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HomeMy WebLinkAbout1965-05-24-min 177 ' SELECTMEN 'S MEETING May 24, 1965 A regular meeting of the Board of Selectmen was held in the Selectmen 's Room, Town Office Building, on Monday, May 24, 1965, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Cataldo, Sheldon and Mabee were present. Mr. Legro, Town Counsel, Mr. Colella, Assis- tant Superintendent of Public Works, Mr. Higgins, Assistant Town Engineer, Mr. Gray Executive Assistant, and Miss Murray, Executive Clerk, were also present. Hearing was declared open upon notice of intention of the Board to alter and relocate Barrymeade Drive from the existing northwesterly terminus of Barrymeade Drive to the land of Joseph F. and Rosana Buse. Barrymeade Notice of the hearing was served on the abutters,, Drive as they appear on the most recent tax list, by Constable. The Chairman read a letter from the Planning Board setting forth that Board' s recommendations in favor of the proposed Barrymeade Drive alterations. Mr. Bryson, Chairman of the Planning Board, said the map shows the preliminary layout of the street which shows two right angles, and he thought half of the people in the subdivision will find it more convenient to go out the other two exits onto Lincoln Street. He stated there will be fifteen homes that will use Barry- meade Drive if it is extended. He said they will not be able to travel very fast because of the two right angle curves and this is a much safer layout for the people in the new subdivision. The Chairman said he felt the development should start at the other end. Mr. John Broderick, 1 Barrymeade Drive, said as a resident of Barrymeade Drive the objection he takes is not on the basis of the traffic that will flow on Barrymeade Drive but that which will flow into Five Forks and he took exception to this being a better alterna- tive. He said an access would have more vision than Five Forks has now. The discussion is about forty lots or something like sixty additional cars that will exit onto . Five Forks every morning and try and get through every evening. If the choice was made on the question of safety only, he took exception to that. He thought the addition of a new access on Marrett Road at this point is a lot more visible than Five Forks, and he thought it would reduce the hazard that exists at Five Forks now because people will use the alternate route. He said the traffic flow will be spread over two or three areas and Five Forks is too small to handle the traffic now. He said if this choice has been made on 178 CP a safety angle, he did not think it is a good one. The Chairman said he did live in the area at one time and is familiar with the location. Mr. Broderick said there is already an access on 2A which will be closer to Route 128 than the one sug- gested on the plan. He said Five Forks was a bus stop and has become a hazard. Mr. Burton Harrison, L. Barrymeade Drive, said Mr. Broderick was representing all the people from Barrymeade Drive. Mr. Bryson said the curve where the alternate route would cone out onto Marrett Road is actually greater than shown on this map. He said it is a blind corner although it does not look like it on this map and people coming from the Air Base would not be able to see cars. He said he appreciated that Five Forks is becoming more hazardous as more traffic flows through it. He said the Board does not have authority to put up stop signs or lights but has to get approval from the State, and if enough people are concerned, some action may be taken . Mr. Broderick said traffic comes out of 128 and does not slow down until it hits Five Forks. He thought it is far more visible than what is now going on at Five Forks. He said he would make this new street a straight run c®ming up to Marrett Road with a stop sign, and he thought it would be a lot safer than the conditions exist- ing at Five Forks. The Chairman asked if there would still be objection to this if construction were started at the other end. Mr. Broderick replied they have no objection to start- ing at the other end. His concern was pouring all this traffic through Barrymeade into Five Forks. Me said he thought more access was needed to Marrett Road. He said from the point of view of the developer, this may not be a pleasing prospect, but hefelt more access to Marrett Road is needed. The Chairman, addressing the Chairman of the Planning Board, asked if it made any difference to the developer which way it goes. Mr. Bryson replied he was not sure but he thought it would not. The Chairman said the point considered by the Planning Board was safety. Mr. Burt Nichols asked if the Selectmen would ask the Town Meeting for an appropriation. The Chairman replied the amount recommended is $500• Mr. Legro explained the appropriation is for land acquisition. The Chairman stated the $500 will be to acquire a triangle-shaped piece of land that stops any progress through there. He said this has to be acquired and is now owned by an abutter. Mr. Nichols asked if this would be a majority vote 179 or a two-thirds vote. Mr. Legro advised it is a majority vote. Mr. Broderick submitted a petition in