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SELECTMEN'S MEETING
January 25, 1965 1
A regular meeting of the Board of Selectmen was
held in the Selectmen 's Room, Town Office Building, on
Monday evening, January 25, 1965, at 7:35 P.M. Messrs.
Brown, Burnell, Cataldo and Sheldon were present. Mr.
Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr.
Carroll, Superintendent of Public Works, and Miss Murray,
Executive Clerk, were also present.
In the absence of Mr. Lincoln P. Cole, Jr. , Mr. Levi G.
Burnell was duly elected Chairman, pro tem.
Letter was received from the State Department of
Public Works, together with an agreement between the
State and the Town relative to the relocation and in-
Water & stallation of the Town 's sewers and water mains, made
Sewer undeecessary by the reconstruction of a portion of Route
Route 2 2 in the Town of Lexington. A copy of the letter and
Agreement the agreement was sent to Mr. Legro, Town Counsel. A
copy of Mr. Legrols letter to the State, dated January 21,
1965, was also received.
Mr. Legro reported that he had made some slight
changes on this and had sent two copies to the State
Department of Public Works.
Mr. Carroll stated he is gling over the plan.
Mr. Legro explained the agreement is pretty much
of a routine contract and he has made some changes with
the request that Mr. Carroll review the description of
the sections to be installed, which he is doing.
The Chairman read a letter from Norman T. May,
representing Mr. and Mrs. Bevilaqua, owners of Anthony' s
Entrance to/Restaurant, stating that last fall there was discussion
Waltham St. of the possibility of selling the present Waltham Street
Parking entrance to the parking lot. The Bevilaquas are inter-
Area ested in the land or part of the land insofar as it
relates to the side and rear entrances to their building.
If negotiations are taking place, with a view to including
an article in the warrant for the March meeting authoriz-
ing the sale of this parcel, Mr. May wkuld like to hear
from the Board.
A copy of the communication was sent to Town Counsel.
Mr. Legro stated there is an article to authorize
the sale of the entire parcel. This should be taken care
of by the article.
Mr. Gray was requested to contact Mr. May, and Mr.
Cataldo suggested that he advise Mr. May if the Board re-
ceives permission to sell, he will be contacted.
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The Chairman read a letter from Alfred P. Tropeano,
attorney for Warren T. and Elizabeth Ferguson, requesting
an abatement of the sewer betterment levied against lot
L.C. 358 Fairbanks Road. Mr. Tropeano stated in his
letter that the petitioners have not, will not and cannot Ferguson
receive any benefit, advantage or betterment to the lot Sewer
as the same, prior to installation of sewers on Fairbanks Betterment
Road, was serviced by mains installed and paid for by the
developer, Cary Realty Trust.
A copy of the communication was sent to Mr. Carroll.
Mr. Carroll reported that he has been in contact
with Mr. Ferguson and is supposed to meet him tomorrow at
4:30 P.M. about this particular problem.
No action was taken by the Board and the request
for an abatement was held over until the next regular meeting.
During the week, Chairman Cole received a telephone
call from Mrs. Rhoda M. Gelles, 30 Turning Mill Road,
registering complaint re plowing sidewalks, and he re- Sidewalk
quested that the subject be placed on the agenda for this plowing
evening.
The Chairman asked Mr . Gray to find out what Mrs.
Galles wants.
Upon motion day made and seconded, it was voted
to grant the petition and sign the order for the follow- Pole
ing j/o pole location: (Quote) . location
Another letter, dated January 20, was received
from Miss Nellie Way Hayden, 151 Grove Strut, with
further reference to traffic control. A copy of the Traffic
communication had been sent to each member of the
Traffic Study Committee.
It was agre d to refer the subject to the Traffic
Study Committee.
A letter was received from Dr. Howard M. Kassler,
11 Winchester Drive, together with a letter to him from
Mrs. Anton S. Morton, in which she mentioned "traffic
hazards and other matters of safety" with particular
reference to Countryside. A copy of the communication
had been sent to each member of the Traffic Study Com-
mittee.
The Chairman stated that Dr. Kassler had met with
the Traffic Study Committee about three or fcur months
ago and brought with him three other men from this area.
They went over the Winchester Drive problem and Dr. Kassler
realized what existed here was not just Winchester Drive
alone, but existec in many other places in Town.
Mr. Sheldon said this matter siould be referred to
the Traffic Study Committee.
Mr. ('ataldo suggested the possibility of permitting
businesses in the area to push the snow onto a vacant
town-owned lot.
