HomeMy WebLinkAbout1965-01-18-min SELECTMEN'S MEETING
January 18, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday evening, January 18, 1965, at 7 :30 P.M. Chairman
Cole, Messrs. Brown, Burnell, Cataldo and Sheldon were
present . Mr. Gray, Executive Assistant, Mr. Carroll,
Superintendent of Public Works, and the Acting Clerk
were also present.
Members of the School Committee, Mrs . Clarke,
Chairman Alfred Viano, Messrs. Page and Fenske, and
Dr. Rudolph J. Fobert, Superintendent of Schools,
met with the Board.
The Chairman stated that Mrs. Morey had submitted
a proposed article and suggested vote for the Annual
Town Meeting, copy of which was sent to Dr. Fobert,
which was read as follows :
ARTICLE: To see if the Town will authorize the School
Committee to use the Veterans Memorial Library in the
High School for other than library purposes.
There was no objection to the wording of the article.
SUGGESTED VOTE: To authorize the School Committee to use
the Veterans Memorial Library in the High School, voted
under Art. 4 of the Nov. 17, 1952 Town Meeting, for
other than library purposes, and that it be designated as
the "Veterans Memorial Room" and continue to be accessible
to the public.
The Chairman asked Mr . Legro, Town Counsel, if he
was aware of the controversy, if there wqs one, and Mr.
Legro replied he had given it some consideration, bad
talked with Dr. Fobert, seen the correspondence by the
Selectmen and Dr. Fobert, and read the votes involved,
and he thought this the proper procedure for the Town
Meeting to authorize the change; the appointing com-
mittee appropriated the money and the proper way to
change it is by Town Meeting vote.
Dr. Fobert stated he did not think they were changing
the War Memorial Library, just changing it from a student 's
to a professional library, the formation of a committee.
He had no objection to an article .
The Chairman stated as Town Counsel interprets it,
it is in violation, an article should be inserted that will '
not tie them down; that it should be clarified once and for
all.
Mr. Sheldon suggested asking that a three-man committee
be appointed by the Board, it was part of the report but
never authorized.
The Chairman man asked if it was recommended that it be
a Town Meeting Committee.
Mr. Legro stated that the report recommended that a
By-Law be passed that a committee be formed. It was part
of the earlier report.
Mr. Adams said he felt the vote had been passed by
Town Meeting for a War Memorial Library, to be used by
the students - a life memorial to be there for the students
of Lexington to use. He also felt a three-man committee
was a good suggestion, a very good liaison.
Mr. Cataldo stated the War Memorial should be kept
as such.
Dr. Fobert said the School Department would keep the
Memorial in the proper form, that it would be adequate.
Mr. Legro stated he thought as it stood now, the
library has to be used; with the school making sure it
is up-to-date.
The Chairman said, substantially, to leave the
article in as it is now, subject to approval of Town
Counsel.
The School Department retired at 7 :45 P.M.
The Chairman referred to the Cummings ' property and
stated that the Board was aware of the background on the
Building Inspector 's report relative to the Cummings '
property at 465-475 Massachusetts Avenue.
Mr. Sheldon stated he did not know what the report
contained and asked that the Chairman read it.
The Chairman summarized that the Building Inspector,
Mr. Irwin, did inspect the property, that pictures have
been taken of the property.
Mr. Cataldo stated the parts of the property that Cummings '
are unsafe should be made safe. property
Mr. Sheldon stated the Board had a right to do that.
The Chairman said that Mr. Cummings could be ordered
to make it safe and clean up the nuisance, following the
recommendations of the Building Inspector, in all safety,
and without criticism.
Mr. Burnell said, in thinking back, it would seem
this is the only way to convey this information to him.
Mr. Sheldon felt it a waste of time to talk with
Mr. Cummings, and the Board should specify that the pro-
perty be made safe and the nuisance abated.
Mr. Legro stattad to describe what should be done,
in as much detail as the Building Inspector has done,
within a certain time.
Mr. Sheldon asked if 60 days was reasonable, and
Mr. Legro replied it was too long. He suggested that
a letter be drafted, approved by Town Counsel.