opposition. The hearing was declared closed and the group re- tired at 7:50 P.M. Later in the evening the proposed alteration mad relocation was discussed. The Chairman recommended that the Traffic Study Committee take a look at the Five Forks problem itself. Motion was made that the Board support the position taken by the Planning Board. Mr. Burnell asked if it wouldn't be well to let the Planning Board take a look at this. The Chairman advised that the Planning Board has taken a hard look at this. Mr. Burnell asked if the Chairman thought the Planning Board uld change its thinking. The Chairman replied in the negative. He pointed out every time there is further development in the Town, people are either hurt or fear they are going to be hurt and protest. In the final analysis things don't turn out to be as bad as they think it will be. Mr. Mabee sild he would be in favor of the Planning Board's recommendation. Upon motion duly made and seconded, it was voted to alter and relocate as a town way Barrymeade Drive from the existing northwesterly terminus of Barrymeade Drive to the land of Joseph F. and Rosina Buse. Upon motion duly made and seconded, it was voted to sign an Order for the alteration and relocation of Barrymeade Drive in the following form: COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Lexington, Massachusetts Town of Lexington, Selectmen 's Room At a meeting of the. Board of Selectmen of the Town of Lexington, after having given due written notice of the intention of said Board, as required by law, to alter and relocate as a town way Barrymeade Drive from the exist- ing northwesterly terminus of Barrymeade Drive to the land of Joseph F. and Rosina Buss, all as hereinafter more fully appears, and after public hearing thereon held on May 214., 1965, Now upon consideration of the matter it is ORDERED: That this Board of Selectmen is of the opinion that public necessity and convenience require that said Barrymeade Drive be altered and relocated as a public town way, and that the same is hereby altered and relocated as a public town way respectively as follows: The alteration and relocation of Barrymeade Drive begins at a point in the easterly side line of Barrymeade Drive, said point being northerly and distant 59.23 feet 180 Cr CI from the northerly terminus of a curve of 50,00 feet radius, thence N 13° 41' 50" W distant 32.28 feet to a point, thence S !+3° 34' 00" distant 59.45 feet to a point, thence S 13° 1}].' 50" E distant 0.12 feet to a point, thence bearing to the right with a curve of 40.00 feet radius distant 53.93 feet to the point of beginning, all as shown on a plan entitled "Plan of Alteration and Relocation of Barrymeade Drive, Lex- ington, Mass., Scale 1" = 10' May 6, 1965, John J. Carroll, Town Engineer". Said Barrymeade Drive is hereby altered and relocated as shown on a plan entitled "Plan of Alteration and Reloca- tion of Barrymeade Drive, Lexington, Mass. , Scale 1" = 10' May 6, 1965, John J. Carroll, Town Engineer", which plan is onClerk's file in the Town Clerk s Office in the Town Office Building and a copy of which will be recorded with Middlesex South District Registry of Deeds with a copy of this Order. And said Board having considered the question of damages sustained by the owners of lands across and through which said ways have been laid out and established as aforesaid, hereby determines that no damages are sustained and no damages are awarded. /s/ Lincoln P. Cole Selectmen /s/ Robert Cataldo of /s/ Levi G. Burnell Lexington /s/ I. H. Mabee /s/ George C. Sheldon Mr. Legro said the Board would recall some time earlier in the year, he spoke about tax title Lot 13, Hazel Road, that the Selectmen voted to sell and convey Tax title to Sharkey some years ago. He reported he had checked the record and prepared the deed. The vote was taken December 17, 1957, at which time the taxes were apportioned for the balance of that year and there was eighty-seven cents in taxes collected. The Board has a choice whether to comply with that agreement or treat the deed as being given today and apportion this year's taxes. He said he had prepared the deed to be executed pursuant to an agree- ment entered into in 1957 and leave it as it was at that time. Upon motion duly made and seconded, it was voted to execute the deed, prepared by Town Counsel, conveying tax title lot 13 Hazel Road to Mr. John A. Sharkey. 