HomeMy WebLinkAbout1964-10-19-min a"
SELECTM.N'S MEETI:&
October 19, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building,
on Monday, October 19, 1964, at 7 :30 P.M. Chairman
Cole, 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
Mr. Legro referred to the order of taking for a
drain easement in Lowell Street, executed by the Board
on October 14, 1964, in Executive Session, and explained Drain
that it became necessary to redraw the signature page easement
Mr. Legro stated he had drawn a tax title deed on
lots 107, 108 and 109 Bartlett Avenue conveying the lots
to the Christian High School, Inc. , 20 Garden Street, Tax title
Cambridge, and read the restriction incorporated in the
deed
Upon motion duly made and seconded, it was voted
to execute deed, prepared by Town Counsel, conveying
tax title lots 107, 108 and 109 to the Christian High
School, Inc .
Mr. Legro reported that he was making progress on
the articles for the Special Town Meeting, November 23,
and referred to acquisition of the Harrison land . He
explained he had talked to counsel for the Conservation
Commission who agreed to some changes made by Mr . 1'egro.
He explained, to receive State aid, this must be paid
out of the Conservation Commission fund and not out of
general funds and the purpose for which it must be ac-
quired is conservation and not playground or other pur-
poses He said there would have to be an article before
this one appropriating money to the Conservation Fund
He explained the Torn could not vote to spend the money
out of the fund unless the money is in the fund .
Upon motion duly made and seconded, it was voted
to insert an article in the warrant to appropriate the
necessary funds for acquisition of the Harrison land,
the amount being $3,000
Mr Legro advised that the article to acquire the
land must be for conservation pupposes and the maximum
the Town can recover is SO%.
4Th
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The Chairman asked if this land acquired for con-
servation purposes could be used for anything else
Mr. Legro replied he did not think the question
has come up, but he would think a conservation would
come in the same category as any other land, and he did not
think the use of property acquired for conservation is
strictly limited to that .
Mr Cataldo asked what Mr. Legro meant that the
Town might receive 50%
Mr. Legro replied there is no guarantee of any kind
of aid He said he told Francis Smith preliminary
approval should be obtained before this is on the Town
Meeting floor.
Mr. Legro referred to the so-called Public Facilities
Building and said he had drafted an article which would
Public call for a vote of the Town to authorize the use of a
Facilities part of the Buckman Park Land for the erection of a build-
article ing. He said he talked to Harry Erickson, the architect,
this afternoon, and the location of the building has not
been determined He advised the proper method would be
for the Town to vote the authority to use a part of the
land for this purpose subject to opining leave of the
General Court, and authorize the Selectmen to petition
the General Court for that leave. He said he thought
the legislature might look more approvingly on such a
thing if the Town had voted to do it.
The Chairman read a letter from the State Department
of Public Works listing bids received covering work to be
Bid done on Massachusetts Avenue .
award Upon motion duly made and seconded, it was voted
to award the contract to the lowest bidder, J. J. O'Brien
& Sons, Inc. , at the bid price of $171,334.25.
Mr. Carroll reported that Richard Eaton, Chairman
of the Cary Lectures Com,nittee, requested a change in
the lighting area at Cary Hall and stage be changed
The Chairman read a letter from Mr. Eaton, in which
he referred to his conversation with the Chairman, Mr.
Burnell, cMr. Carroll and Mr. Bentley.
Mr. Carroll said Mr. Eaton wants the work done im-
mediately and that Mr. Bentley, the custodian, had
mentioned this matter and he obtained an estimate to
include an item in tree 1965 budget . He said it looked
as though he had sufficient funds to do the necessary
work, which amounts to $250, but if he did run over the
budget, he wanted the Board to know about this item.
Upon motion duly made and seconded, it was voted
to authorize Mr. Carroll to correct the control of the
Cary Building auditorium lights.
41.9
Upon motion duly made and seconded , it was voted
to grant a permit to Porter & Desmond to move a dwelling
frogs 804 Waltham Street to 291 Concord Avenue, subject
to the usual conditions .
