HomeMy WebLinkAbout1964-10-05-min 401
SELECTMEN'S MEETING
October 5, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, October 5, 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. Carroll reported that he had contacted Mr
Aiden L. Ripley in regard to cleaning the Minute Man statue.
Mr Ripley, who discussed the subject with the best scu3ptor
he knew, was told it would cost about $1,000 to restore Restoration
t}j.e statue, and suggested that Mr. Carroll contact a man of Minute
in Long Island, New York, and request a price Mr. Ripley Man Stake
feels this is the only man he knows who could do the job
satisfactorily.
Mr. Sheldon asked if Mr. Ripley said there was any-
thing really wrong. He asked if this was strictly an
appearance problem, and Mr. Carroll replied in the affirma-
tive.
ffirma-
tive.
Mr. Brown suggested that possibly funds would be
available from one of the various Trust accounts
Mr. Carroll reported on bids taken for painting the
standpipe and stated he was not making any recommendation
this evening. He did ask, however, if the Board agreed,
for tentative approval so ne would be in a position to Bid
get the contracts signed
Upon motion duly made and seconded, it was voted
to award the contract to the low bidder, William R. Dunlap,
Inc. , in the amount of $10,300.00, pending approval of Mr.
Carroll on all facbts of the bid
Mr. Carroll reported that Frederick Maloney, an em-
ployee in the Public Works Department for about twenty-
five years, has been hospitalized due to a heart attack
for a month. He is now at home, but has used up all his
sick leave and vacation. Mr. Carroll reviewed Section
12 (d) of the present rules and regulations governing
sick leave and asked thel Board to extend the time to
the end of this month.
Upon motion duly made and seconded, it was voted
to extend Mr. Frederick Maloney' s sick leave through
October 31, 1964
4
al
Mr. Carroll reported on bids taken by the State De-
partment of Public Works on the construction of Massachu-
Mass. Ave . setts Avenue and advised tht J. J. O'Brien was the low
bidder with a figure of $171,334.25. He explained
that the State Public Works Commissioners will, at a
regular weekly meeting, vote on whom to recommend to
the Board for awarding of the contract
Mr. Cataldo asked if Mr. Carroll had checked on
the contractor, and he replied that the State does all
the investigating
The Chairman reported that he had received a call
from Mr. Robert Hargrove, Chairman of the Standing School
Town Building Committee, advising that his committee would ac-
Meeting preciate having the Special Town Meeting on November 23.
Upon motion duly made and seconded, it was voted
to hold the Special Town Meeting, previously called for
November 16, on November 23, 1964.
Mr. Legro asked if the Committee had considered its
bid opening dates.
The Chairman replied that they will be within the
time limit.
Mr. Carroll reported that he has received an unusually
large number of petitions for sewers in 1965, particularly
from the North Lexington area, all of which would tie into
the pumping station. He explained that work on the leak
survey has been stopped, but up to the time work on it
ceased, he found very few leaks that could be sealed off.
Most of the leaks were service connections . He pointed
out this is the second consecutive year he has received
such a large number of requests in the North Lexington
area He explained the alternative to sealing off leaks
is to enlarge the pumping station, putting in larger pumps
and/or a larger force main, a cost of something around
$130,000 without figures on the pumps . He said the only
way to serve Winter Street is a trunk sewer, $75,000, and
75% of the petitions are in this area, but he can't allow
connections to the sewer system. He said if all petitions
were returned andthe pumping station were enlarged the
Board is talking about a quarter of a million dollars. He
said unless the petitions are received, there is no estimate
for the budget, but pointed out he did not want to imply, by
sending out petitions, that these people would be connected
to a sewer.
It was agreed that Mr. Carroll should send out formal
petitions and advise the parties that the Board would con-
sider them.
403
Mr . Carroll stated it will take two weeks to get the
petitions out .
The Chairman pointed out that in areas where there is
a serious problem, the people will make sure the petitions
are signed and returned.
