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SELECTMEN'S MEETING I
June 14, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, June 11.., 1965, at 7:1+5 P.M. Chairman Cole,
Messrs . Burnell, Cataldo, Sheldon and Mabee were present
Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent
of Public works, and Miss Murray, Executive Clerk, were
also present.
The following licensed Guides met with the Board:
Robert Cherny, John Graham, John Corbett, Maribeth
Leonardo, Steven F Jordan, and Ted Cody.
Guides The Chairman stated the meeting was just another
reminder to the guides who are not behaving the way the
Board would like guides to behave. He said that at
some time or other, he or other Chairman of the Board
have talked to the guides who are the first persons
tourists contact. He informed the group that the Board
had received complaints that the guides are actually
soliciting in a strong-handed manner. He said the
Board expects, in the future, that guides will conduct
themselves in a manner that will be gentlemanly and
ladylike and not force themselves on tourists He said
they are to make their services available but if tourists
are not interested, they are to be left alone. He said
he understood the guides also sell some material and sug-
gested that it be avd.lable if the tourists wish to purchase
it, but let it cease there with no high pressure salesman-
ship. He pointed out thatthe Board of Selectmen is the
licensing authority and although the Board does not like
to reTneeGuidessos •i edcan be done.
Mr. Jules P. Sussman, Chairman of the Conservation
Commission, met with the Board.
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of discussing,
Executive deliberating or voting on matters, which, if made public,
Session might adversely affect the public security, the financial
interest of the Town, or the reputation of any person.
Following a discussion on finances, it was voted
to resume the open meeting
Mr. Carroll reported on truck bids taken June 3,
and explained that GMC Truck & Coach Division was the
low bidder. However, he received a letter from them
requesting permission to withdraw the bid due to a
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serious error in the price quoted. He said he was
convinced that an honest mistake had been made and
recommended that the request be granted, and that the
bid be awarded to the next low bidder, Automotive
Service Company, Inc .
Upon motion duly made and seconded, it was voted
to grant GMC Truck & Coach Division permission to with-
draw its bid for the purchase of trucks, an error in
figuring having been made by the bidder .
Upon motion duly made and seconded, it was voted
to accept the net bid of $24,876.00 submitted by the
Automotive Service Company, Inc
Mr. Carroll referred to the house, owned by the
Town, located at 572 Massachusetts Avenue recently
vacated by the Jugenfeld family and said he would
like permission to take the building down. 572 Mass
Upon motion duly made and seconded, it was voted Avenue
to authorize Mr. Carroll to have the building at 572
Massachusetts Avenue demolished; Mr. Carroll to salvage
whatever is possible .
Mr. Carroll asked for a review of the policy on the
problem of filling swimming pools . He said while he
was out, Mr. Colella told him there was a problem He
said he thought the Board had agreed hydrants would not be
used to fill swimming pools. He said he did not think
the Water Department should fill them They should be
filled with a hose run through the meter, and if it takes Filling
three days, it takes three days swimming
The Chairman explained the situation that occurred pools
during Mr. Carroll 's absence and said the Auxiliary Fire
Department has filled pools, on the men's own time, and
a charge made for the water.
Mr. Carroll said he felt the Water Department should
not be filling swimming poole
The Chairman asked if a pool were filled from a
hydrant, if there would normally be rust in the water .
Mr. Carroll replied in the affirmative and explained
that every house on the street will have rusty water He
said most people in Town understand, and fill their own
pools .
The Chairman said the Board would make its decision
now and govern itself accordingly, and stated it was
agreed that this should be the policy
The Chairman read a letter from Edward Furash re-
questing permission to connect a perimeter drain around Connectior
the bottom of the foundation of his new home at 15 John to storm
Poulter Road. drain
Mr. Carroll said he had seen the plan and it would
be all right as far as he is concerned.
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Upon motion duly made and seconded, it was voted
to grant Mr. Edward Furash permission to connect a
perimeter drain around the bottom of the foundation
of his new home at 15 John Poulter Eoad to the storm
drain.
Upon motion duly made and seconded, it was voted
to grant petition of the Boston Edison Company and the
New England Telephone Company and sign the order for
the following j/o pole locations :
Rowers Road, southerly from a point approximately 78
feet south of Henderson Road, --
Five (5) poles
Request was received from the engineering firm of
Linenthal & Becker, Inc. , on behalf of Stop and Shop,
for permission to connect the roof waterdrain to the
Connection storm drain.
to storm Mr. Carroll said as far as he was concerned, it
drain would be all right
Upon motion duly made and seconded, it was voted
to grant permission to connect the roof water drain,
of the proposed Stop and Shop Building at the corner
of Bedford Street and Worthen Road, to the Town's 142"
storm drain.
