He
said he has the results from 39. Eighteen are for "No
Parking" on Massachusetts Avenue and twenty-two want
parking.
Mr. Kolovson said the letter thatappeared in the
Minute-man by the design review committee, as well as the
follow-through article , was not at all endorsed or a
product of the steering committee .
Mr. Bryson asked if the committee had any discussion
with Chief Corr or John Carroll.
Mr . Kolovson said the suggestions made by both of
these people as still in the process of being studied.
He said he did not know if there would be a totally new
plan on layout, but there are some changes bound to occur
as a result of their suggestions . He said before a
final plan was submitted, it would be presented to them for
their comments .
The Chairman asked what timetable Mr . Kolovson was
on now in this respect, and he replied at least two weeks .
Mr . Kerr said they have supplemented the data they
received from Chief Corr and Mr. Carroll. He said they
111 talked about movin, traffic in the Center with Chief Corr
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again and this leads to a suggestion in a different speci-
fic first step than that which was shown here or expressed
in last week's Minute-man. He said this should be dis-
cussed with his own committee and then go back to Mr
Carroll whd Chief Corr so when the committee comes back
to the Board, the basic concept can be preserved He said
he thought the traffic and snow removal could be handled
within the basic concept
The Chairman asked how much time the Board had to make
a decision pertaining to the Center .
Mr. Carroll replied, assuming the Board wants con-
struction started early in the spring, he would say not
later than the first of the year,absolutely
The Chairman said anything the Board does will affect
the Center for all times so it can't say first, in front
of the Hunt Block
Mr. Carroll stated once the Board makes the decision
he could give it to someone to start design. He said
the latest date would be January 1st .
The Chairman said the committee was saying it does need
a little more time to bring in the plan and its recommendations
Mr. Herr said he thought everyone has agreed that the
notion of the promenade would be very nice if it could be
achieved within certain limitations
The Chairman said he received a letter from The 1775
Realty Trust expressing opposition to the proposed widening
of the sidewalk to thirty-five feet in front of the Trust 's
property. The letter stated parking space in the Center
is now at a premium and the cost of replacing spaces lost
would be extremely high. He said he would give Mr. Kolovson
a copy of the letter
Mr. Kolovson said they were working to come up with a
complete consensus of the plan
Mr . Kerr said they made a check during the peak hours
to see what the usage of the parking meters on the avenue
was They surveyed from Muzzey Street to Waltham Street
on the outside. Each space was used three times during
the peak hour from 4:30 until 5:30. They found on three
nights during the peak hour, at no time were all of the
spaces taken. There was always vacant parking space on
the avenue. He said they know that one half andnot
less than one third of all the parking meter revenue
comes from the meters on the avenue . As people become
more familiar with the off-street lots, they use them
more heavily. He said parking in the Center has shifted
off the avenue to the off-street
The Chairman asked if people leaving their cars were
interrogated to find out where they were going.
Ill Mr. Herr replied in the negative and said they watched
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the people and they were all doing quick errands . He
said one third of the spaces in the test section did not
move during the hour. The other two thirds kept changing.
Mr. Bateman said he called on twelve people today and
he was told to state the question as it was on the card,
give them the card and a pen or pencil. These best
informed on the matter, answered yes . They could discuss
something about the plan having seen it in the paper or by
previous conversation. With regard to those who did not
seem to know what was going on, he wondered if they read
off-street parking was to be provided.
Mr. Oppenheim said the people always want to park
out front and don't want to walk more than two feet .
Mr. Bryson said it is important to know how the Town
will go about this, particularly the Town Meeting Members
He said he had in mind widening the street , which he thought
was what the Town Meeting Members were talking about . Later
the question of widening the sidewalk came up. He said he
wondered if it might not be pertinent to get the views of
the Town Meeting Members on this as they were not aware of
this last March. This is a Town-wide proposition.
The Chairman said the Board has an awesome responsibility.