The Chairman read a letter from the Follen Hill
Estates As-ociation with reference to sidewalks, street
light and hunting .
Mr. Carroll said he intended to place a large light
at the corner of Marrett and Follen Roads. He explained
a sidewalk could be put on the left side of Follen Road
going up from Massachusetts Avenue to Dawes Road which
he estimated at $3.00 a foot . He recommended that this
be included in his budget for 1965, for consideration by
the Board.
With reference to hunting, the Department of Public
Works h:s posted the Tower and Moreland Avenue town-owned
areas, and any resident requesting warning signs, may
obtain them from the Department of Public Works .
Mr. Burnell said there should be a preference program
for sidewalks set up by the Bo. rd.
Mr. Carroll stated there is a school building program
and the sidewalks have to be built for the schools He
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said he could come in with a sidewalk program but it is
something that should be done on recommendation of the
School Committee.
Mr. Burnell said he thought the Board should have
a program to build sidewalks on major highways . It
should follow the major highways first to keep people
off the major highways .
Mr . Carroll asked what would be done in the meantime
about the schools that are being built .
Mr. Burnell said they are talking about sidewalks
along major highways again He said at least one side
of the major highways could be done , and reported this
is where requests for sidewalks areeven from the schools.
They want sidewalks on Marrett Road, again a major highway.
He said sidewalks for secondary roads could be postponed
or if there is a street like School Street that very defi-
nitely needed a sidewalk, an exception to the program
could be worked out . He said now the Board works on re-
quests from the School Committee and private citizens and
after the sidewalks are built on major highways .
Mr. Carroll said last year the budget was made of
School Committee requests and listed in the order of prefer-
ence, but somewhere in the process of Board meetings, an
accident occurred on Concord Avenue and it gave up every-
thing and put a sidewalk in that area where a sidewalk
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had never been requested by the School Department. He
asked what good a program was in an instance like that.
Mr. Burnell said Concord Avenue is a major highway.
Mr. Cataldo explained the Concord Avenue sidewalk
was built because the Board wanted it in before Route 2
was widened.
Mr. Burnell said the Town may have to spend more
money on sidewalks
Mr. Carroll said it would be difficult to spend any
more money on sidewalks because it is time consuming and
difficult to get a contract out. He said he would try
to come in with his recommendations for sidewalks in the
budget.
The Chairman read a letter from Mrs . R. W. Kaufman,
14 Larchmont Lane, requesting installation of a sidewalk
on Bedford Street in a three-part program
The Chairman asked if anything could be done this
year and if there was an existing sidewalk along numbers
184, 185, and 187 .
Mr. Carroll replied there has never been a sidewalk
there and in order to put in a sidewalk, granite curbing
should be put in. He said no curbing has been put in
yet this year and he planned to run it along Waltham
Street, but if the Board wanted him to, it is possible
to put curbing on Bedford Street to protect the sidewalk
area and perhaps pave the sidewalk hext year.
Upon motion duly made and seconded, it was voted
to authorize Mr. Carroll to place curbing in front of
numbers 184, 185 and 186 to protect the sidewalk area
and to include an item in his 1965 budget for cohsideration
by the Board
The Chairman read another letter from the Jaycees
requesting the Board to reconsider closing the Sanitary
Land Fill on Sundays, and asked Mr. Carroll if he hack.
anything new to offer.
Mr. Carroll stated he talked to the Town of Bedford
and that dump is closed Sundays . It is open until
eight at night, but they are contemplating changing the
hours to be the sameeas Lexington' s. He said he could
see no basis for changing the regulations , and as far
as he knew, the dump was working out all right . He
stated if the Board does consider and go to Sunday open-
ing, there would be a problem of how to control the
Bedford Street traffic
Mr Sheldon said he thought the Board .shoukdcontinue
on its present policy of closing, but it may have to
review the subject later
Mr. Carroll reported a number of people had suggested
421
Naving the dump open nights which would mean putting
in
lights; the only problem being selecting the right night .