The Chairman read a letter from Ruth Elvedt, 67
North Hancock Street, relative to a long range plan
Water for conservation of water
Mr. Carroll reported that the MDC assured him that
there is no problem and the Commission has a three-year
supply from the Quabbin Reservoir
Mr. Carroll agreed to draft a reply for the Chair-
man's signature
Copy of letter from the Planning Board to architect
Frank Crimp relative to Middleby Road was received.
Mr. Carroll reported he looked at this today and
the proposal is to locate the road away from the Frissore
house and toward the school property. He said he thought
there wa^ an exchange of land involved There are some
problems relative to the water main and drain in the
road which may be outside the road location. He said
he would make sure where these utilities are. He ex-
plained even if there is a problem, the Town could probably
maintain an easement on the Frissore land .
The Chairman said the Board would take the letter
as information
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Letter was received from Mrs . Anton S. Morton,
3 Rolfe Road, with reference to the State Department
of Public Works ! rejection of a request for a pedestrian Traffic
controlled traffic light at the intersection of Lowell
and Maple Streets Mrs . Morton asked the Board 's con-
tinued surveillance of the situation.
Mr. Fred Sgrosso 's letter relative to a drainage
problem at the end of his driveway, 8 Homestead Street, Drainage
was held over at Mr. Carroll 's request.
A postal card was received from Manfred Rosenblatt,
45 Kew Gardens Roa , Kew Gardens, New York, stating he
feels the "Stop" sign at Winchester Drive should be elimi- Traffic
nated because of the installation of lights at the inter-
section of Winchester Drive and Lowell Street
Mr. Carroll reported that the Chief's idea is a
"Stop" sign at the intersection where there are lights
is very good control in the event the lights go out of
commission.
The Chairman read a letter from C. T. Morris, Director
of Facilities Planning, Itek Corporation, in regard to the
traffic situation at the intersection of Hartwell Avenue
and Maguire Road Traffic
It was agreed to refer the subject to the Traffic
Study Committee.
Mr . Carroll reported that the contractor painting
the standpipe is working very slowly, but has speeded up
since Friday. The time limit on the contract was May 31,
1965 and the contract was signed April 28, 1965. He
stated the contractor was in some financial difficulty Standpipe
and ran into a condition inside the tank which was very
difficult to correct . He said he had drafted a letter
for the Chairman's signature which he would like sent to
the contractor, telling him the Board would grant an ex-
tensirn to June 30, 1965, after which there will be liqui-
dation damages.
The Chairman was authorized to sign the proposed letter.
At 8:25 P.M. , Mr. Daniel A. Lynch, attcrney, and his
client, Mr William H. liyan, met with the Board .
The Chairman reed a letter from Edward J. Connors
and Thomas F. Connors, holders of a license to sell all Liquor
alcoholic beverages not to be drunk on the premises at license
1700 Massachusetts Avenue , requesting permission to sell transfer
and transfer all stock to William H. Ryan, Trustee of
the Central Lexington Real Estate Trust .
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Mr. Lynch said one of the laws in the Commonwealth
of Massachusetts is 138, section 23, which he cited in
the letter. This enables every licensing Board, the
Selectmen in Lexington, to know who does own stock in a
corporation that has a license to sell liquor. The
intent is to prevent unsavory people from acquiring
stock He advised this is not a matter that has to
go before the Alcoholic Beverages Control that the
Board of Selectmen can determine who is going to own
the stock in the corporation. He said at the present
time there are 500 shares issued and outstanding. Mr
Ryan is acquiring all of that stock. He has acquired
the block at the corner of Massachusetts Avenue and
Waltham Street, and is buying Connors Bros ' block and is
buying the corporation. He will be one of the oustand-
ing taxpayers in Lexington . He has been with Polaroid
for many years and has designed multiple patents, a very
responsible and substantial citizen who lives in Carlisle.
He told the Board Mr. Ryan has very ambitious plans for the
block at the corner of Waltiam Street and for the Connors '
block, and will spend a very, very substantial amount of
money improving both blocks.