Upon motion duly made and seconded, it was voted
that a letter should be drafted to Mr . Cummings, setting
forth the Building Inspector 's recommendations in his
report of January 4, 1965, to be approved by Town Counsel,
and it will then be served.
Mr. Carroll, Superintendent of Public Works, reported
on Mosquito Control. He stated that the appropriation
in 1963 was $8,100. which is approximately over the normal
Mosquito appropriation, the share of the building north. During
Control the past year, the Mosquito Control project collapsed.
The Town of Weston did not want the building built there.
They found a space in Waltham and have signed a 5-year
lease for a section of the building. The Town OffLex-
ington has a credit of $1100, which it can request to have
returned or use as a credit toward next year. This year
the appropriation is $7500. If we maintain it at $7,000
a $600 credit for next year They will do whatever the Board
wishes .
The Chairman asked if Mr. Carroll anticipated it would
drop back to $7,000, and he replied we could go to $6500,
that it would be better to maintain it at that level, but
it is always difficult to go back up.
The Chairman asked if there was any chance they would
build, and Mr. Carroll replied in the negative.
Mr. Sheldon felt the credit should be taken at once,
get the credit for only one year.
Upon motion duly made and seconded, it was voted
that the credit be taken by Mr. Carroll.
Mr. Carroll reported on negotiations with Mr. Ward,
of Haley and Ward, relative to the Bedford sewer problem.
Bedford promises a new meter at the Lexington-Bedford
Bedford line, the flume made at the line. He stated Mr. Ward
Sewer feels the Board of Selectmen in Bedford possibly would
problem like a letter saying that, the plans are agreeable to Lex-
ington.
Mr. Carroll stated this type of meter is acceptable
to Lexington, and he will draft a letter to be sent.
At 8:00 P.M. , Mr. Robert Jones, Whitman & Howard,
met with the Board relative to the. Woodhaven Trunk Sewer,
Mr. Carroll introduced Mr. Jones to the members of
the Board and Town Counsel.
Mr. Carroll presented a plan showing a section of
sewer from the Carrig land, near Pleasant Street, through
Moreland Avenue School site, former Swenson land, now
Cataldo land, in direction of the Franklin, School.- He
` - -Stated they antiDipate traublb a i ttinyi approach Swenson' s
property, 400 fee - :away from-)that. property. The, soil
110.0-Of -such; consisteney that .it was -impossible for these
co att€t tb cbrt1nu4, .,
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Mr. Jones stated along this route, which was the
original design, borings were made I think every 100 feet.
There is a great mass of peat and clay land underlying it.
Additional borings have been made in more detail, showing
exactly the same as the original borings. Mr. Carroll
stated they looked into the possibility of an alternate
route, going the same distance and arriving at the end Woodhaven
of sewer (pointing to plan) . This showed a much better Sewer
subsoil. Mr. Carroll showed section plans, and said
the clay and silt go down about thirty feet.
Mr. Sheldonsamdif this would add to the cost of the
project, and Mr. Jones replied in the affirmative, and
said on the present contract it is estimated at $114,000.
For that one little piece by this alternate route, $32,000.
Mr. Sheldon asked, with the alternate route will the
cost be more than anticipated.
Mr. Carroll stated the cost of the Woodhaven Sewer
will run about $30,000 more than the figure. He said
the sewer originally took in Worthen Road. He suggested
relocating Worthen Road, through the proposed subdivision
of the Evangelical Church land, 2,000 feet toward higher
land. He stated that the Planning Board is in favor. He Relocating
would like the Town to reconsider relocating Worthen Road.Worthen
This leaves a vacant piece of land approximately ten acresRoad
which would tie in with the piece of land Lexington owns,
on Dawes Road, with the land the Conservation Commission
is contemplating to purchase. He felt the Town would
benefit in many ways. They would have to abandon an ease-
ment.
Mr. Brown asked what happens on the Carrig section,
and Mr. Carroll replied there is nothing there.
Mr. Carroll stated there has been no specific location
of Worthen Road and he would like to discuss it with the
Planning Board and have approval.
The Chairman stated it would entail some takings, and
the abandonment will have to go to Town Meeting, and asked
if it is necessary to have it in the next Town Meeting.