Mr. Cataldo reported the woman who called him sug-
gested that the dump be kept open Until six o 'clock, and
Mr. Burnell said that is not late enough
Mr . Carroll said he did not think people would drive
up there at night .
Mr. Cataldo said if it is not used, night opening
could be discontinued.
Mr. Sheldon masked how much it would cost to run
lights into the dump area, and the Chairman asked if
there would be any safety hazard involved and how long
the dump would be open.
Mr. Carroll replied until eight o 'clock.
Mr. Sheldon suggest. d that the Bcerd wait until
the Edison poles are placed and then the Board could
consider opening one night a week.
Mr. Carroll retired at 8 :15 P, M.
Mr. Humbert Lodi, 49 Williams Road , a neighbor, Mr.
Nelson and Dog Officer, Michael Shaughnessy, met with
the Board.
Mr. Lodi said he wanted to meet with the Board
because of the accident that happened in Middleton
where three dogs tore a young girl to pieces, and he
put himself in the parents ' place. He said he was
wondering what the ordinances ate in Lexington regarding
dogs running free like this, not only in regard to this
incident but the daily aggravation he has to put up with
The Chairman explained that there is no leash law in
Lexington, and as long as a dog is properly licensed, it
can roam unless he is a nuisance and a written complaint
is filed which usually ends up with a hearing. He asked
if Mr. Lodi was speaking in favor of a leash law, and he
replied in the affirmative.
Mr. Sheldon explained the Board of Selectman could
take no action in regard to leashing dogs because it does
not have that power.
Mr. Cataldo recalled that the Board has previously
discussed this subject two or three times and it was the
opinion at those times to place the question on the ballot
for the next Annual Election and give the voters an op-
portunity to decide
Messrs . Lodi and Nelson retired at 8:25 P.M.
The Chairman read a letter, complaining about dogs,
from Frank R. Powers, 3 Preston Road . _ The Clerk was
requested to have a copy made for the YQog Officer.
Officer Shaughnessy retired at 8 :30 P.M.
111
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The Chairman read a letter from the Planning Board
with reference to Mr. Paul McCormack's request for the
acceptance of the Lowell Street exit of Laconia Street
and the abandonment of the Woburn Street exit
Mr. Legro reported that he has talked to the Plan-
ning Board, but has not given a reply because of lack
of information of the circumstances . He explained a
piece of the land is in private ownership and he has
told the Planning Board the Town cannot abandon a private
way because it has no rights in a private way. He said
there are many things about this that he does not know.
Mr. Gray was requested to discuss the matter further
with Mr. Zaleski.
The Chairman read a let,,er from Mr Zaleski, Plan-
ning Director, with reference to the parcel of land
southwest of Worthen Road that Mr. L. Albert Wilson
desires to acquire.
Mr. Gray reported he talked to Mr. Wilson who wants
to purchase this parcel ai-d if he cannot purchase it,
he would like to put a lone of trees on the land He
reported also that this parcel, according to Mr Snow,
was acquired in two parcels for the Senior High School.
The piece of land Mr . Wilson wants to acquire is part of
the land acquired for scnool purposes and should be
cleared through the School Committee. Mr Snow said as
far as he could see, there is no objection as this small
parcel is of no value to the Town, but he was sure this
would require a vote of the Town
Mr Gray was requested to discuss the subject with
the School Committee
Mr. Gray asked if the Board into insert an
article in the warrant for the November Meeting
The Chairman replied in the negative and said it
would have to go to the Annual Meeting in March.
Form notice was re ceived from the Alcoholic Beverages
Commission relative to a public hearing scheduled for
Hearing November 5 on the question of adopting rules governing
the issuance of uniform form of liquor purchase identification
cards for persons who shall have attained age of twenty-one .
Mr . Gray was requested to attend the hearing.