Mr. Kolovson stated he has received many requests from
Town Meeting Members to make a presentation.
The Chairman said he had no objection but he did not
know how it would help the Board because in the final analy-
sis the Board will have to make a decision.
Mr. Kolovson said if his group held back and did not
present the information, it would do the group no good.
The Chairman said the committee was originally ap-
pointed by the Selectmen.
Mr. Herr said there may be some point in a meeting to
finally introduce a number of the issues.
Mr. Tarbox said in developing new areas with new stores
coming into more modern design , the rear entrances to the
stores will be more attractive. He pointed out in shopping
areas one cannot get into the front of the stores with cars
and the rear entrances are as attractive as the front entrances.
He said the rear entrance may become the main entrance.
Mr. Kolovson said Burlington is now entertaining lease
arrangements so within a year construction should actually
be started.
The Chairman asked if Mr. Kolovson would want to set
a date now to report back to the Board.
Mr. Kolovson replied he would like to leave it fluid.
One of the group present asked what happened to Mr.
Bryson 's suggestion.
The Chairman said if the intent of the meeting is
information, there is nothing wrong with it. He said if
there was to be an article, it would have to be carried by
the Planning Board.
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Mr. Bryson stated his Board would be happy to do it.
The Chairman said he, personally, would have no ob-
jection to an informational meeting.
Mr. Mabee said he felt a number of Town sleeting Members,
when voting on this, had a specific thing in back of their
minds. He said he would feel better if he knew how the
Town Meeting Members felt.
Mr. Cataldo said it should be presented as a complete
story after it is put together by this committee . He stated
up to this point, there had been too many opinions and the
Board is looking for professional opinions for which the
Town is paying. He said he would like a plan justified with
professional opinions . He stated everything is up in the
air now, costs and everything.
The Chairman said the Board told the Town Meeting it
would not come back for more money, and with all good
intentions it did not intend to.
Mr. Cataldo felt facts should hot be presented to
the townspeople unless they are true.
The Chairman stated the Board has no objection to an
informational meeting providing the committee has every-
thing gelled.
Mr. Kolovson asked if he could have a more clear
understanding; regardless of the position the Board takes,
there will be an article.
The Chairman said if the Board, in its opinion, makes
a decision to have this engineering done a particular way,
it could preclude a specific plan. He said at this point
he could not tell how the Board would feel about an article
in the warrant. He stated when the Board sees the final
report, it could then tell how it feels about an article.
Mr. Bryson said it is likely the Planning Board will
come up with some articles based on this report.
The Chairman advised the closing date on the warrant
is January 10.
Mr. Bryson stated one reason for hurry is to make up
articles for the Town Meeting.
The Chairman stated time is on the essence and the
quicker the program can be gelled, the better it is.
The group retired at 8:50 P.M.
Mr. Bateman said he was asked to see if he could get
a place for a Santa Land type of program. He said it was
felt that Santa should be available for at least two week-
ends, including the week in the middle. He said three
service clubs have toluntcered to asAst in the program.
He said he found out Cary Hall will not be available and
wondered when the Public Facilities Building would be
finished and if it would be available .
The Chairman replied he did not know when the building
would be dinished or when it would be accepted. He said
the building is not finished and a lot would depend on the
Board's acceptance. He said he did not think this was
the answer.
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Mr. Cataldo pointed out the use of the building has
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been more or less determined by Town Meeting .
The Chiarman said in all probability it will not be
availabel in December.
Mr. Bateman retired at 8:55 P.M.
The matter of an application filed with the Secretary
of State by John Buckely, et ails, for a Certificate of
Incorporation was held over from the last meeting of
the Board.
The Chairman asked Town Counsel what the Board's
progatives were, and Mr. Legro replied all the Board Cert. of
is required to do is to report the facts . Inc,
Upon motion duly made and seconded, it was voted
to sign the form received from the Secretary of State's
Office stating all the facts.