Mr. Lynch explained that in addition to the require-
ment of transferring stock, there is also a provisinn in
the law that requires approval of the Board before the
stock can be pledged. Mr. Ryan is going to pledge part
of this stock back to the Connors Bros . as part of the
purchase price
The Chairman asked who would be operating the store .
Mr. Lynch replied Mr Hyah; it will be his store.
He explained the license is not being transferred and
the name of the corporation will remain as it is . Mr.
Ryan will acquire all the stock and pledge part of it
back to Connors . He will designate a Lexington man as
manager:Ronald Fietze, 172 East Street . Mr. Fietze
came to Lexington in 194.9, graduated from the Lexington
High School in l954, is twenty-nine years old, is attend-
ing Bentley School of Accounting, was key man of the year
by the Chamber of Commerce in 1965. Mr. Ryan will spend
a substantial amount of time in Lexington supervising the
operation of the store.
Mr. Lynch said the law he spoke of provides many
things about transfer of a license. He read the follow-
ing excerpt : "No stock in a corporation holding a license
to sell alcoholic beverages shall be transferred, pledged
or issued without first obtaining the permission of the
local licensing authority. " He said in addition to the
letter the Board has, Mr. Ryan has signed a letter this
evening requesting permission of the Board.
The Chairman said the Board would make its decision
and Mr. Lynch would have an answer in writing.
Messrs . Lynch and Ryan retired at 8:33 P.M.
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Upon motion duly made and seconded, it was voted
to grant Edward J. Connors and Thomas F. Connors, holders
of a license to sell all alcoholic beverages not to be
drunk on the premis s at 1700 Massachusetts Avenue, to
sell and transfer all issued and outstanding stock to
Wiliam H. Ryan, Trustee of the Central Lexington Real
Estate Trust, subject to the Chairman checking with
Town Counsel.
Upon motion duly made and seconded, it was voted
to grant William H. Ryan, Trustee of the Central Lexington
Real Estate Trust, permission to pledge all issued and
outstanding stock of Connors. , Inc . tobe acquired by
Mr . Ryan on June 30, 1965, to Edward J. Connors and
Thomas F. Connors as collateral security for the payment
of a promissory note, subject to the Chairman checking
with Town Counsel.
Letter was received from Mr. Legro, Town Counsel,
in regard to an agreement for mutual aid in fire protection
Hanscom Air Force Base, copies of which were mailed to the
Board . Mutual Aid
Upon motion duly made and seconded, it was voted Agreement
to enter into the mutual aid agreement with the Air Force
and to authorize Mr. Legro to insert a termination clause
in the agreement in the interest of the Town.
Letter from the American Legion, Stanley Hill Post,
No . 38, Inc . , requesting permission to conduct a Fair
and Field Day September 3, 1965 through September 6, 1965
on one of the athletic fields along Worthen Road, was
held over . Fair and
Mr . Gray reported the area the Post wants is be- Field Day
tween the existing stands on Worthen Road ; the area
where they are playing softball. No admission is to
be charged.
Mr. Carroll mentioned that this area has just
been seeded and he thought Mr. Mazerall would prefer
using the enclosed field .
The Chairman asked if the Board was agreeable to
granting permission tp use whatever field is agreed upon
by Mr. Carroll and Mr . Mazerall.
Mr. Gray referred to a Certificate for Payment in
connection with the Public Facilities and Information
Building, in the amount of $5,415.00 and explained he Cert . of
had received it from the architect, C. Harry Erickson. Payment
He also explained that the Board of Selectmen made the
award of the contract so all Certificates for Payment
will come tothe Board for the Chairman 's signature .
Upon motion duly made and seconded, it was voted
to authorize the Chairman to sign Certificate for Payment
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No. 1, issued June 7, 1965 in the amount of $5,415.00;
project Public Facilities & Information Building.
Upon motion duly made and seconded, it was voted
to grant the Lexington 4-H Horse Club permission to
Horse Show conduct a Horse Show at Willard 's Woods on Sunday,
June 20, 1965, beginning at 9:00 A.M. , and to erect
a few directional signs . The signs are to be erected
and removed the day of the show.
The Chairman read a letter from Acting Chief Corr,
advising that only five policewomen are willing to work
during the summer school session.
The Chairman said he would write the School Depart-
ment and ask what schools they want covered; if no prefer-
ence is made, Acting Chief Corr will assign the five
available policewomen to the schools, which, in his
opinion, are in most need of this coverage .