It was decided that Mr. Carroll w ould contact the
Planning Board and find out if they approve the plan.
The Chairman read a letter from the Lexington Savings
Bank relative to additional lighting of the passageway
from Massachusetts Avenue to the parking lot off Waltham
Street.
Mr. Carroll stated the passageway is owned by the
Lexintuton Savings Bank and the Town has a right-of-way
over it. It would not be proper for the Town to install
a light there, and there is no obligation on the part Passageway
of the Town, but there should be one for the protection at Savings
of pedestrians to go through. Bank
The Chairman said he would like to have the Savings
Bank do it. lie asked Mr. Carroll if he had talked to
the Boston Edison Company and Mr. Carroll replied he would
approach them and see what could be done.
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Mrs . Lieb, TMMA, asked if anyone was responsible
for clearing the passageway, and Mr. Carroll replied
that the Town does clear it.
The Chairman read a letter from Miss Patricia
O'Leary, R.N., 171 Lincoln Street, regarding the problem
of rats from the old Lincoln Street Dump.
The Chairman stated he .had had several complaints
Complaint which he referred to the Board of Health.
Mr. Carroll said Mr. Finneran had previously put
bait out for them.
Mr. Sheldon stated there is no attraction.
It was voted to inform Miss O 'Leary that the con-
dition will be reported to Mr. Finneran, Director of
Public Health, who will see that the matter is taken
care of properly.
The Chairman read a letter from William L. Potter,
21 Fair Oaks Terrace, requesting permission to attach a
sign to the street sign post at the corner of Walnut
Street and Concord Avenue and at Route 2 and Pleasant
Sign Street.
Mr. Burnell stated as if was within the sign By-Law,
it would be safe to grant permission.
Upon motion duly made and seconded, it was voted
to grant permission to Mr. Potter to attach a sign to
the street sign post at the corner of Walnut Street and
Concord Avenue and at Route 2 and Pleasant Street.
Letter from Nellie-Way Hayden relative to "Go Slow
Children" signs on Grove Street, about which she had
Traffic previously written, and abc:ut which the Traffic Study
"Go Slow had been notified, the Town to install appropriate signs,
Children" was read by the Chairman.
signs Mr. Carroll reported that the signs were installed
last week.
Copies of Miss H:syden ' s letter had previously been
sent to the Traffic Study Committee.
Articles to be inserted by the Planning Board for
Articles the 1965 Annual Town Meeting were read by the Chairman.
There was no objection by the Board.
Later in the evening, Mr. Cataldo inquired as to
what had been done on the Ross land, and suggested
making an offer.
Mr. Gray is to follow this up.
Letter from the Stanley Hill Post, No. 38, Inc. ,
American Legion, relative to the War Memorial Library
at the High School, was read by the Chairman.
The Chairman asked if the Board wanted space re-
served for an article in the warrant.
Mr. Legro stated this requires a little thought.
He stated the Town has a War Memorial Library, and the
right to change at will the designation of a room and
use of room would invite further trouble.
The Chairman asked that a copy of this letter be
sent to the Public Facilities Committee.
Mr. Cataldo asked if Town meeting would have to
authorize a building, and Mr. Legro replied it would
be advisable.
The Chairman referred to the Joint School Committee-
Administrator Salary Advisory Committee Meeting minutes,
a copy of which had been received by the Board. School
Mr. Cataldo reported that nothing concrete was Committees
decided. minutes
It was requested that copies be sent to each
member of the Board, and the report was held over
until the next meeting of the Board.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen' s Meetings Minutes
held on December 19, 1964, and January 11, 1965.
Application for the use of Cary Memorial Hall
by the Lexington Lion' s Club for a Heart Seminar, or
"How to Live with your Heart", was read by the Chairman. Cary Hall
Upon motion duly made and seconded, it was voted
to grant permission to the Lexington Lion' s Club to
conduct a Heart Seminar in Cary Memorial Hall on Wednesday,
February 24, 1965, from 7:45 P.M. until 10:30 P.M. , free
of charge, but there will be a charge of $3.46 per hour
for Custodian' s overtime services.
U Upon motion duly made and seconded, it was voted
to grant a taxi driver license to George Edwards Fleming,
10 Centre Street, Lexington, satisfactory references License
having been received from Chief Rycroft.
