HomeMy WebLinkAbout1964-12-14-min 4183
SELECTMEN'S MEETING
December 14, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, December 14, 1964, 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 Miss Murray, Execu-
tive Clerk, were also present .
Having been notified by the Town Clerk's Office
that it would be necessary to draw tke jurors, the Board
drew the names of the following individuals to serve Jurors
on Jury duty: H. Gordon Buchanan, 15 Red Coat Lane,
and George V. Colby, Jr. , 7 Hawthorne Road.
Mr. Carroll made a report on the water leak survey
for which $8,000 was appropriated last year and in- Water leak
formed the Boa-d that one leak alone almost paid for survey
the survey. He advised that nineteen leaks of varying de-
grees were discovered and it is the intent to do the entire
system. However, further work has been postponed until
next year.
Mr.Carroll re iobted that hey MraLtatabdorl ndrMr.
Robert Jones, of Whitman & Howard, met with the Bedford
Board of Selectmen last Wednesday evening in regard to
the sewage problem. The Bedford Board was advised Bedford
that if it had any idea, in the future, that they wanted sewage
to exceed the 800 gallons a minute flow in the contract,
they would have to consider paying a share of Lexington's
cost of improvements to the gravity pumping station
Bedford did agree to install a new meter as soon as possi-
ble, before March. He said this involves $3,000 to $5,000
and there was a great deal pf discussion in regard to the
make of the meter and the location. Bedford also agreed
to investigate its future needs, but made no commitment
as to whether or not it would share in the cost of improving
Lexington's system. He explained that the contract does
state that if Lexington has to increase the capacity of
its pumping station, Bedford will share in the cost . There
was no decision made thatBedford was going to contribute a
great amount of money but they will sit down again and dis-
cuss the problem further.
Mr. Cataldo reported that Bedford agreed if they
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wanted any greater capacity, they are willing to pay fur
it. He stated there is no question, if Lexington can
pinpoint they are now putting in more than 800 gallons
a minute, they are prepared to pay for it. He said they
were told to advise Lexington where they are going so
the station can be designed. He said Lexington should
write to Bedford again summarizing its impression of
the meeting.
Mr. Sheldon said Bedford has to install a meter
and Lexington has to make plans. Before summarizing,
another meeting should be held and Bedford advised
what Lexington intends to do and ask what they intend
to do.
Mr. Cataldo suggested approaching Bedford on the
basis of Lexington installing the meter and then bill-
ing Bedford.
Mr. Carroll advised there are sufficient funds in
his Sewer Maintenance Account.
Upon motion duly made and seconded, it was agreed
to request that the Town of Lexington be permitted to
review and comment on the proposed size, type and lo-
cation of the new meter before bids ure taken, and
further, if the Town of Bedford has trouble obtaining
funds to proceed with the work, the Town of Lexington
will pay for the meter and its intallation providing
it is reimbursed by Bedford.
The Chairman read a letter from Mrs. Howard Schuman,
owner of property at 40 Earl Street, requesting
an abate-
ment of the water bill.
Water bill Mr. Carroll reported that Mrs . Schuman rented the
property and it was his feeling that the tenant must
have used the water
Mr. Sheldon mentioned the possibility of a leak
which the tenant could have had repaired.
Mr. Carroll explained the meter is back down to
normal.
The Chairman said it would appear to the Board,
from all the evidence at hand, there is no inaccuracy
in the meter and no inequity in the bill.
Upon motion duly made and seconded, it was voted
to deny Mrs . Schuman's request for abatement.
The Chairman read a letter from D. Marshall Semonian
and Rebecca E. Semonian, 504 Lowell Street, Lexington,
requeting the Board to make an offer in settlement of
Claim damages for a drain easement taken through a portion of
their property.
The Chairman reported that he discussed the subject
with Mr. Legro, Town Counsel, and told him the request
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would be taken up when he arrived at the meeting and if
he did not arrive, it would be held over until next week.
Letter was received from Raymond E.Lewis, 60 Forest Public
Street, suggesting that the proposed public facilities Facilities
building be known as t_iVeterans ' Memorial Facilities Building
Building.
It was agreed to refer the suggestion to the public
facilities building committee for consideration.