181 The Chairman read a letter from Mr. Samuel F. Parker, of the Lexington Federal Savings and Loan Association, with reference to a sewer easement taken through land of Sewer ease- Lawrence F. and Dorothy C. Covert. ment Mr. Higgins reported that a previous letter had Covert land been received from Mr. Parker which the Clerk answered and he was sent a plan of the easement. He then sent a man down to the Engineer's Office stating that he wanted a plot plan . He was told that there was no plot plan available. He told the Engineer he had a plot plan and it was agreeable for the engineers to plot it from the bank's plot plan . Then this letter was received when they discovered they did not have a plot plan. He said he could have a plan made up that he was sure would satisfy Mr. Parker, but it will entail a $150 survey, which he thought would be part of the damages. He said Mr. Parker only wants to know Where the house is in relation to the easement. He said the house is 250 feet away from the easement. Mr. Legro said he could be given a plot plan showing the approximate location of the easement. Mr. Higgins said the engineering department knows where the easement is but it does not know where the house is. He said Mr. Parker does not know where the house is and that is the problem. Mr. Legro said he would talk to Mr. Parker and see if the problem can be resolved. Copy of letter from the School Sites Committee to Town Counsel relative to an article in the warrant for the June 7, 1965 Special Town Meeting, was received Mr. Legro explained it is merely a suggestion as to the form of the motion Article Mr. Gray said this was more for information than anything else. Mr. Cataldo abstained from any discussion. The Chairman read a letter from Alvin Fiering, 66 Munroe Road, with reference to a sewer and drain easement taken through lot 55 Munroe Road, requesting Sewer and the Board to reconsider and make a reasonable offer drain ease- of compensation for damages . ment-Fiering The Chairman asked if it was the practice to re- land seed lawns. Mr. Higgins replied that would be done . He ex- plained they are in the middle of construction now and the final condition of that property will be returned to a lawn. The Chairman said the temporary road would be nonexistent after the construction. co 182 Aw Mr. Higgins explained, with reference to the drainage, that there is a small pond in the back of the property, not on Mr. Fiering's land, and before the job is completed, it will be filled in. The Chairman said all the action taken would leave the property in its original state Mr. Higgins stated it will be better than the original state and an appraisal has been made. He said Mr. Fiering's main reason for writing the letter was to protect his rights. Mr. Sheldon suggested that the Chairman advise Mr. Fiering things would be reconstituted. The Chairman asked if any member of the Board wished to reconsider and no one did. The Chairman said he would write Mr. Flaring to the extent of the conversation. Letter was received from the State Department of Public Utilities with reference to Chapter 370 of the Excavating Acts of 1963 which prohibits issuance of permits to public ways contractors to excavate in the public way, except in an emergency, until copies of notice to the utility companies are filed by the applicant with the local authority having jurisdiction prepared. Mr. Colella stated -he had a reply prepared for the Chairman's signature and he was notifying all contractors . Mr. Legro advised that all Town contracts make reference to this statute. The Chairman read a letter from John E. Nickles, 54 Blake Road, and Dexter 0. Fisher, L18 Blake Road, requesting extension of the sanitary sewer to serve their houses . Mr. Higgins advised this extension wouild be an item for next year 's budget and he would have an esti- mate of cost prepared for signatures The Chairman read a letter from Mr. Donald K. Irwin, Building Inspector, relative to the establishment of a policy in regard to complaints Complaints The Chairman said this comes up every few years and the past policy has been ro reaffirm the idea that complaints should be in writing. Mr. Gray said if thbre is a policy, it should be established. He explained that Mr. Irwin is not com- plaining about answering complaints, but does not want to investigate complaints not under his jurisdiction and would like to tell people that the complaints will be taken care of but must be in writing. reaffirmed and if there is noolic it should be p Y, 183 The Chairman said he would inform Mr. Irwin that the Board reaffirms its position, relative to a policy established some years ago, that all complaints should be in writing if an investigation is to be made by him. The Chairman read a letter from the Town Celebrations Committee relative to placing a plaque, dedicated to the men of the USS Lexington who were lost during the Battle Plaque of the Coral Sea, on the Battle Green. Mr. Burnell suggested that the plaque be placed in a position of importande in the new Public Facilities Building. He said he was opposed to continually adding to the Green. Mr. Sheldon suggested that the Board obtain an opinion from the Lexington Historical Society and the Historic Districts Comir.itsion, the latter being in- volved anyway. The Chairman said it would be better to send both organizations a copy of the letter and he would write them for their comments. Mr. Gray reported that Leslie York asked him to bring up the subject of the loud-speaker system for Cary Hall which will cost $349.70, including installation. Mr. Burnell said he understood the equipment was to be rented. The Chairman stated that Mr.Newman, who conferred with Mr . York, is one of the leading acoustical men in the State and what he recommended would cost this amount . He also advised it would solve the problem. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $350 from the Reserve Fund to the Town Offices and Cary Memorial building Expenses Account . Mr. Gray left the meeting at 8:23 P.M. to meet with the Appropriation Committee . The Chairman read a letter from the Lexington Chapter of the American Field Service relative to a letter from Japanese Masao Hirakawa, a Japanese boy, who desires to dtudy in student the United States . The Chairman said he would advise the boy of what action has been taken by the Board in an effort to assist him. Letter was received from the Town Celebrations Com- Memorial mittee inviting the Board to participate in the obser- Day vances of Memorial Day, May 31, 1965. 184 O ct Letter was received from the Town Celebrations Com- mittee inviting the Board to participate in the observance of Memorial Day, May 31, 1965. Upon motion duly made and seconded, it was voted to issue Liquor Purchase Identification Card to George I.D. Card Petbinelli, Jr. , 51 Bridge Street, d o.b. March 17, 1944, a Certificate of Voter Registration having been submitted as required. The Chairman referred to his appointment to the Planning Board Study Committee which he said was in Planning relation to the long term planning voted at the last Board Study Town Meeting. Committee Mr. Cataldo explained the composition of the com- mittee. The Chairman appointed Mr. Sheldon to represent the Board of Selectmen The Chairman briefed the Board on the composition of the Hanscom Field-Lexington Community Council and re- commended appointment of the Chairman of the Council,, Director of Civil Defense, former Selectman Adams and Community one other member. Council Mr. Cataldo said he thought Mr. Brown would like to continue as a member. Upon motion duly made and seconded, it was voted to designate the following individuals to represent the Town of Lexington on the Hanscom Field-Lexington Community Council: Lincoln P. Cole, Jr. , Chairman of the Board of Selectmen; Alan G. Adams , former Chairman of the Board of Selectmen; Otis S. Brown, Jr. , former Selectman; Arthur E. Burrell, Director of Civil Defense and Raymond E. Barnes, Chairman of the Town Celebrations Committee. Upon motion duly made and seconded, it was voted to renew Ted Cody's Guide License . Upon motion duly made and seconded, it was voted Licenses to grant a Taxi Driver License to Alfred Doerfler, 31 Houlton Road, Bedford, satisfactory character refer- ences having been received from the Chief d' Police. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen's Meeting held May 17, 1965, as amended. Messrs. Higgins and Colella retired at 8:38 P.M. 185 Mr. Legro referred to letter received by the Board on May 13, 1965 from Mrs. Angela DeGrazia, 140 Pleasant Release of Street, requesting release of sewer betterment on portion betterment of her land taken by the Commonwealth. He submitted an instrument to be executed by the Board. Upon motion duly made and seconded, it was voted to execute instrument prepared by Town Counsel releasing from the lien securing a sewer betterment assessment on that part of the land of Dominic N. DeGrazia et ux on Pleasant Street that is within the State Highway Location as altered on February 25, 1964. The Chaaaman read a letter from the Lexington Chamber of Commerce relative to the site decided upon for erection Public Faci of the Public Facilities Building. The letter also lities Bldg stated that the Town should consider the practice of other historical towns where town funds are appropriated each year to help finance the expense of publicizing and properly taking care of visitors. The Chairman read a letter from the Lexington Choral Society Anniversary Committee requesting approval of the Board for a brief ceremony at the Lexington Green which would consist of releasing a few balloons on Saturday Choral afternoon, June 5. Society The Board did not express any opposition. Anniversary The Chairman felt permission for this activity would establish a precedent and it would be more difficult in the future for the Board to draw the line. He said he thought there would be ramifications. Mr. Adams, a former member of the Board, agreed with the Chairman and stated that various requests, not exactly of this particular type, had been refused by previous Boards. Upon motion duly made and seconded, it was voted to grant the Lexington 'Jhoral Society permission to conduct the proposed activity on the Buckman Tavern land, the area used by the Lexington Arts and Crafts Society for its annual exhibit. Mr. Temple Scanlon met with the Board and stated he had spoken to the Chairman about a group known as Accion which is a private peace corps group. There is a group of about thirty students- going to South America. who will be at Tufts College from June 20, 1965 to June 30, 1965, and would like to spend some time in Lexington with the Public Works Department, Selectmen's Meeting, and would also like to arrange a Town Meeting. He stated as soon as he received a final schedule, he will make a formal request to the Board. co 186 cr et aft The Chairman said the Board and the departments would co-operate. The Chairman reported a telephone call received from Mr. Clancy, Cabot, Cabot & Forbes, stating that the Lex- ington Jaycees