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HomeMy WebLinkAbout1965-06-01-min 189 SELECTMEN'S MEETING June 1, 1965 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Tuesday, June 1, 1965, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Cataldo, Sheldon and Mabee were present . Mr. Legro, Town Counsel, Mr. Colella, Assistant Super- intendent of Public Works, Mr. Higgins, Assistant Town Engineer, Mr. Gray, Executive Assistant, and Miss Murray, Executive Clerk, were also present . Miss Mary R. McDonough, Town Clerk, met with the Board for the drawing of three jurors. The following Jurors individuals were drawn for jury duty: Jack L. Mitchell, 16 Beaehtree Road, Herman A. Speh, L. Constitution Road, and John J. Cox, 17 Burlington Street. Miss McDonough retired Mr. Legro stated he had prepared a contract for Engi- neering Services between Whitman & Howard and the Town of Lexington for the sewer force main in North Lexington. Contract I Upon motion duly made andseconded, it was voted 11 to execute the contract as submitted by Town Counsel. Mr. Legro stated he had prepared a contract for the collection of garbage for the next three years in which there is one technical error in the Certificate of In- surance, but he would hold the contracts . Garbage Upon motion duly made andseconded, it was voted contract to execute the contract between Stanley Roketenetz, Inc . , 159 New Boston Street, Woburn and the Town of Lexington as submitted by Town Counsel. Mr. Legro agreed to retain all copies until the technical error in the Certificate of Insurance is corrected. Mr. Legro stated he had prepared a contract for street work - resurfacing streets in the Town between Contract Starrett Paving Corp. and the Town Upon motion duly made and seconded, it was voted to execute the contract between Starrett Paving Corp. and the Town as submitted by Town Counsel. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen ' s Meeting held Minutes on May 24, 1965. The Board's attention was called to the fact that the Town Bounds must be perambulated this year. 190 v et AP The Chairman Clerk requested thearrange k t othe time and dates in September with Mr. Carroll, Super- intendent of Public Works . Mr. Legro said he would like to arrange an appoint- Motions' ment with the Chairman and Moderator to review the motions Meeting for the Special Town Meeting a week from last evening. He set a tentative appointment for Friday at 9:00 A.M. , but if the Moderator will be unable to attend, he would arrange a meeting for Saturday at 9:00 A.M. Upon motion duly made and seconded, it was voted to grant permission to the Lexington Choral Society to Use of use Cary Hall on July 14, 16, 17 and 18 free of charge, hall but subject to a fee of $3.46 per hour for custodian's overtime services. The Chairman read a letter from John King, 67 Shade Street, requesting an abatement of the sewer house con- nection charge. Mr. Colella explained that Mr. King called in Febru- ary and apoke to Mr. Carroll, at which time Mr. Carroll agreed to deduct the overtime incurred because the men could not locate the chimney. There was an engineering error in the location of the chimney. He said as far as the remainder of the chimney is concerned, there is no justification for an abatement. The Chairman said all the houses mentioned in Mr. King' s letter are reasonably the same distance from the street. Mr. Colella said if he went down the street one more house, there is one charged $310.21. Mr. Colella explained after the job was started, Mr King asked to have stone put under the pipe. That was $16.00. He explained some of the people to whom Mr. King referred in his letter, ut the loam back themselves. How- ever, Mr. King received $30 worth of loam. Furthermore, because he asked for stone after the job was started, addi- tional work was involved. He said the two hours ' overtime amounts to $41.16 and according to the note Mr. Carroll made, Mr. King said he would think it over. Upon motion duly made and seconded, it was voted to abate $41.16 overtime charge made to John King, 67 Shade Street, incurred connecting his house to the sanitary sewer. The Chairman asked Mr. Colella to prepare an itemized statement so that he could properly answer Mr. King's claim. The Chairman read a letter from Joseph Rosen, 6 Marlboro Rosen Road, with reference to damage he claims to have occurred Claim to his property due to the sewer easement. 