Upon Motion duly made and seconded, it was voted License
to grant a Common Victualler License to Trinity Pharmacy,
162 Bedford Street .
Upon motion duly made and seconded, it was voted
to grant an Intelligence Office License to Emanuel
Sugerman, 18 Hathaway Road, business to be located at License
594 Marrett Road, pending receipt of his application,
satisfactory references having been received from Chief
Rycroft.
Upon motion duly made and seconded, it was voted
to grant Yearly Dump Permits to Joseph D'Augustine, 24
Bacon Street, Arlington, and T.F.Kennefick Co. , Inc.,
20 Bartlett Avenue, Arlington.
Mr. Gray referred to request from Robert Dubin,
President of A.I.S. , Inc. , 400 Waltham Street, Lex-
ington, to whom a Second Class Auto License was granted
recently. The Registry of Motor Vehicles has asked 2nd Class
that amendments be made to his present license. Auto License
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Mr. Dubin is to contact the Registry of Motor al
Vehicles to see if a new license should be issued by
the Board, or if the addition of the amendments will
be satisfactory. He will then contact Mr. Gray.
At 9:00 P.M. , Messrs. Trani, Maienza and Stevens
of the 1775 Realty Trust, Mr. Kolovson of the Chamber
of Commerce, Mr. Stern, of Arthur D. Little, Inc. ,
Messrs. Bryson, Campbell, Greeley, Meyer and Zaleski
of the Planning Board, met with the Board.
Revitali- The Chairman stated that the Board is very much
sation of interested in the proposal.
Lexington Mr. Kolovson said he had a progress report. The
Centre first item, he regretted to say, was that one bank
from whom they were awaiting approval, refuses to go
along, so the other three banks who would contribute
equally are no longer under that obligation. Con-
sequently, they will be looking for new sources of
revenue. It is the Chamber of Commerce feeling that
it will not be depending on the Federal 701 money because
there would be delays, possibly two or three years, and
it feels it will have to redesign the scope of its study.
They would want the main concept :y October. The scope
of the project will not be as complete as the reports
passed out the last meeting. The goal of their com-
mittee is that the article for the widening of Massachu-
setts Avenue will not be defeated. He felt both Boards
are in agreement . However, they feel that agreement
on all articles pertaining to the redevelopment of Massa-
chusetts Avenue, all Boards are in agreement. If objection
taken by one board on this article forces another, the
total objection could be raised. I think also it is im-
portant that all the Boards involved be in accord. The
earlier we start, the better. The purpose of getting
together is to see where the areas of conflict are and
to see if the committee can come up with some accord.
The Chairman stated before anything further - -
The Board of Selectmen tool] the initiative in the widen-
ing of Massachusetts Avenue. There is some misunder-
standing that the Board of Selectmen did initiate this.
The Board is very much in favor of it. It feels the
widening is a prerequisite. It doesn't think it will
have the opportunity again that it has now. There
will be property takings and damages to buildings, and
in order to have amicable relations, the 1775 Realty
Trust would like assurances, before they will agree to
go ahead, that they would be permitted to use the
buildings the same as now. This is where the Planning
Board comes into the picture .
Mr. Bryson stated the Board comes in on the rezoning
of it. It is responsible for it. Mr. Gray stated that
the 1775 Trust would like to be allowed to include in the
new building the same kinds of use that now exist, some of
nonconforming use. The Planning Board is very much in-
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terested in seeing Massachusetts Avenue widened, starting
negotiations. It has some reservations about apartments,
and are somewhat floored by the perspective that they
plan to build on the entire 16,000 square feet with 12,000
square feet floor space. This could be L.0, 50, or 60
apartments, and if it is done for them, it will have to
do it for everyone; the Central Block will be interested
in doing the same thing. We have fifty apartments on
Worthen Road. We have C-2 zones in East exington and
Bedford Street. Frankly, this is not attractive tothe
Planning Board. Mr. Bryson feels it is best to create
a new zone in the Center so that East Lexington and
Bedford will be left out, and allow apartments in t he
Center. A fourth floor is not attractive to the Plan-
ning Board. It would compensate the 1775 Trust for not
having the existing uses in the building. The Planning
Board would like to see the Avenue widened.
