HomeMy WebLinkAbout1965-03-29-min 70
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SETRCTMEN,2 'TA:k,TING
March 29, 1965
., regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, March 29, 1965, at 7:30 P.M. Chairman Cole,
Messrs. Cataldo, Burnell, and Mabee were p, esent . Mr.
Legro, Town Counsel, Mr. Gray, Executive Assistant,
Mr. Carroll, Superintendent of Public Works, and Miss
Murray, Executive Clerk, were also present.
Hearing was declared open upon petition of the
Standing School Building Committee for permission to
maintain underground tanks for the storage of 10,120
gallons of No. 5 fuel oil and 510 gallons of No. 2 fuel
oil on premises located on Middleby Road.
Fuel Oil Notice of the hearing was mailed, certificate of
storage mailing, to the petitioner, owners of the property
hearing deemed to be affected as they appear on the most recent
tax list, and also advertised in the March 18, 1965
issue of the Lexington Minute-man .
Mr. Frank Crimp, architect, representing the peti-
tioner, James S. Miller, 40 Outlook Drive, Mr. and Mrs.
Gaius R. Sampson, i.6 Outlook Drive, were present at the
hearing.
Mr. Sampson asked where the tanks would be located.
He said he was not opposed, but wanted to know what it
is all about.
The Chairman submitted a plan for Mr. Sampson to
lol k at, and after he looked at it said the proposed
installations would not bother him.
Mr. Miller asked why the particular quantity has
been chosen as it seemed a great deal of fuel.
Mr. Crimp explained the customary storage capacity
has been requested which permits loading of a complete
tank with part of the load in the tank. If the tank
gets down to 3, 000 gallons, 5,000 g ..11ons can be put in,
making 8,000 gallons . If it were a 5,000 gallon tank, it
would not be possible to take a loading. He stated this
is the size they use on every building of gins size.
Mr. Mabee explained, with reference to the high school,
that the roads on which the truck had to drive were so
small the largest truck available could not be used to
pump the tanks and it costs more money to take three
loads than one load. With this school, a wid.-r road will
be provided.
Mrs. Sampson asked about the danger, and the Chairman
explained that the Chief of the Fire Department felt there
would not be any danger .
Mr. Crimp explained the more oil there is in the tank,
the less possibility of danger. He said the only time when
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it might be dangerous is when the tank is practically
empty. It is not like a gasoline ank, although a gasoline
tank is only dangerous when it is almost empty. He said
he could assure Mrs. Sampson there is no danger . He stated
the top of the tank is four feet under the ground and the
tank is about eight feet six inches in diameter and is
held in place by a heavy concrete slab that keeps it in
the ground. It will not float to the surface. He explained
it is quite an installation done with the idea of safety in
mind.
Mr. Miller said it looks as if the tank is 100 feet
from his back yard and he has not heard of any fence being
built there. He said he was ccncerned about large trucks
being up to his property .
The Chairman submitted a plan and indicated the lo-
cation of the proposed tanks as they relate to Mr. Miller' s
property.
Mr. Crimp explained there is ample protection for
children. The service driveway is completely separate
from the drive that will be used by children and buses.
The automobile traffic and pupil traffic is separate.
Mr. Miller said he was opposed because of the trucks
being near the property line. He said the distance is
about 140 feet and the truck would be seventy feet or so .
The Chairman declared the hearing closed at 7:L.5 P.M.
Upon motion duly made and seconded, it was vnted
to grant the petition and issue a license for the under-
ground storage of 10,120 gallons of No 5 fuel oil and
510 gallons of No. 2 fuel oil on premises located on
Middleby Road.
Mr. Mark Moore, Jr. , met with the Board and stated
there are some utility poles on Blake Road but he did
not realize there are no poles at the point where he is
starting to build a couple of houses. He needs elec-
tricity in three weeks. The telephone company and Boston Pole
Edison Company are in agreement where the poles should gp. locations
He asked for tentative approval from the Board permitting
the erection of the poles subject to him obtaining approval
from Pettibone, Powell and Morey. He said he could not
wait two months as it would cause severe hardship.
The Chairman asked if Mr. Moore wculd bring approval
from the abutters to the Selectmen ' s Office.
Mr. Carroll suggested that the Board approve location
of three poles because there is some question in his mind
as to where the poles should go. He reported he has
talked to the Boston Edison Company and if it is decided
that the poles will have to be relocated, the Edison Company
will do it.
Upon motion duly made and seconded, it was voted
tentative approval of three pole locations, subject to
approval from the abutters being submitted to the Board
by Mr. Moore.
Mr. Moore retired.
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a•
Mr. Alex Roketenetz met with the Board.