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Mr. Carroll said he would like to discuss this problem ',
with the Chief and also talk to the people in the area.
He said there is no question but this is a dangerous situ-
ation.
The Chairman read a letter from the Board of Fire Com-
missioners inquiring as to whether or not any action had
Private been taken on Private Gourdeau' s retirement. At the
Gourdeau' s Commissioners' meeting of January 19, Private Gourdeau
retirement requested that he be allowed to return to limited duty.
Mr. Gray reported he had received a telephone call
from Private Gourdeau asking what action the Board of
Selectmen had taken, and stating he was able to return
to limited duty. Mr. Gray advised Gourdeau that the
Board of Selectmen had received a letter from the Board
of Fire Commissioners asking that he be retired, and
this is what the Selectmen have done and no change would
be made unless the Selectmen heard from the Board of
Fire Commissioners. Mr. Gray reported, in the meantime,
he talked to Commissioner Fitzgerald who told him Private
Gourdeau did meet with the Commissioners last Monday even-
ing.
The Chairman read a letter written by t he Board of
Selectmen on December 15, 1964 to the Board of Retirement
stating that the Selectmen concurred with the Fire Com-
missioners in regard to Private Gourdeau' s retirement,
and requested the Board of Retirement to take immediate
steps to effect his retirement.
The Chairman said the Board should send the Fire
Commissioners a copy of the letter to the Board of Re-
tirement.
Mr. Gray was requested to send the Commissioners a
cosy of the letter to the Retirement Board and advise them
that as far as the Boa. •d of Selectmen knows, the request
for retirement is being processed.
Mr. Sheldon said he would like to know if the retire-
ment is proceeding.
Copy of a letter from Charles T. Abbott, Vice Chairman
of the School Sites Committee, to the Lexington School Com-
mittee, dated January 19, 1965, was received, together with
a copy of the report of the School Sites Committee on pro-
Moreland posed school sites at Moreland Avenue versus Pleasant Street.
Avenue The Clerk was instructed to have a copy of the report
School mailed out to each member of the Board.
Site
Mr. Cataldo suggested, and the Board agreed, to
invite the School Sites Committee to meet with the
Board on Monday, February 1, 1965, at 8:15 P.M. to
discuss justification of the figures in the report.
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Mr. Legro advised that he had an engineering ser-
vice contract between the Town and Whitman & Howard
for the Concord Avenue sidewalk andpertinent woek, which
he has reviewed and found to be in order. Engineering
B 8
Upon motion duly made and seconded, it was voted contract
to sign the Engineering Service Contract, as presented
byLegro,Mr between the Town of Lexington and Whitman
& Howard for the Concord Avenue sidewalk and pertinent
work.
Mr. Legro referred to tax title lots on Circle Road
and reported that he had discussed this matter with Mr.
Purcell, Town Counsel for Arlington, who has made arrange-
ments to insert an article in their warrant again to seek
authority for the Board of Selectmen to grant to the Town
of Lexington flowage rights in the area of the Great Circle
Meadow. If he doen not succeed, Mr. Legro will proceed Road
on some means of a taking basis. The Selectmen for the
Town of Arlington are not willing to release any damages.
Mr. Purcell stated for them, they will not seek any damages
but this goes on over a period of a couple of years and
there can be changes in the Board. The only alternative
is to get some agreement of indemnification from the pur-
chasers of the tax title lots and that has been considered.
Mr. Legro said he thought the article in the warrant is
the better way to proceed.
Mr. Carroll reported that he will meet Wednesday
morning at 9:30 with Mr. Greeley of the State Sanitary
Engineers Department in regard to receiving Federal Aid Federal
for the proposed force main and pumping station. He Aid
said they were going to try and get an indication as to
whether the project will be eligible for Federal Aid.
Mr. Cataldo asked Mr. Carroll if, in view of the
apartments coming in for rezoning, the Board should have
some figures for the water main on the frontage road.
He said if this is going to happen, the Board should Water
take some action at the Annual Town Meeting.
Mr. Carroll said he did not know if this could be
Part of the agreement referred to earlier- in the evening
by Mr. Legro.
Mr. Cataldo said there is no talk of a Special Town
Meeting, so perhaps the Board should consider this matter.
Mr. Carroll said this would be up to the Board.
Mr. Cataldo suggested that Mr. Carroll have some
figures for the next regular meeting of the Board.
Mr. Sheldon said this installation would be necessary
id the aprtments were approved.