Letter from Manuel Baptiste, 140 Marrett Road, com-
Zoning plaining about violation of the Zoning By-Law as it per-
tains to 167 and 123 Marrett Rodd, was referred to Mr.
Irwin, Building Inspector.
Upon motion duly made and seconded, it was voted
Appointment to re-appoint Mr. Rufus L. Mcg.uillan to the Board of
Health for a three-year term expiring June 1, 1968.
Upon motion duly made and seconded, it was voted
Dog license to sign Warrant to the Dog Officer, Michael J. Shaughnessy,
to catch and confine all dogs not duly licensed .
Upon motion duly made and seconded, it was voted
to grant permission to the residents of Dane and Foster
Permit Roads to hold a block party on Saturday, June 26, 1965,
at the intersection of the two streets, between 5:00 P.M.
and 10:00 P.M.
Upon motion duly made and seconded, it was voted
Permit to grant permission to the residents of Barberry Road
to hold a square dance on July 3, or in the event of
inclement weather, on July 5.
Upon motion duly made and secondeed, it was voted
ID Card to issue a Liquor Identification Purchase Card to James
Floyd Taylor, 1 Harrington Road, a Certificate of Birth
having keen received and placed on file
Upon motion duly made and seconded, it was voted
to grant a Taxi Driver license to William R Lofton,
License 28 Cedar Street, satisfactory character reference having
been received from the Police Department.
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Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held Minutes
on June 7, 1965.
Mr. Gray reported he received a letter from Mr.
Legro in regard to lots 211-215 Rindge Avenue, together
with an original and copy of a form whereby the Board Option -
of Selectmen could exercise the option granted to the Rindge Ave
Town by Mr. and Mrs Vasseur
Upon motion duly made and seconded, it was voted
to execute the option.
Mr. Gray said at the end of the year when some of
the accounts were being closed out, the balance in the
Westview Cemeteryappropriation, under a special article
in the warrant, 587 .51 was closed out At that time,
it was not known that there had been commitments to this
particular account The Cemetery Commissioners went to
pay a bill and there were no funds.
Upon motion duly made anu seconded, it was voted
to request the Appropriation Committee for a transfer
of $587.51 from the Reserve Fund to the Westview Ceme-
tery appropriation voted under Article 29 of the warrant
for the Annual Town Meeting, 1964.
Mr. Gray reported that he and Mr. Legro met with
Mr Stolz, Brewer & Lord, and discussed liability and
property damage insurance, and received a quotation as Insurance
to cost . He said it was their feeling that the Board
of Selectmen should consider adding these particular
coverages to the Town's policy, and this could be pro-
rated for the balance of the year.
The Chairman asked if funds were available
Mr. Gray replied he was not sure , and this is what
he will have to check out He said he and Mr. Legro
also felt the Board should consider $10,000 instead of
$5,000.
The Chairman said Mr. Gray would determine whether
there are sufficient funds available and also what the
premium will be for the remainder of the year
Mr. Gray said he would report back to the Board
next week.
Mr. Cataldo reported that the Public Works Building
Committee held a meeting Friday morning and arrived at the
conclusion that it could not proceed with any work on the
building without first obtaining answers to some questions
A questiaMs drafted and sent to all departments
occupying space in the Town Office Building and the answers
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should give the Committee the potential space needed for
an estimate solution projected to 1975 A second meeting
is scheduled for one week from Friday.
Mr. Cataldo said, in the meantime, the Committee
would like some answers from the Selectmen's Department .
Is there going to be an office for the Executive Assist-
ant ? What changes are contemplated by the Board, for
instance, a change in the Accounting Department. What
is needed if the Treasurer and Clerk's position is changed?
What about a Legal Department? He said there is talk
about a full-time clerk for the Cemetery Commissioners and
further, there is need for a conference room and a machine
room.
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of discussing,
Executive deliberating or voting on matters which, if made public,
Session might adversely affect the public security , the financial
interest of the Town, or the reputation of any person
Following discussion with Mr Carroll, Superintendent
of Public Works, and Mr. Gray, Executive Assistant, in
regard to the establishment of a salary rate for a particu-
lar position, it was voted to resume the open meeting
Upon motion duly made and seconded, it was voted
to adjourn at 9 :29 P.M.
A true record, Attest
i ev filer , Select�rf6n
de
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