The Chairman stated the Board is considering award-
ing the garbage contract again.
Mr. Carroll reported that Mr. Roketenetz ' collection
this year had been satisfactory.
The Chairman asked if Mr. Roketenetz had any questions
Garbage pertaining to the contract, and he replied that he had no
contract objection.
Mr. Carroll said he wanted Mr. Roketenetz to under-
stand the contract, particularly the reference to the
number of men and trucks.
Mr. Roketenetz stated that during snow storms, he
does put on extra men and an extra truck.
The Chairman asked if Mr. Roketenetz had any prefer-
ence.
Mr. Roketenetz replied two years anyway, but he would
take it for three.
Mr. Roketenetz retired at 7:55 P.M.
Upon motion duly made and seconded, it was voted
to award the contract for the collection of garbage to
Stanley Roketenetz, Inc. for a three-year period from
June 1, 1965 to May 31, 1968 at the bid of $60,000.00
for the first year, $62,500 for the second year and
$62,500.00 for the third year.
Upon motion duly made and seconded, it was voted
Dump to issue a Yearly Dump Permit to Arnold Leavitt , Maynard,
Permit a landscaper who does work in Lexington .
Upon motion duly made and seccnded, it was voted
Minutes to approve the minutes of the Selectmen 's Meeting held
on March 22, 1965.
The Chairman read a letter from Mr. Arthur E. Burrell,
Director of Civil Defense, requesting appointment of Mr.
William J. McSweeney to the Lexington Auxiliary Fire De-
partment.
Appointment Upon motion duly made and seconded, it was voted
to appoint William J. McSweeney, 24 Bellflower Street,
to the Lexingtcn Auxiliary Fire Department .
Upon motion duly made and seconded, it was voted
to certify the character of J.B.S. Holmes, 14 Middle
Street, and Rosetta R. Watson , 79 North Street, who have
Cert. of applied to the Secretary of State for a Certificate of
Inc. Incorporation, satisfactory references having been re-
ceived from the Police Department.
Letter from Mr. Jules P. Sussman, with reference
to reappointment to the Conservation Commission, was
Appoint- held ove_ until the next meeting when it is expected
ment all members of the Board will be present, and at which
time all annual appointments will be considered.
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The Chairman read a letter from Dwight F. Clark,
who had applied for the use of Estabrook Hall for a
meeting of the Ethical Society of Boston, asking why
the proposed use does not conform to the permitted Use of hall
uses as stipulated in the will of the donors.
The Chairman asked Mr. Gray to take care of this.
Notice was received from the Historic Districts
Commission advising that a hearing has been scheduled,
on the Board's application for a certificate of appropri-
ateness, in the Selectmen ' s Room on April 1, 1965, at
8:00 P.M. The hearing is relative to the signs on the Hearing
Common.
The Chairman said he wculd make an effort to attend.
Petition was received from residents of Partridge
Road and Turning Mill Road requesting installation of a Sidewalk
sidewalk on the north side of Turning Mill Road 700 feet,
more or less, between Robinscn Road and Demar Road.
Mr. Carroll stated this is one of the sidewalks
recommended by the School Committee and he would have
an estimate of the cost for the Board next week. He
explained there is also the problem of Demar Road and
the problem of Mountain Road which relates to the re-
quest for a sidewalk on Turning Mill Road.
The matter was held over for one week.
Copies of letters between Mr. Stephen Tavilla
and Mr. Charles Avila, president of Boston Edison Company,
regarding street lights on Worthen Road, was received.
Mr. Carroll discussed some time ago the possibility
of putting underground street lights and services, but
the conclusion was that it would be too expensive for the
Town and the abutters . He said he had not pursued this
any further because there are no poles in the street .
Two weeks ago, he received a call from the Boston Edison
Company relative to request for street lights from someone
connected with Grace Chapel. He explained there is a gap
of approximately 500 feet between the plea coming in from
Bedford Street and the poles coming in from Massachusetts
Avenue, and lights can be put on those poles, whatever
size is recommended by the Boston Edison Company. He
said he thought street lights were warranted. He said
the question is whether the Board wants to consider put-
ting in two or three more poles in between. He agreed
to obtain an estimate of the annual cost of existing poles
and poles that will be set for street lights.
The Chairman read a letter from Todd Realty Trust
requesting three utility poles in Brigham Road; the area
to have all utilities underground and to be similar in
Under-
appearance
nder-appearance to the Bowser Saddle Club Estates. Earlier ground
in the evening, Mr. Moore changed his request from three street
poles to four. lights
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also
Mr. Carroll said the question is whether or not the
Board wants to pay the lighting cost for underground
street lights which is more than the overhead lights.