Mr. Carroll stated if this area is zoned, the water
main will have to be extended and where the State is going
to put in some 1500 feet for Cabot , Cabot & Forbes, he
thought the Town should go the whole way, out to Waltham
Street.
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Mr. Legro asked if this wculd be within the ramp road, Z1
and Mr. Carroll replied in the affirmative.
Mr. Legro said there may have to be an additional
contract.
Mr. Carroll said he would report next week, and re-
tired at 8:15 P.M.
Letter was received from the Board of Fire Commissioners,
in reply to the Beer d's letter requestingadditional infor-
mation relative to the appropriation of 18 ,500 requested
by the Commissioners for modernization of the Fire Alarm
Room at Fire Headquarters.
Mr. Sheldon said he thought any consideration of this
should wait until the Board has the Commissioners in to
discuss their budget, as there are some questions he
would like to ask.
The Chairman read a letter from Anton S. Morton and
Sabra W. Morton, 3 Rolfe Road, urging the Board to give
its approval to the land purchase presently under con-
sideration, that of the Swenson farm for conservation
purposes.
Notification was received from the Massachusetts
League of Cities and Towns of the opening of the period
Employee for nominations for the League's Outstanding Municipal
of Year Employee awards .
Upon motion duly made and seconded, it was unani-
mously voted to nominate John J. Carroll, Superintendent
of Public Works, for Massachusetts Municipal Employee.
upon motion duly made and seconded, it was voted
to grant a Common Victualler License to Harvey J. Comrie,
License d.b.a. Village Variety Store, 93 Massachusetts Avenue .
Upon motion duly made and seconded, it was voted
to grant Yearly Dump Permits to the following individuals:
Dump Gunnar Hemmingson, Bedford; Roy Holman, Pinehurst; John
Permits Maguire, Stoneham, andThomas Porter, Woburn .
Upon motion duly made and seconded, it was voted
to grant permission to the Lexington Lions Club to use
Uses of Gary Memorial Hall on Wednesday, February 24, 1965,
halls from 7:Li5 P.M. to 10:30 P.M. for a Heart Seminar, free
of charge.
Upon motion duly made and seconded, it was voted
to grant permission to the New England Vegetable Growers
Association, Inc. , to use Cary Memorial Hall on Saturday,
March 27, 1965, from 6:00 P.M. until 12:00, subject to
a charge of $35.00, plus $3.L1.6 per hour for custodian's
Use of overtime services.
hall The Board felt that in the event Town Meeting were
adjourned to Monday, March 29, 1965, the custodians
would have ample time Monday to clean the hall up and
prepare it for Town Meeting without incurring any addi-
rional charges for the Association.
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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 conference with the Planning Board, the
Appropriation Committee, Capital Expenditures Committee,
and then just the Appropriation Committee, it was voted
to resume the open meeting.
upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen ' s Meeting held Minutes
on January 18, 1965.
Invitation was received from Charles H. McArthur,
Jr. , President of Country-wide Offices Corporation, to
attend a preview of the building constructed fort he Invitation
Northeastern District Sales Office of Burroughs Corpo-
ration on Saturday, January 30, 1965, at 4:30 P.M. The
entrance driveway is the new Hayden Avenue Off Spring
Street opposite Raytheon.
Invitation was received from William D. Maitlanyl,
Marine Corps League, to attend a presentation on the
safety and use of firearms to be held at the American Invitation
Legion Hail, Fletcher Avenue, on February 3, 1965, at
8:00 P4M.
Notice was received from the Massachusetts Roadside
Council, 20 Louisburg Square, Boston, relative to hearings
scheduled for Thursday, January 28, 1965, before the Hearing
Mercantile Affairs Committee, at 10:30 A.M. in Room 423
at the State House.
The Chairman stated he had received this evening
a report from the Advisory Committee to the Board whose
directive was "A study group on the human relations
problem, to report back to the Bo-rd of Selectmen no
later than December 1, 1964 with its recommendations as
to what future action should be taken; the report to
encompass action, lack of action or whatever might be
indicated."
The Clerk was requested to send a ccpy of the report
to each member of the Board.
It was unanimously agreed to meet on Saturday, January
30, 1965, at 9:00 A.P . , to discuss budgets with Chief
Rycroft; at 10:00 A.M. to discuss budgets with the Board Budget
of Fire Commissioners and at 11:00 A.M. to discuss budgets meeting
with the Recreation Committee.
Uplon motion duly made and seconded, it was voted to
adjourn at 11:02 P.M.
A true record, Attest : y 401
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ecutive, Cl , Select