191 Mr. Higgins said he had spent three times as much time as he usually does on easements talking to Mr. Rosen. He reported there are about twelve large pine trees and it was originally thought that four or five would have to be taken, but only one was taken and the rest left. At the time it seemed to be satisfactory to Mr. Rosen. He explained the Town does have the right to take down all the trees in the easement when the taking is made but tries not to . He said he looked at the reseeding of the lawn and it is in much better condition than it was before and he had taken pictures before it was re- seeded. He said the grass has not grown as it normally would because of the pine trees He reported the cess- pool was damaged. He stated the position of the houses in the area caused a great deal of concern. The Town could have put the sewer in the street doing no damage to the back of the lots, but it spent an additional $5,000.00 to put a sewer main in back of the lots know- ing the cesspools would be hit., to make it easier for the people to connect when the sewer is available. He said he would stand behind the work done. Mr. Cataldo asked when the people would be able to connect to the sewer, and Mr. Higgins replied about July first. He said it is hoped these people will connect to the sewer Mr. Mabee asked if there were any problems in the meantime, and Mr. Higgins replied none that he could see. Mr. Higgins said he could go up and showwMr. Rosen the pictures taken before the work was started. The Chairman instructed Mr. Higgins to see Mr. Rosen and then report back to the Board. Upon motion duly made and seconded, it was voted to grant the Mystic Valley Gas Company permission to lo- cate a six-inch welded steel gas main in Hill Street Gas main providing the extension conforms to specifications of the Public Works Department. At 8:00 P.M., members of the Conservation Commission, School Sites Committee and Standing School Building Com- mittee met with the Board Mr. Francis W. K. Smith, of the Conservation Com- mission, stated that the Board, at its meeting on May 3, classified three or four different committees as Regular Town Employees. He said five persons on three of those committees are affected by that classification and want to be classified as Special Employees. Mr. Smith advised that Gordon Steele, Chairman of the School Sites Committee, if left as a Regular Employee, would be in violation as he is President of Uniflow which 192co CP et services equipment to the schools in Town. He advised that Thomas Taylor, lawyer and a member of the Standing School Building, would be affected, who at the moment, is representing a client interested in making arrangements with the Town concerning entrance to the parking lot at Waltham Street Mr. Smith said he does have many clients in Town and has occasion to want to appear before the Board of Appeals and Planning Board. He alio said Mr.Lund and Mr. Ells are with a luw firm who represents a salt a company and the Attorney General has brought suit against tit company. He explained, should Lexington be one of the Towns named, the firm would be in litigation with the Town and these two attorneys would have to resign. Mr. Smith said these Boards are a one transaction type and do not have large budgets. There is notoriety in everything they do and they feel the Board of Selectmen would be justified in classifying them as Special Town Employees He stated that no other Town has classified the Conservation Com- mission as Regular. He asked the Board to reconsider classification of these groups . Mr. Steele, speaking for the School Sites Committee, said Mr. Lund would be affected under certain conditions. He said the Committee does not purchase the land It re- commends to the Town Meeting that the Town Meeting vote to acquire the land or not to acquire it . He said the committee studies the problems and makes recommendations, but the Town Meeting has far more to do with this purchase of any land than the committee does. He said he hoped the Board would reconsider this classification so the School Sites Committee can continue to work until 1966 when it will ask to be discharged. Otherwise, two or three members of the committee will have to resign Mr. Thomas Taylor said if this ruling stands, he would have to resign from the Standing Scheid)]. Building Committee . He said that committee, since its organization, has tried to have at least one attorney on it, and he thought that was the reason he wasappointed. He said he doubted if the Board could get a lawyer to go on now. Mr. Sussman read a statement giving reasons for these groups, particularly the Conservation Commission, being classified as Special TownELnployees. Mr. Aideh L. Ripley, also spoke and said he was probably the least affected personally, but he would regret seeing any of these men go