He said he did not, at the moment, know the difference
in cost, but thought personally the installation should
be underground.
Upon motion duly made and seconded, it was voted
to grant Mr. Moore' s request for four utility poles for
Brigham Road in the Jackson Estates ' subdivision.
Upon motion duly made and seconded, it was voted
to grant the petition and sign the order for the follow-
Pole ing i/o pole locations:
locations
Sullivan Street, southerly side, westerly from a point
approximately 9 feet west of Winter Street, --
2 poles. (2 existing pcles to be removed. )
Mr. Frank Crimp, architect, for the Standing School
Building Committee, met with the Board.
Mr. Crimp submitted a plan which he said had been
reviewed by the Superintendent of Schools, and it has
been carried to the point where he thought that it should
be made certain the layout is satisfactory to the School
Department.
Mr. Carroll explained that originally Mr. Crimp had
access to the school from Philip Road, but it was not a11
desirable access. Then there was the problem of whether
or not Moreland Avenue should be connected to Moreland
Avenue and he advised the Board that was not feasible.
He said he and Mr. Crimp feel Moreland Avenue should be
connected to Philip Road which will cost approximately
$40,000. He indicated the areas discussed on the plan
and also indicated the subdivision which he said will be
done at the time the school is ready.
Mr. Crimp said if the subdivision is not ready, it
wculd be possible to build a piece of road and provide
access to the school. He said the only thing is if it
is not ready, arrangements will have to be made for a
turnaround at a point which he indicated on the plan.
He said he hoped arrangements could be made for the con-
tractor to go over Worthen Road rather than over Philip
Road. He said he could see no difference between this
plan and the other plan providing this section of the
access road is built.
Mr. Carroll said he was sure the Town did not have
the right to travel over the subdivision.
Mr. Crimp said Philip Road would have to be used.
Mr. Carroll said he felt this should become a public
way and the question is who is going to pay for it if it
is going to be a public way. The driveway wculd be paid '
for by the school. Now it is an entirely different scheme
where part of the access to the school becomes a public way.
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He said the Board would have to decide whether or not it
wants to go to Town Meeting and get money to build this
section of Philip Road next year. He explained the $40,000
figure includes draina e and water main.
Mr. Crimp explained it has been possible to put the
car travelled access road on the front of the building
and therefore the children going from the 12,111C 41-4, to the
play area would nct cross any travelled way . He felt this
was very important for the safety of the children.
The Chairman said he would not like to see this $40,000
taken out of the normal appropriation of S100,000 for streets.
Mr. Cataldo asked why the Standing School Building
Committee could not use its available funds .
Mr. Crimp said he understood there is a question as
to whether the bond issue can be spent for a roadway .
Mr. Cataldo stated it would not be a public way unless
the Board laid it out.
Mr. Crimp said it would be built as an access road.
Mr. Legro said the question comes whether it is to
be a public way or if it is to be limited to school use and
the school is to pay for it as it did at Estabrook.
Mr. Cataldo suggested that this road be constructed
according to specifications and when Moreland Avenue is
built, it could then be accepted.
Mr. Legro said he supposed it could be done that way.
Mr. Cataldo suggested that the Standing School Build-
ing Committee pay for it out of its funds and get State
aid for one half of it .
Mr. Crimp discussed construction of the access road
on park land. He said it is now a matter of getting to-
gether with Town Counsel and the resubmitting the plan to
the School Building Assistance Commission for approval.
He indicated on the plan where Worthen Road would be
stopped for the time being, and said there would be an
access road but it would be limited to the school de-
partment. He said the people on Philip Road would
want to use it and he did not believe the School De-
partment would have any objection.
Mr. Legro said they would have to see what the
circumstances are at the time so it will be known whether
this section of road is going to be limited to school
use, but this is over a year away.
Mr. Crimp said the Building Committee plans to put
this out for bids in July and this matter will not be re-
solved by then. He indicated on the plan the extent to
which the road could be built and indicated a cutoff.
Mr. Crimp suggested that the Board approve this plan
and leave it up to him and Town Counsel. It was so
agreed.
Mr. Crimp retired at 8:30 P.M.
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Upon motion duly made and seconded, it was voted 1;r1to go into Executive Session for the purpose of discussing,
Executive deliberating or voting on matters which, if made public,
Session might adv..rsely affect the public security, the financial
interest of the Town, or the reputation of any person.
Following discussion of an item to the Editor for
publication in the Lexington Minute-man and matters con-
cerning the Town Counsel, it was voted to resume the
open meeting.