Mr. Arnold Stern ' s letter inquiring about the sewer
and drain easements, in connection with the Woodhaven
Sewer project, was held over form the last meeting. Sewer &
Mr. egro stated at a mteting of November 30, 1964, drain
the Board voted on this . It was suggested that this be easements
held over again and also suggested that Mr. Stern be
reminded of the offer.
Mr. Ralph E. Pedersen ' s claim for damages to his
car which he stated wure caused by a hole in East Street
was held over. Claim
Mr. Carroll stated he had received a letter from
Mr. Legro on this which he will endeavor to answer this
week.
Mr. Legro explained this is a highway defect case
and he would take such acticn as he thought advisable.
The Chairman said he would advise Mr. Worsen this
has been referred to Town Counsel.
Copy of letter frrm John F. Cogan , Jr. , 29 Patterson
Road, to the Town Clerk, regarding an injury to his son
which he claimed was due to a hole in the street, was
read by the Chairman. Clairk
Mr. Carroll said this was the same as the previous
case.
The Chairman said he would advise Mr. Cogan that
the subject has been referred to Town Counsel.
Letter, dated October 28, 1965, was received from
Daniel S. Horgan, Chief Engineer, State Department of
Public Works, in regard to Route 2, and its connection
to Worthen Road.
Mr. Carroll said the Town should go in and see them
and ask where the $700,000 is and when a breakdown has
been obtained, ask why they think it should be charged
to the Town. He said perhaps the Bureau of Public
Roads should be brought into this. Route 2
Mr. Cataldo said he thought the Board should go
back into the Department of Public Works and discuss this
with that department.
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The Chairman asked Mr. Carroll to arrange a meeting
with Mr. Horgan .
Mr. Cataldo stated that the Board should tell him
if this is the departmentts final answer, the Board fully
intends to go to the Bureau of Public Roads.
Letter was received from the Mystic Valley Gas Com-
pany requesting permission to locate a 2" wleded steel
main in Bennington Road.
Gas main The Chairman reported a telephone call had been re-
ceived requesting permission to withdraw. He said this
would be held over for one week for the Board to take
action when it has a formal request for withdrawal.
Letter was received from the Mystic Valley Gas Com-
pany requesting permission to withdraw petition the install
Gas main a gas main in York Street and Woodland Road.
Upon motion duly made and seconded, it was voted
to grant the request .
Letter was received from Hideo Sasaki advising that
the next issue of the Minute-man will have an article
describing the recommendations of the Design Advisory Com-
mittee concerning the improvements of Massachusetts Avenue .
Mr. Cataldo said he thought this letter should be
Lexington answered, and perhaps Mr. Sasaki should be told to print
Center a complete story or no story. He said the group meeting
with the Board earlier in the evening stated it was not
responsible for this.
The Chairman said he would thank Mr. Sasaki for his
letter and refer to his article in the Minute-man.
Messrs. Legro and Carroll retired at 9:10 P.M.
Form was received from the Office of the Secretary of
State relative to an application filed by Rudy Plaue, et
als, for a Certificate of Incorporation.
Cert. of Upon motion duly made and seconded, it was voted
inc. to sign the form, stating the facts as received from the
Police investigation.
Letter was received from the Library Trustees re-
questing insertion of an article in the warrant for the
Article Annual Town Meeting, relative to arpropriating the total
amount of State Aid to be used in improving and extend-
ing the library service.
lovernor Volpets letter in regard to Emergency
Planning was held over.
Mr. Gray reported .Host towns are putting this under
Ration Civil Defense and not rationing in the sense of WW II
Board rationing.
Mr. Sheldon suggested that the Board obtain some
suggestions from the Director of Civil Defense.
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The Chairman said the Selectmen could still think
of people for this particular Board.
Mr. Cataldo asked if it was the Chairman 's intention
to establish a Board. Emergency
Mr. Gray stated the Governor is asking for names. Planning
The Chairman said the Board should let the Director
of Civil Defense come in with some names and the Bosird,
as the appointing authority, will appoint. He said all
the Bo rd is doing now is to have some names and have
Mr. Burrell submit some names .