out of service to the Conservation Commission and to the Town The group retired at 8:17 P.M. Upon motion duly made and seconded, it was voted to reconsider the action taken by the Board on May 17, 1965 193 when it voted to reclassify the Planning Board, School Sites Committee, Standing School Building Committee and the Conservation Commission as Regular Municipal Employees Classifi- The Chairman and Mr Cataldo were recorded in oppo- cation s it ion. Upon motion duly made and seconded, it was voted to reclassify the Planning Board, School Sites Committee, Standing School Building Committee and Conservation Com- mission as Special Municipal Employees . The Chairman and Mr . Cataldo were recorded in oppo- sition Motion was made that all Boards, other than the Board of Selectmen, be made Special Municipal Employees. The motion was not seconded. Mr Mabee said he was willing to reconsider everyone but he would like a little time. The Chairman asked that each member of the Board be given a list of classifications that have been made by the Board, and further consideration be given the subject on June lis. The Chairman read a letter from Loran E. Wallace and Ernest W. Kitchen, offering $400 for tax title lots 50 and 51 Hillside Avenue They recently purchased lot 1E9 from Donald K. Irwin and would like these two Tax title tax title lots to combine with lot 19, thereby having a frontage on a legal street, Bruce Road. It was the consensus of opinion that the offer was inadequate. Mr. Gray was requested to bring in in- formation relative to any betterments assessed against these two lots. Upon motion duly made and seconded, it was voted to appoint the following individuals Auxiliary Police Auxiliary Officers for terms expiring March 31, 1966 ; the list Police having been approved by Acting Chief Corr: SPECIAL POLICE OFFICERS March 31,1965 - - March 31, 1966 Acheson, Eugene A. 2631.E Massachusetts Avenue Adams, Alan G. 15 Somerset Road Allison, Howard D. 15 Utica Street C.D. Anderson, Carl 1E1 Ledgelawn Avenue Baker, Ramon C. 14 Stratham Road Ballou, Sidney R. 2013 Massachusetts Avenue Barrett, Elliott J. 15 Donald Street ' C.D. Brunn, Ewart M. 1E0 Downing Road Butler, Lawrence M. 21E Woodland Road 194 m. c C, SPECIAL POLICE OFFICERS (CONT 'D. ) II Cabral, Joseph E. 47 North Street Calhoon, Albert J. 104 Simonds Road Colbert, Edward P. 794 Massachusetts Avenue C.D. Dearborn, Horace N 16 Stratham Road Dearborn, Murray G. 16 Stratham Road Dooley, Henry W. 77 Baker Avenue Dreselly, Andrew 12 Patriots Drive Eriksson, E. Alden 41 Preston Road Fifield, Donald M. 25 Adams Street Finney, Charles A. 36 Albemarle Avenue Flack, Clifford F. 41 Outlook Drive Gagne, Maurice A. 18 Middle Street Galvin, Russell P. 21 Cresceht Rill Avenue Howie, Colin A. 14 Scotland Road C.D. Jefferson, Charles E. 8 Alcott Road C.D. Jenson, Edmund M. 46 Fern Street Johnson, Joseph S. 51 Spring Street II Jones, Cecil 36 Woburn Street Josephson, Harold W. 33 Liberty Avenue Kakas, Edward G. Lei- Locust Avenue Kleinberg, Edward F. 41 Moreland Avenue Lannquist, Arthur 153 Shade Street C.D.Lewis, Raymond E. 11 Hancock Street C.D. MacDonald, Charles 24 Bernard Street Maloney, William E. 289 Bedford Street MacLean, Ralph D. 9 Spring Street C D. Moretti, Joseph A. 8 Rindge Avenue Murphy, L. Francis 5 Bennett Avenue Myatt, Robert 9 Sunnyknoll Avenue Nickerson, Benjamin 81 Gleason Road C.D. Pierpont, Wilfred D. , Jr. 4 Taft Avenue Polley, John D. 189 Wood Street Prescott, Robert 6 Forest Street Redman, James 7 Dunham Street C.D. Reed, Haskell W. 72 Lowell Street Reilly, John F. 43 Downing Road II II La_ 95 SPECIAL POLICE OFFICERS ( CONT'D. ) Richards, Randall W. 67 Farmcrest Avenue Richardson, Earl W. 18 Winter Street C.D. Ritter, Julius C. 13 Pine Knoll Road Rogerson, William G. 19 Homestead Street Ruocco, Louis 28 Theresa Avenue C.D. Ryan, William J. 21 Grant Place Samuels, Frank T. , Jr. 31 Grassland Street Saunders, Robert W. 295 Marrett Road Seymour, Cyril V. 6 Paul Revere Road Shaw, James C. 24 Homestead Street Slader, Frederidk 23 North Hancock Street Smith, Edward C. 55 Taft Avenue Smith, Walter C. , Jr. 17 Coolidge Avenue Sorenson, Axel 7A Revere Street C.D. Turner, Gerald C. 9 Hillside Terrace Walsh, James V. 152 Bedford Street C.D. Wilson, David L, Jr. 2L. Homestead Street Wright, Glenn 67 Simonds Road Yewell, Paul G. 6 Iceland TerraceYoung, Stanley R. 86 Winter Street Upon motion duly made and seconded, it was voted to grant the following licenses : Joseph A. Belcastro, Auctioneer Licenses William Bongiorno, Guide Ernest A. Rogaris, Taxi Driver John C. Galvin, Taxi Driver Mrs . Ernest May, 3 Kimball noad, and Mr. Stanley