The Chairman read a letter from the Dog Officer
requesting a transfer of $100 to his expense account. Transfer
Upon motion duly made and seconded, it was voted
to request the Appropriation Committee to transfer the
sum of $100 from the Reserve Fund to the Dog Officer's
Expense Account .
The Chairman read a letter from the Board of Fire
Commissioners advising that the Commissioners had voted
unanimously to retire Private Edward Gourdeau as soon
as Oesible
Mr. Gray reported that he received a telephone call
today from the Massachusetts General Hospital. Mr.
Gourdeau was there yesterday for treatment on an out
patient basis. Mr. Gray suggested the hospital call
Mr. Fitzgerald. He said Mr. Fitzgerald called and re-
ported that he informed Mr. Blair, of the Massachusetts Retirement
General Hospital, that the Commissioners did not consider
what he went to the Massachusetts Ageneral Hospital for
is the Town's liability. Mr. Gourdeau was at the Symmes
Hospital the day before that and was refused admittance
He said as far as the Massachusetts General Hospital is
concerned, the Town will not assume these bills and Mr.
Fitzgerald is going to check into the matter further and then
contact Mr. Gray.
Upon motion duly made and seconded, it was voted
to take immediate steps to retire Private Edward Gourdeau
of the Fire Department .
Pursuant to provisions of Chapter 139, Section 1, of
the General Laws, as revised, hearing was declared open
relative to the conditions of property owners by Bevel L. Cummings '
Cummings, 8 Wildwood Avenue and located at Massachu-, 4 75 a hearing
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setts Avenue, Lexington.
Notice of the hearing, dated December 1, 1964, was
sent to Mr. Ravel L. Cummings, 48 Wildwood Avenue,
Arlington, return receipt requested.
Mr. Gray reported that Mr. Cummings called today
and said he would not be at the hearing because his
attorney requested that he meed with him this evening
in regard to the hearing tomorrow morning before the
Milk Advisory Council.
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The Chairman reported that he discussed the matter
with Mr. Legro, Town Counsel, who advised opening the
hearing and postponing it for one week and to so notify
Mr. Bavel L. Cummings and Mrs. Ada H. Mellick, his sister
Upon motion duly made and seconded, it was voted
to postpone the hearing until Monday, December 21, 1961 ,
at 9:30 P.M.
Upon motion duly made and seconded, it was voted
to grant the following licenses :
Geoffroy's Pharmacy Common Victualler
The Penguin Ice Cream Shoppe
John Cappadona, Jr. "
The Old House " It
Connors Bros . Inc. Package Goods Store
The Chairman advised that Reverend Landon Lindsay,
Christmas of the Methodist Church, telephoned for permission to
carols have a choir of children from the Grey Nuns, St . Brigid 's
and the Methodist Church, sing Christmas carols on the
Common.
The Board had no objection.
Mr. Gray reported that the Lexington TV Laboratories
has requested permission to play non-commercial Christmas
Permit music
denied The Board re-affirmed its policy of granting such
permission to the Chamber of Commerce upon request but
not to an individual and denied the request.
Upon motion duly made and seconded, it was voted
Appointment to re-appoint Willard P. Grush to the Board of Assessors
for h three-year term expiring January 1, 1968.
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmne's Meeting held
on Monday, December 7, 1961 .
Letter was received from Mr. Frani W Crimp, archi-
tect for the Middleby Road elementary school building,
Middleby in regard to direct access from the school property to
Road School Marrett Road. He has proposed to the Standing School
Access Building Committee that a path be built -on Park Depart-
ment property to the west of the pond For safety
purposes, he also suggested erection of a fence on the
easterly side of the path. The Standing School Build-
ing Committee is in accord with the proposal, provided
the Selectmen give their permission.
Upon motion duly made and seconded, it was voted
to grant permission for construction of a path on Park
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Department property to provide direct access from the
Middleby Road School property, and to erect a fence on
the easterly side of the path
Mr. Carroll recommended construction of Middleby
Road so it will be ready for September opening of the
school. He said he did not know whether he will have
the layout ready for the March Town Meeting this year
or next year.
Mr. and Mrs . Martin Sussman, 11 Lexington Avenue,
met with the Board .
