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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 I v 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 485 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 g 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. 4St 4_. �1C Yti a 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 48 ; 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 P P y• 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. 489 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 490 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 491 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 9 tr 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 : ,4K / , /' i/ 4iv /blerr, Select =� 1