Phillips met with the Board. Mrs . May said they represented a group of irate citizens, the problem being dump trucks using Vaille Avenue, which is a private way. Mr. Higgins said there is a subdivision being put in by a developer. He reported last week, he received a call and he personally talked to the developer and told him the Town had no way legally to stop him from using Vaille Avenue, but asked if he would use another street. He reported that the contractor said he would use another street and as far as he knew he did. 196co et The Chairman asked Town Counsel what rights the Town had in a private way. Mr. Legro replied essentially none. He advised that the Board had no jurisdiction whatever, in his opinion, over private streets Mr. Sheldon asked if the police could post the street . Mr. Legro replied no, not in his opinion, that the Town does not have any control over the use of a private way The Chairman asked if the abuttbrs had any control, and Mr. Legro replied he was inclined to think they do He said if these people have private rights, it is not for him to decide and is something for private counsel to determine. The Chairman said there is nothing the Board can do officially, but it might convince the developer to use another street. Mr. Gray referred to the summer schedule for Board meetings and stated that the Chairman had suggested Summer July 12, 26, August 9, 16, 30 and September 13. schedule The Chairman said he looked at the calendar and thought this would work out and asked for a vote. Upon motion duly made and seconded, it was voted to hold regular Selectmen's Meetings on July 12 and 26, August 9, 16, 30 and September 13. Mr. Gray said he talked to the Building Inspector in regard to the extension of time on the Laconia Street Laconia building permit, which will expire very shortly and the Street Board will have to take some action. Mr. Legro said it was left that the applicant would agree to withdraw its application providing if it should re-apply again before October 11, 1965 for the same structure and locus as the present application, the Board will not extend the time on which the Building Inspector is required to act as provided in the By-Law. He said they tentatively set that date giving them op- portunity to apply for a permit and not require them to act before the next Annual Town Meeting if the solution of this problem required Town Meeting action. He said the other condition was that the Planning Board would not before October 30, 1965 issue notice of a hearing of re- zoning without giving notice to them first as to its intention to do so. By withdrawing the application, they don't want to be put in a position of being deprived. This is an attempt to find a satisfactory solution through co-operation. They can apply within this period and if they do, the Board of Selectmen will not agree to extend 197 the time. The Planning Board is to give fourteen days ' notice in the event it does plan anything on rezoning and a public hearing. He stated the other condition is that the Building Inspector be, at the present time, under the opinion that the present application meets Town require- ments. He said this is his understanding from the In- spector. He informed the Board that he had said he would get positive assurance of that before he wrote to confirm these. The Chairman asked if the Planning Board had agreed, and Mr. Legro replied in the affirmative . The Chairman said Mr. Legro would check it out with the Building Inspector and the agreement by the Board is that it will not extend any further this time. He asked when the application would be withdrawn. Mr. Legro replied it is withdrawn as now subject to approval of these conditions by the Board. Upon motion duly made and seconded, it was voted to accept the terms as presented verbally by Town Counsel. Mr. Legro reported that they had spent the entire morning exploring possibilities, but no satisfactory solution has been arrived at . They have discussed re- location of Laconia Street in one direction or another and the Planning Board would like to consider both. He explained that Mr. Kobrick's problem is he does not want to get caught in a situation where the way is relocated and a discontinuance of the existing way leaves him in the same problem. He said some of the ways Mr. Kobrick suggested earlier for discontinuing old Laconia Street he is now taking a hard second look at, and is more inclined to agree with Town Counsel's original position. He said both he and Mr. Kobrick are exploring this. Mr. Sheldon said Mr. Legro intends to pursue this and asked if there was anything the Board can