Mr. Sussman informed the Board that he has lived
in Lexington three years and would like to speak about Water
the fact that he has recently discovered that a lien has connection
been placed on his property for some $140 in connection
with some work that was done. He said the lien grew
out of a dispute of the amountdue the Town for work
done in connecting his house to the sewer. Before pur-
chasing the property, or immediately prior to purchasing
it, he was notified by the attorney of the previous owner,
that the Town requested that the house be connected to
the Town sewer . He was told if and when he purchased
the house the connection would become mandatory. In view
of this, there was a small adjustment on the price of
the house. He said he was told the sum would be $250
unless ledge was encountered. The connection was made
shortly after he mved into the house and there waF no
ledge The lawn was torn up, the small terrace wall was
torn up and the connection was made. He then received
a bill for approximately $400 He contacted Mr Carroll
and told him he thought this was excessive and that his
understanding was the price would be $250 unless they ran
into ledge, but there was no ledge. He said he could
not understand the difference between $250 and $400. He
stated that the connection caused him all kinds of diffi-
culties. The trench leading from the street to the house
at one time caved in and his basement was flooded. A
portion of the street through which the trench had been
made caved in and again the basement was flooded. A
third time he had difficulties which grew oUt of the fact
the Town took over Lexington Avenue and resurfaced it.
During the time the manhole out in front of the house was
filled with dirt and when the toilets were flushed, they
backed up through the washing machine standpipe and a.n
the basement was flooded. He reported that Mrs. Sussman
discussed this matter with Mr. Carroll and was told "lets
split the difference and make it $70. " The matter then
rested until he received a letter from Mrs. Rich telling
him that the sum of $ 9 1.
141 was still due and then he re-
ceived a notification on October 7 that the sum was now
a lien on thero ert
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x, 88
The Chairman asked if Mr . Sussman understood how the
estimates are made and stated they are not binding on the
Town.
Mr. Sussman replied that he is an engineer and
realizes estimates are estimates but $250 and $391 is a
large discrepancy
The Chairman said there have been larger ones than
this .
Mr. Carroll said he did recall discussing this with
Mrs Sussman a number of times. She indicated *hat Mr.
Sussman had said about the $250 being taken under con-
sideration paying only $250. He told her the estimate
was an error and explained that the Town does not have
engineers making the estimates. The man tries to make
a reasonable guess on the basis of the length of the
sewer service and there have been occasions when this
proved to be the best method . He explained that the form
which is sent out indicates that the individual must pay
more if the cost is more and does not apply just to ledge .
He said he did suggest that the difference in the excess
amount be split because he did feel there was some mis-
understanding and some aggravation. He said he did not
feel the Town had done anything improper in installing
the service.
Mr. Sheldon asked if everything was working properly
now.
Mr. Sussman replied the loam was never put back, but
aside from that, the difficulties have been corrected .
Mr. Carroll said he did not have anything more to
present and read the record of cost for the sewer connection.
The Chairman asked if, in each instance, this was a
reasonable charge, and Mr. Carroll replied as far as he
was cpncerned it w s and it was never indicated to him that
the bill was not a reasonable charge.
Mr. Sheldon suggested that the Board take the matter
under advisement.
The Chairman informed the Sussmans that the Board
would take the matter under advisement and advise them
of its decision
The Sussmans retired at 8:55 P.M.
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 with the School Committee and
Chief Rycroft, it was voted to resume the open meeting.
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The Standing School Building Committee and the School
Sties Committee met with the Board.
The Chairman explained the subject of the meeting Moreland
is the Moreland Avenue School site versus a new site Avenue
Mr . Cataldo explained it is the Board 's feeling that School
the preparation cost of Moreland Avenue is high, and it
felt it should look for an alternate site to try and re-
duce the cost, and in the meantime come up with a proposed
alternate site off Pleasant Street He indicated a
site on a plan, located at the junction of Pleasant and
Watertown Streets, of seventeen acres, that the Town
can acquire . He reported that lastTuesday they looked
at the site to see if it was acceptable to the School
Committee, Mr. Steele, Mr. Viano and Dr. Fobert Last
Thursday, Dr. Fobert, Mr. Crimp, Mr. Brown, Mr. Carroll
and Mr. Cataldo went down and dug some test holes, and
he thought the soil conditions were excellent . Mr. Crimp
also thought they were excellent . He said he gave Mr.