have requested permission to use land on Circus Hartwell Avenue for a circus . The company did not want to grant permission until it found out whether or not the Board would have any objection The Board had no objection. At 9:00 P.M. , the Planning Board met with the Selectmen 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 in connection with Emerson Road and Laconia Street, it was voted to resume the open meeting. Mr. Bryson said he would like to make the Board aware of the Planning Boards ideas in connection with Emerson Road that will be presented to the informational meeting Thursday night and at Town Meeting. He submitted a map showing connection from Grove Street to Last Street. He explained that the piece of the road from East Street to Grove Street divides itself into ten sections; two of which are built . He explained the reason for the hurry in the Lidberg land is because if the Town does not acquire it, he can build houses on Adams Street and in the future, it would be most costly to the Town. The Planning Board does not have plans, at the present time, to build that stretch. He said he did not see this road being completed to Grove Street for ten or fifteen years. With reference to Laconia Street, the Chairman said all the Board could say is that it is negotiating with Laconia the owners through their attorney and that the Board did Street extend the time in which the Building Inspector can issue a permit for another ten days He said the Board would explore every avenue it can to come to an amicable solution The Planning Board and Mr. Legro retired at 10:10 P.M. Mr. Gray reported that the Appropriation Committee had approved a transfer of $160 from the Reserve Fund to the Selectmen's Expenses Account for the order forms he Transfer has requested in connection with the purchasing system he intends to put into effect throughout all Town Depart- ments. , Mr. Gray reported that the Appropriation Committee had approved the transfer of $600 from the Reserve Fund Transfer to the Accounting Department - Expenses Account to rent a billing machine for that department for six months . Mr. Gray reported th&t the Appropriation Committee had aprroved the transfer of $783.50 from the Reserve Transfer Fund to the Cary Memorial Library - Expenses Account to pay for installation of overhead wires from Muzzey Street over Raymond Street to the library Mr. Gray reported that the Appropriatinn Committee had approved the transfer of $150 from the Reserve Fund Transfer to the Inspection Department- Personal Services budget to pay the Plumbing and Gas Inspector who substituted for Mr. John B. Byrne during his recent illness . Mr. Gray reported that the Appropriation Committee did not approve the transfer of X350 for installation Transfer of a public speaking system in Cary Memorial Hall. Mr. Gray reported that the Appropriation Committee discussed the matter of a meter man and the Committee thought it was a good idea. Lieutenant Corr would like Meter man to hire the meter man as soon as possible and has suf- ficient funds in his budget The Chairman said the Board could give him the posi- tion, but the hiring of this individual should be on his recommendation by the Board. Mr. Gray stated the TMMA has prepared diagrams of the land exchanges and would like to see this used for information of the TMMA. It is basically what the Select- men showed at the Annual Town Meeting. The association wants permission from the Board of Selectmen to have the Engineering Department prepare these so they can be dupli- cated. It was left that Mr. Gray would work this out . Mr. Gray read a proposal on the land sale on Waltham Street, between the Manhattan Building and Anthony's, Land sale Upon motion motion duly made and seconded, it was voted to approve the proposal, as amended . Mr. Gray submitted information to the Board rela- tive to sanitary code requirements of the Town of Lex- ington vs the Sanitary code of the State and explained Sanitary the Town standards at the present time exceed the State code requirements . Mr.Gray was requested to arrange a meeting with Mr. Zaleski and the Board of Health. 188 n Mr. Gray said the 14.-H Horse Club would like to use Willards Woos for a Horse Show and Mr . Mazerall has stated the decision should be made by the Board . He said the problem is they charge admission, and as this is recreation and park land, admission cannot be charged. !}•H Horse The Chairman stated the Board could grant per- Show mission with the stipulation that the Club cannot charge admission but may accept donations . It is also to be clearly understood that therewill be no equipment taken onto the property. Upon motion duly made and seconded, it was voted to go into Executive Session for thepurpose of dis- cussing, deliberating, or voting on matters which, if made public, might adversely affect the public security, the financial interest of theTown, or the reputation of any person. Following discussion pertaining to a police matter, it was voted to resume the open meeting. Upon motion duly made and seconded, it was voted to adjourn at 10:50 P.M. A true record, attest : edsr —�-<� 2--102r ive lerls; Selectn VU 1