do. Mr. Legro said Mr. Kobrick would pursue it as he is very much interested in finding a solution. He said Mr. Kobrick has some thought of a negative easement which he did not like and suggested the possibility of taking the normal procedure of altering and relocating the way and then discontinuing the old way and maybe go through the motion of taking a negative easement Mr. Kobrick is not sure he will be in any better position than they are in now. Mr. Legro said he thought the withdrawal and opportunity to do more work is good evidence of co-operation. Mr. Bryson, Chairman of the Planning Board, came into the meeting and read the following statement concerning the width of proposed Emerson Road: 1 co 198 a' et X> The Board of Selectmen and the Planning Board do not foresee any need for the width of pave- ment on proposed Emerson Road between Grove Street and East Street to be any greater than thirty feet, which allows two lanes of traffic and one curb parking lane . On Hawthorne Road, which would eventually be a part of the proposed Emerson Road, the two Boards do not foresee any need to widen the present twenty-four foot pavement unless the residents there request it to allow curb park- ing. The Board of Selectmen agreed to the declaration of intention and signed it . Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- cussing, deliberating, or voting on matters, which, if made public, might adversely affect the public Executive security, the financial interest of the Town, or the Session reputation of any person. Following discussion relative to claims, agree- ment with the Minute Man RealtyTrust and conference with the Assessors, it was voted to resume the open meeting. Mr. Sheldon said there was an item on the draft of an agenda, but not on the agenda this evening, and Board of that was the appointment to the Board of Health. Health The Chairman said an individual can serve until appointment he is reappointed and he could not see that it would serve any purpose appointing him at this time. W. Sheldon said the Board has to live with these people and should recognize some of these people have given ten, twenty and thirty years of service to the Town and he nominated Mr . R. L. lcQuillan . The Chairman said the item was not on the agenda. Mr. Sheldon asked if it would be on the agenda for next Monday night. The Chairman said if he wanted it on, he would put it on. Mr. Cataldo said he would like to discuss the By-Laws, and submitted a report of a meeting held on Friday with Acting Chief Corr, TMMA By-Law Committee Chairman, Shirley Bayle, TMMA Officers Leslie York and Mary Lou Touart. He reported that Mr. Carroll would 1 199 11 like to have two areas classified . He is interested in the area of snow on sidewalks ; Countrys1e the only C-1 district included. He feels they should all be included. He also would like to have clarified the rules and regulations on the water and sewer department set up by the Board of Selectmen rather than going before Town Meeting. general Mr . Burnell stated that the Committee understands By-Laws this thoroughly. Mr . Cataldo said these two departments are under the Board 's jurisdiction and these should be clarified before going to Town Meeting. Mr. Burnell stated the Committee has done what the Police Department asked it to do . Mr. Gray asked permission to have an IBM survey made with reference to billing, posting and accounting. Mr. Sheldon asked if this survey would lead to buy- ing equipment or buying service . Mr. Gray stated the survey will not cost any money and the cost of the equipment will depend on what the Town needs . The Board had no objection. Upon motion duly made and seconded, it was voted to sign the following Orders for Construction of Sewers : Flintlock Road from Red Coat Lane a distance of 390 feet, more or less, northerly; Hayes Lane, from Fletcher Avenue a distance of 220 feet more or less, southerly; Sewer Lincoln Street from Marrett Road a distance of Orders 580 feet, more or less, westerly to Barry►peade Drive; Moreland Avenue from end of existing sewer a distance of 110 feet, more or less, easterly; Red Coat Lane from Flintlock Road a distance of 610 feet, more or less, easterly to Flintlock Road; Vine Street from existing sewer at #59 a distance of 100 feet, more or less, easterly. Upon motion duly made anu seconded, it was voted to sign the following Order for construction of a water main: Allen Street from near Clematis Road a distance of 880 feet, more or less, southerly. II 200 300 Upon motion duly made and seconded, it was voted ' to adjourn at 11:05 P.M. C, A true record, Attest : a c iv Cle , Sale c et n 4��1