Mr. William Buchanan, 70 Simonds Road, Parker School
P.T A. , met with the Board. He asked the Board to take
whatever action is necessary to provide policewomen pro-
tection for the preschool children this summer . He said
last May, members of the Parker School P.T.A. went to the
School Department and to the Police Department, and,
through a letter, to the Traffic Committee, requesting
police protection. Last summer, the P.T.A. paid for pro-
tection provided by Mrs . Ryan . He said a few weeks ago,
Preschool he found that the original arrangements were made by the
Police people who had set up the preschool and the parents of the
coverage preschool children that the parents wculd be responsible
for getting the children to and from school. The same
parents are not there today and were not there last year,
and he was asking the Board to take some action to provice
this protection. He said there is a definite need and
it is someone' s responsibility, and asked to whom the P.T.A.
would go for protection this coming year.
Mr. Mabee asked if the preschool was open to all
children in Town.
Mr. Buchanan said that was his understanding.
Mr. Gray said all elementary schools are open and
classes are held for preschool children.
The Chairman said the most critical areas are
Parker and Adams.
Mr. Burnell said he talked to a membe of the School
Committee who was going to look into the cther five.
Mr. Gray reported that the Sup rintendent of Schools
feels that if one school is covered, probably the other
five should be covered.
Mr. Mabee asked, when it was first started, how many
schools were open .
The Chairman replied he could not remember, ,but it
was difficult to get the kindergarten and one thing was
that there would be no need for protection . He said the
School Committee does not feel it should be in its budget
to provide police protection and the police did not feel
it should be in the police budget. He asked if this is a
need that cant be taken care of, who is going to implement
protection.
Mr. Burnell asked if these were children four or five
years old.
Mr. Buchanan replied four and a half to six.
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Mr. Burnell said he could not imagine children of
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this age going out by themselves and crossing streets by
themselves.
Mr. Buchanan said he could not see a child that young
going to school either. The first few sessions the parents
did go down, then they let them go by themselves.
Mr. Mabee asked what percentage of the eligible pre-
school children avail themselves of the classes.
Mr. Cataldo said he thought it a question of whether
the situation is warranted or not, not a question of who
is going to pay for it . He asked if these parents were
going to assume the responsibility for getting these
children to school.
Mr. Buchanan said it is a matter of being physically
capable of getting across the street; even the parents
have to be able to get across the street.
Mr. Cataldo explained that is why the pedestrian
light is going to be installed.
Mr. Cataldo pointed out that police protection paid
for by a Town department would be starting another situ-
ation that will grow and comes within an area where the
Town should not be involved. He said he could not see
any parent letting a four year old child out on the street
alone.
Mr. Burnell said it will still require police pro-
tection after the light is installed.
Mr. Buchanan said if the traffic light was installed,
he would not have much of an argument, assuming this group
of parents will assume the same responsibility the original
group of parents agreed to .
The Chairman said Mr. Gray would get the total number
of children qualified to go to preschool, the number that
go , the number of schools that have kindergarten and the
number for which the School Department wants protection.
Mr. Buchanan retired at 9.25 P.M.
Messrs. York, Kolovson, Grant, Erickson, Lt. Corr
and Mrs. Morey met with the Board.
Mr. York submitted plans for the Public Facilities
Building and stated that the committee has reached the
point where the bids have been opLned and, he hoped, a
communication had gone to the Historic Districts Com-
mission so that notice of a public hearing could be in
the paper this week. He said approval of the Historic
Districts Commission is needed and location of the build-
ing will have to be resolved, which is the purpose of the
meetirgwith the Selectmen. He said determination of the
location cannot be put off any longer, and the contractor
must have an answer by April 28. Mr. York read letters
from the Chamber of Commerce and Rev. Harold T. Handley
with reference to the location of the proposed building.
The Chairman asked Lieutenant Corr if there would be
more difficulty policing the building in one location than
the other, and he replied in the negative.
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311.
Mr. Cataldo stated the Board's concern was not with
policing but the traffic situation. He said he would be
positively opposed to the location proposed by the com-
mittee because of the parking.
Mr. Grant, of the Historic Districts Commission,
said the majority of the members of that commission favor
the location as shown to the Town Meeting and felt that
location would be more appropriate and more in the spirit
of the Act.
Mr. Cataldo asked how the commission arrived at its
decision, and Mr. Grant said they would all rather have
the building somewhere than on the park property itself.
He thought the members of the commission felt that the
location shown at Town Meeting would be more appropriate
because the building would be less conspicuous and more
out of the way as one approached the Green.
Mr. Cataldo requested that he be recorded opposed
to the location recommended by the Public Facilities
Building Committee,
Motion was made that the building be placed on the
Meriam Street site. The motion was not seconded.