Steele the owner's name.
Dr. Fobert expiated that Mr . Crimp felt all costs
for locating in this site would be $160,000 and he could
use the same plans and locatedthe building for that
amount of money as compared to $341,000 for Moreland
Avenue. He said this is just the site development and
does not include the land.
Mr. Cataldo said there has been some question about
Emerson Road and this site.
Mr. Carroll stated that in 1962, the Planning Board
had Abbott Engineering Company make stueies relative to
the location of Emerson Road and they came up with two
studies. One of thestudies shows Emerson Road coming
up from Massachusetts Avenue through Wilson's Farm and
almost through the site . Another scheme was to have
Emerson Road come up through Wilson's Farm, cross Peacock
Farm Road and eventually tie into Route 2. He said he
believed this would not affect the site
Mr. Carroll said he thought a formal vote should
be taken by the Planning Board regarding Emerson Road
Mr. Steele said the School Sites Committee feels it
should acquire any good site in an area where the School
Committee thinks it would be feasible for a school. He
said the School Sites Committee leans on the School
Committee 's opinion. He said in discussing Emerson Road
with some others in Town, the thought expressed to him
was with the new Burlington Shopping Center, the impact
on the traffic pattern in Lexington would be much greater.
Some people feel it desirable to haveEmerson Road plans
finalized and the location determined by the Planning
Board. It seemed to his committee until this is decided,
the committee can't move in the direction of acquiring
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this particular site. He said one thought was it would
not take enough of this site to matter; another was it
would take a little more . It would affect policing
Emerson Road and/or Pleasant Street. He said he has
much respect for the individuals who brought this to
the committee 's attention, but there is the Moreland
Avenue site as a possibility. The School Building
Committee and School Sites Committee decided this site
was better than the Tarbell Avenue site. Now it is
down to a matter of not two sites, but three sites -
Tarbell, Moreland and this new site. He said in
determining what site would be best suited, the School
Committee should have another go around on this and
explore the pros and cons end come up with some good
answer because the Town Meeting will want to know how
this location was arrived at He said his committee
thinks Emerson Road should be determined by the Plan-
ning Board before this site is acquired.
Mr. Abbott said the School Committee and School
Building Committee should consider all of these sites .
The Planning Board arrived at the meeting at 9 :1 .0 P.M.
Mrs . Morey said she would like consideration given as
to whether it would be cheaper to have the architect adapt
the Moreland Avenue site to the Tarbell Avenue site
Mr. Viano reported that Mr. Crimp's opinion was that
it would be as costly to build on the Tarbell Avenue site
as it would on the Moreland Avenue site
The Chairman asked if the School Sites Committee
would consider thenew site favorably if Emerson Road did
not affect it.
Mr. Steele replied the committee would consider
favorably any site the School Committee wanted it to,
as that committee should determine where the site should
be and then it is the School Sites Committee 's job to
make arrangements to acquire the site. He said he could
not conceive that Tarbell Avenue would be as costly as
the Moreland Avenue site. He said the School Committee
and Standing School Building Committee should decide which
site they want and when they tell his committee, it will
go to work on it . He said he was concerned about Emerson
Road and thought the Plan ing Board should tell what it
plans to do.
Mr . Meyer said the Planning Board has no recommendations
for the construction of Emerson Road at the present time.
He said there is now a scheme three which would go across
the lower corner of the school site
Mr. Brown asked if Green & White had been contacted.
Mr. Steele said he thought he should wait until after
this meeting but he had a good idea it will cost $60,000.
Mr. Grf.eley said if the Town takes this site and
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Emerson Road is to go in there, then the Town pays for
that part of Emerson Road , another $50,000 . He said he
could not believe the Tarbell Avenue site would be any-
where near $300,000 for preparation anc urged that careful
study be given to what it would cost to use that site .
The group retired at 10 :10 P.M.
Mr. Blaisdell and Mr. Parrish, of the Appropriation
Committee, Mr. Meyer, Chairman of the Planning Board, and
the Capital Expenditures Committee, met with the Board.