Upon motion duly made and seconded, it was voted
to grant a Taxi Driver license to Winifred W. Belcher,
License 8 Balfour Street, satisfactory character references
having been received from Chief Rycroft .
4123 B.
Upon motion duly made and seconded, it was voted
to approve the minifies of the Selectmen's Meeting held Minutes
on October 14, 1964
Upon motion duly made and seconded, it was voted
to appoint Louis A. Zenner, 6 Fair Oaks Drive, to the
Board of Cemetery Commissioners to serve until the Appointmen
Annual Town Election in March, 1965, to fill the vacancy
caused by Mr Gail Smith's resignation
Upon motion duly made and seconded, it was voted
to appoint the following individuals to serve on a com-
mittee to be known as the Lexington Financial Study Committee
Committee Messrs . Paul G. Yewell, Louis A. Zenner,
Frank T. Samuel, Jr. , Harry C. Berglund and Edward D.
Duncan.
It was agreed to request the committee to meet
with the Board next Monday evening at 9 :00 P.M.
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of dis-
cussing, deliberating or voting onmatters, which, if Executive
made public, might adversely affect the public security, Session
the financial interest of the Town, or the reputation
of any person
Following discussions with Mr. Gray, Executive
Assistant, and Mr. Legro, Town Counsel, it was voted
to resume the open meeting
Mr. John Carroll returned to the meeting
Mr Cataldo reported that he h d a meeting with
Mr. Frank O'Hara of Arlington and said Arlington will
drain two ponds and the Town of Lexington would be per-
mitted to connect to the drain in connection with the Rindge
problem existing on Rindge Avenue He recommended that Avenue
an appraisal of the pond should be made and an article drainage
inserted in the warrant for the March Meeting
Mr . Carroll asked whst the legal solution eras
Mr. Cataldo ton replied Arlin will bringits drain
P $
to the Town of Lexington line
Mr. Carroll mentioned that Lexington water would
still be going to the Torn of Arlington.
Mr. Cataldo said that was correct and all Lexington
needs is permission, which the Arlington Board of Select-
men will grant .
Mr. Carroll asked about Lexington' s right to dump
water into the Town of Arlington.
Mr. Cataldo explained the primary purpose would not
be to benefit Lexington, brit drain those two ponds,
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and Lexington would not want an easement because it is
not maintaining the drain, merely permission to connect
to Arlington's drain.
Mr . Legro said if all Lexington intends to do is to
connect into the existing drain, or will be existing drain,
the Arlington Board has the authority to grant permission
and also has the authority to rescind it .
Mr. Carroll said he thought it was a good idea and
should be done, but he wanted to make sure it can be done
legally.
Mr. Legro said this matter should be reviewed step
by step
Mr Cataldo stated Lexington has a drainage problem
it has to solve some He would like to obtain an
appraisal of the pond and then insert an article in the
warrant for the March Town Meeting The article to
request permission to acquire the land as Lexington does
not own half of this pond
Upon motion duly made and seconded, it was voted
to insert an article in the warrant for the Annual Town
Meeting in March, 1965.
The Chairman read a letter from the Town Celebrations
Committee relative to observance of United Nations Day,
UN Day October P1! , and Veterans ' Day, November 11 .
The Chairman said he would attend both ceremonies
in observance of united Nations Day
At 9:30 P.M. , Mr. Robert Rushton met with the Board
and submitted a sample of water which he claimed was
taken from his well, the well having been filled by the
Fire Department. Following a lengthy discussion rela-
tive to supplying Mr . Rushton with water, it was agreed
that Mr Rushton would have a legal representative , not
an engineer or water man, from the Air Force in Bedford
meet with the Board next Monday to discuss Mr. Rushton's
request to connect into the Air Force metered water line
from Wood Street to the base.
Mr . Rushton retired at 10:00 P M
The meeting adjourned at 10 :00 P.M.
A true record, Attest
Fec ive ler , Select en