Mr. Sheldon stated there might be a way to compensate
the owner for not making leases now and not improving on
the assumption that this permission would be granted. I
do not understand what you are proposing. What Planning
Board is proposing is a permanent compensation so that the 1775
Trust will be willing to conform.
Mr. Trani stated that Mr. Bryson said 16,000 square
feet and it is 15,000 square feet.
The question was asked how many apartments are there
now, and Mr. Trani replied only seven.
To build fifty-eight or sixty is stretching it a
good deal. Mr. Greeley said the one way is to negotiate,
keeping it within the present By-Law and compensate.
Mr. Cataldo stated to make this building a three-
story building. His point is, if this was not the case
that the people involved would not come to terms on the
widening of Massachusetts Avenue. It would have to be
a taking and settle the damages.
Mr. Greeley stated it would see if there is going to
be permission to erect apartments, it should include off-
street parking, maybe one space for each two apartments, and
asked if this was anticipated in the negotiations for parking
for most of the autos. He felt it certainly should be
included, that parking had to be provided. He asked if
the Town was going to provide parking.
Mr. Trani replied that they had not given any thought.
Mr. Bryson stated the Board would like to see Massachu-
setts Avenue widened.
Mr. Stern said the long term nemesis over the next
ten years besides some of the growth of traffic on Massachu-
setts Avenue to the completion of the National Park, but
due to the fact it is hoped to have in ten years a Boston
World' s Fair which L'exington and Concord would be one of
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the attractions the Town would have to look forward to.
When the Town has to think of taking the land, it is going
to pay the real estate values.
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Mr. Cataldo stated, regardless, all of the two and Q�
three stories, the buildings are the same. The Town will
still supply them parking with a possibility of more people
involved. It is just a question °of whether you want to
get the job done or not. The Town will never get it done
if we don't get it now.
The Planning Board stated a figure should be put upon
this, and why not do it. What did it cost?
Mr. Cataldo stated $225,000. This would mean a total
of $250,000 to $275,000, plus takings .
Mr. Cataldo asked how the Central Block would be handled.
Mr. Brown left the Selectmen's table and abstained from
any discussion.
Mr. Sheldon stated something could be negotiated with
these people. There is now a two-story building, and three
can be built . Would the Planning Board then object to
apartments, and the answer was, it is a zoning change.
Apartments cannot be built, the zoning says no.
The Chairman stated the articles have to be made up,
and the Boards could meet next week.
Mr. Bryson agreed.
Mr. Greeley said the Center could be a different
zoning district. If this is something the Planning
Board should do, whether it agrees or not, and extend
the nonconforming use.
The Chairman stated, negotiate.
Mr. Kolovson stated a real estate appraisal or a
professional consultant could look at the situation and
report the various findings.
Mr. Legro asked, would the Planning Board consider
this situation more favorably if it could be done on a
continuous or the nonconforming use rather than a zoning
change, and Mr. Greeley replied, absolutely.
Mr. Stern stated that widening of Massachusetts Avenue
can be resolved is but the first step. It certainly
would be the first sympton in attracting new investors.
How the Center might be given some unity and also some
distinction, a retail and service center. We know what
the competition is going to be in Burlington. A broad
physical expression of the theme for Lexington Center
and differentiate the Center from other shopping centers.
Mr. Bryson said he felt the merchants should con-
' tribute something that would benefit.
Mr. Cataldo stated a concept study should be made,
that a more intelligent decision could then be made.
Mr. Kolovson stated Michelson is remodeling, and
he would like to conform. It wculd be fine if it could
fit into a unified concept. Once it becomes revitalized,
more and more would remodel.
The Chamber of Commerce retired at 10:30 P.M. , the
Chairman having requested the Planning Board to remain
for a few minutes. ,
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 Session
made public, might adversely affect the public security,
the financial interest of the Town, or the reputation
of any person.
Following legal matters, it was voted to resume
the open meeting.
Upon motion duly made and seconded, it was voted
to adjourn the meetin, 10;45 P.M.
A true record, Attest:
Acting Clerk, Selectmen
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