Motion was made and seconded, that the Selectmen
accept the location as submitted by the Public Facilities
Building Committee . Two members voted in favor and two
members voted in opposition.
The Chairman explained the subject would be considered
further when all members of the Board are present.
The group, with the exception of Lieutenant Corr ,
retired at 10.05 P.M.
Mr. Carroll stated April 18 is Easter Sunday and
the sanitary land fill is usually closed on Easter. Then
April 19 is Patriots' Day and the sanitary land fill
Sanitary is ordinarily closed on that day. He said unless the
Land Fill Board makes a decision to the contrary, he would have
a notice prepared for the public reminding it that the
sanitary land fill area will be closed both days.
Upon motion duly made and seconded, it was voted to
Sidewalk sign an order for the construction of a sidewalk on the
northerly side of Concord Avenue from No. 137 to
Waltham Street.
Mr. Legro mentioned that the Conservation Commission
was authorized by vote of the November, 1964, Town Meeting
Harrison to acquire the Harrison land in the rear of 29 North Street
land and spent $3, 000 for that purpose. He explained the
option must be executed before April 1, 1965.
Upon motion daly made and seconded, it was voted
to execute the option authorizing the Conservation Com-
mission to acquire the Harrison land in the rear of 29
North Street.
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The Chairman read a letter from Francis Keefe, at-
torney for Mr. and Mrs. Edmund P. Hoxie, with reference
to a slope easement taken of their property at 884 Massa- Slope
ehusetts Avenue in connection with the reconstruction easements
of Massachusetts Avenue. on Hoxie
Mr. Carroll reported that he sent a copy of the land
letter to the State Department of Public Works and also
to the contractor.
The Chairman read a letter from William Coughlin,
19 Rawson Avenue, requesting installation of curbing and
sidewalk. Sidewalk
Mr. Carroll reported that he had treated this as and
a sidewalk betterment request and would send out a peti- drainage
tion for signatures . He said he has funds available
in his drainage appropriation to correct the condition
as described by Mr. Coughlin.
Request was received from Porter & Desmond for per-
mission to move two houses from Appleton Street, Arlington,
to Valleyfield Street, Lexington.
Mr. Carroll said he had not looked at the houses, but Permit
he did not think there wculd be any problem.
Upon motion duly made and seconded, it was voted
to grant the request subject to approval of the Super-
intendent of Public Works and subject to approval of
Acting Chief Corr .
Messrs. Legro and Carroll left the meeting.
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of discussing,
deliberating or voting on matters which, if made public,
might adversely affect the public security, the financial Executive
interest of the Town, or the reputation of any person. Session
Following discussion of matters pertaining to Town
owned property, sewer easements and legal matters, it was
voted to resume the open meeting.
Mr. Legro and Mr. Carroll retired at 10 50 P.M.
A civil Service list of individuals eligible for
appointment as patrolmen was received.
Upon motion duly made and seconded, it was voted
to accept the list.
Upon motion duly made and seconded, it was voted Police
to appoint Robert M. Leslie, 8 Lake Street, William Young, appoint-
1162 Massachusetts Avenue and George B. Wilson, Jr. , 62 ments
Fern Street, effective April 9, 1965, at the salary rate
of $5,230.00 per year; all appointments subject to ap-
proval of the Division of Civil Service .
C,
Mr. Gray reported that Mr. Fitzgerald, Chairman of
the Board of Fire Commissioners , called and advised him
that the new ambulance has arrived in Boston. He asked
if the Bo rd of Selectmen wanted the Fire Commissioners
Ambulance to accept it and make sure it meets the specifications.
The Chairman said the normal procedure is for the
Fire Commissioners to accept the ambulance, knowing the
specifications.
Mr. Gray stated he received a letter from the Chamber
19th April of Commerce requesting a member of the Board to assist
floats as a judge in grading the floats in the April 19 parade.
Mr. Mabee agreed to represent the Board and act
as one of the thre ; judges.
Mr. Gray read a letter from the Lexin _ton Choral
Society requesting permission to line the walk on the
Buckman Tavern lawn with paintings, as part of the
Exhibition Society' s 25th anniversary celebration, from July 1k
through July 18. The paintings will be removed each
night.
The Board had no objection.
The Chairman memtioned that the Jaycees were under
the impression permission had been granted for them to
April 19 operate a stand April 19 on library property.
The other members of the Board recalled that no
such permission had been granted and it was agreed to
so advise the Jaycees .
Upon motion duly made and seconded, it was voted
to adjourn at 11 06 P.M.
A true record, Attest;
Ko) cweive ler , Selectmen
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