Mr. Gray explained the appointment is made by the
Governor and the Selectmen only recommends the names.
The Chairman said his thought would be to give the
names of the Board of Selectmen .
Mr. Sheldon said he would still like to hear from
Mr. Burrell, and he thcught a member of the Police Depart-
ment should be considered.
Mr. Burnell said he thought the Chairman ' s suggestion
was good.
Mr. Sheldon suggested that the Chairman discuss this
with Mr. Burrell and if he approves, settle the matter on
the basis the Chairman suggested.
App lication, received from Edward F. Donnelly, 19
Emerald Street, for the position of Supervisor of Guides,
was placed. on file . Application
Upon motion duly made and seconded, it was voted
to deny application for a license to drive a taxi within
the limits of the Town, filed by Richard L. Covert, 42
Allen Street, Lexington. Licenses
Upon motion duly made and seconded, it was voted
to deny application for a license to drive a taxi within
the limits of the Town, filed by Lawrence French, Sudbury,
Road, Concord.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen 's Meeting held Minutes
on November 8, 1965.
Upon motion duly made and seconded, it was voPed
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 Executive
interest of the Town, or the reputation of any person. Session
Following discussion with Town Counsel pertaining to
a legal case, Law Department , letters from the Board of
Appeals and the Planning Board, relative to the removal of
gravel, it was voted to resume the open meeting.
Mr. Legro retired at 10:L.5 P.M.
The Chairman read a letter from the Town Celebrations
Committee inviting the Board to participate in the parade
on Sunday, November 21, 1965, before the exercises on the
Green with reference to the permanent flag raising.
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The Chairman said if there are going to be lights
there, the Board should give permission to have them in-
Flag stalled and lighted.
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Upon motion duly made and seconded, it was voted
to authorize installation of lights necessary for illumi-
nating the flag to be flown on the Green twenty-four
hours a day.
The Chairman reported he received a call from Alan
Cooper who would like to have the old flag on the Green
to fly it from his house,
Mr. Gray called attention to the schedule of events
on November 21, 1965, at which time this flag is to be
presented to the Lexington Historical Society, to be kept
as the last flag flown daily over the Green.
The Chairman said he had a Memorandum of Understanding,
received from the State Department of Public Works, relative
to the State setting aside $26,200 for Town upon commencement
of the Chapter 90 project on Massachusetts Avenue, subject
to monies being appropriated by the General Court for Chapter
90 projects.
Upon motion duly made and seconded, it was voted to
sign the Memorandum of Understanding.
The Chairman said the Board should take care of the
appointment of the Salary Review Board. He would make a
suggestion and then the other members of t he Board could IISalary make suggestions. He said he thought the Salary Review
Review Board should consist of a member of the Appropriation
Board Committee, Capital Expenditures Committee , Town Meeting
Members Association, League of Women Voters and one
businessman in Town.
Mr. Cataldo recommended appointing a member of the
Appropriation Committee, Board of Selectmen , Town Meeting
Members Association and two townspeople, at least one of
whom is experienced in the field of personnel.
The Chairman mentioned 1) Chairman of the Board of
Selectmen or his designee; 2) Chairman of the Appropri-
ation Committee or his designee ; 3) Chairman of the Town
Meeting Members Association or his designee ; Li.) Two people
trained in the personnel field.
Neil Chapman and Earl Sukeforth were mentioned as
being trained in personnel.
The actual appointment of the Board was held over .
Mr. Cataldo referred to an agreement Mr. Legro drew
up for the architect on the Public Works Building. He
said the Committee and the architect agreed on it.
Upon motion duly made and seconded, it was voted to
approve the proposed agreement and to have it prepared for
execution by the Board next Monday. IIThe meeting adjourned at 11:10 P.M.
A true record, Attest : , /1
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