The Chairman said at this time it would appear that
the Public Works Building would cost somewhere in the
neighborhood of $125,000 to meet Mr. Carroll 's present
needs . Also, some time in the future, the Board is going
to consider the expansion of the Town Office Building but
what figure to use on this he did not know, possibly in
the neighborhood of $200,000
Mr . Boughton stated the figure is not as importaht ,
as time . He asked when the Board proposed to do the
Public Works Building.
The Chairman said it is necessary and the sooner, the
better . He said the Board feels a committee should be Town barn
created to look into this , consisting of a member of the
Board of Selectmen, Superintendent'_of Public Works, Execu-
tive Assistant, Chairman of the Appropriation, and Chairman
of the Capital Expenditures Committee, or their representatives
e The Committee would report back to the Selectmen as soon as
possible .
Mr. Boughton asked if this would be in the March
warrant, and the Chairman replied in the negative.
The Chairman said with the Town Office Building,
$200,000, there is another way it could be approached.
The possible transfer of all the Engineering Department
and Public Works ' facilities to the Town barn area would
possibly eliminate the expansion of the Town Office Build-
ing or put it off for a number of years . If this is done,
the figure of $225000 should be increased.
Mr. Parrish asked if the separation of departments
was feasible.
The Chairman replied this is something the com-
mittee would work on.
Mr. Carroll said he felt it would be a definite in-
convenience to the public . If the Engineering Department
is separated from the Public Works Office, there would be
inconveniences, almost insurmountable.
The Chairman said this i$ something the committee
would work on.
Mr. Carroll said many people visit the Engineering
Office and other Town Offices at the same time. It would
be difficult for an individual to go to the Building
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Inspector and then drive to the barn He said it will
be an inconvenience in all respects, and whether this
is to be outweighed by the amount of money is another
thing.
The Chairman said this is something for thecommittee.
Mr Parrish questioned the advisability of having a
member of the Appropriation Committee and a member of the
Capital Expenditures Committee on the committee for the
Public Works Building.
The Chairman explained the Board hadthe feeling
in the long run it would be better for all concerned
if a member from each committee was present .
Mr. Cataldo explained this would keep the communi-
cations going between the affected Boards.
Mr. Boughton asked if his committee could consider
this and give the Board its answer.
Mr. Sheldon asked if he meant to consider accepting
or declining serving on the committee and Mr. Boughton
replied in the affirmative
Mr. Gray submitted each person present with a copy
of a financial report of theHunt Block, owned by the
1775 Realty Trust .
Mr. Cataldo said the main question is, does the
Planning Board feel unanimous that Massachusetts Avenue
should be widened.
Mr. Meyer said he believed the Planning Board is
in agreement but not having discussed it with the Board,
he could not commit it. In very general terms, they feel
Massachusetts Avenue should be the same width.
Mr. Cataldo said the Selectmen are not recommending
for or against this, but had a moral obligation to look
into this for the Town, and if it is going to be done,
this is the time to do it . He said the Board's approach
is, this is what it is going to cost and leave it up to
the Town Meeting to decide.
Mr . Sheldon explained that the owners of the property
did not initiate this, but the Board of Selectmen called
them in because it heard that they were prepared to spend
some money remodeling the building
Mr. Cataldo said if the Capital Expenditures Com-
mittee and Appropriation Committee feel an article should
be inserted in the March warrant, fine ; if not, the
matter should be dropped here. The owners of the build-
ing want an answer. He said it boils down to whether
Massachusetts Avenue is to be widened or not An answer
should be forthcoming from the Planning Board and the
Selectmen's position is to present it to the Town. If
the Town does not want it, the Board feels it will have
filled an obligation it had to the Town.
Mr. Blaisdell said he could not speak for his Board,
but personally, he would say go ahead.
The matter was left that Mr. Cataldo would obtain
additional figures.
The Chairman mentioned extension of the so-called
Meriam Street parking area dnd said this year the sum of
$20,000 could be spent or go further with the plans which
Mr. Carroll proceeded to explain.
Upon motionduly made and seconded, it was voted
to adjourn the meeting at 11:35 P.M.
A true record, Attest :
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