Mr. Carroll reported that he is now storing equip-
ment outside the town barn every night, and asked if the
Boa^d wanted to consider, for the November Town Meeting,
an article to appoint a committee to study the question
of whether or not the barn should be enlarged . He said,
personally, he did not think the barn should be located
in any other area
Mr. Burnell said he did not think this should be re-
ferred to a committee and that the Selectmen could take
care of it.
Mr. Carroll said funds would be needed to engage an
architect
Mr. Cataldo asked why he felt the need of a committee
and he replied that if there is any question about another
location, the Board might want a committee.
Mr Cataldo asked why a new location was necessary.
Mr. Burnell said the only need for a committee would
be a new location and an entirely new setup.
Mr. Carroll said he should have money for architectural
fees.
The Chairman asked for the Board 's opinion on the lo-
cation of the barn.
Mr. Sheldon said he felt the Board should take a look
at the alternatives before it makes a commitment since the
possibility of another location was considered. He agreed
that a committee would not be necessary for the present lo-
cation.
Mr. Cataldo felt the present location has many advantages.
Mr. Burnell said the Board would not agree this evening
to insert an article in the warrant for the November Special
Meeti; g.
Mr. Carroll said he was thinking about 50% more space
than is presently available.
Mr. Sheldon felt only preliminary plans would be neces-
sary and that they would not cost more than $1,000 or $2,000,
and an article should be included for tnis .
Mr. Burnell pointed out this would be in effect saying
that the Board had decided to remain in the same location
Mr . Brown pointed out that by moving to a new location,
the current property is in a business zone and might bring
in a return to offset the cost of a new building.
Mr . C taldo said, in considering Hartwell Avenue, a
public works building wo ld not be the neatest type to lo-
cate adjacent to a good-looking plant, and he thought the
4104i
01
present location should be retained. He also felt, from
an operational standpoint, that there were advantages in
favor of remaining in the present location.
Mr. Carroll said he would prefer to remain where the
building is now.
Mr. Sheldon said he was in favor of hating an article
to make it possible to engage an architect for preliminary
plans, and that he would like to look into the other
The Chairman asked if Mr. Carroll could wait until
March, and he replied in the affirmative.
The Chairman said the Board is agreeing to have a
study committee.
Mr. William Welsh and Mr. George Matheson, representing
the Minute Man Realty Trust, met with the Board.
Mr. Welsh said a couple of months ago, a group he
represents, owners of the Central Block, talked about possi-
Minute Man tile action by the Town of incorporating in the warrant an
Realty article with respect to an exchange of property with the
Trust Town on the Central Block and the fire station site in
the rear. At that time, there was confusion in that his
group was not sufficiently firmed inLits plans to accept
the limit and there were some other conditions, causing
them to reconsider the matter at that time. He said at
the mokent they are realtively firmed in what they would
like to do . They have nad informal meetings with the
Historic Districts Commission and have no definite ap-
proval as yet, but he felt the situation is at the point
where such approval will be forthcoming. Therefore,
they felt it very important to try and settle this so they can
proceed with their program. He said they were asking that an
article be inserted in the warrant for the next Town Meet-
ing authorizing the Selectmen to consider an exchange of
property swapping the frontage for the old fire station
land
Mr Sheldon asked if Mr . Welsh had discussed this
with Town Counsel
Mr. Welsh replied in the negative and said the problem
before was a time limit . Now they are agreeable to ac-
cepting a reasonable time limit and he felt that removed
any block. He said he was petitioning for an article in
the warrant much the same as was in before
The Chairman said the Board would at least reserve a
place in the warrant for an article.
Mr. Legro asked what time limit Mr. Welsh was talking
about.
Mr. Welsh said he thought before Mr. Legro suggested
two years and he would like to know what Mr. Legro thought
would be proper.
Mr. Legro said, offhand, he thought two years would
be enough.
405
Mr. Matheson asked what two years implied.
Mr. Legro stated that the Town would make an exchange
at the time the Trust has the building demolished. He
said the Board would want to be in a position where the
building would be demolished and that strip of land
filled and restored.
Mr. Matheson said there might be a problem as they
have to do some financing.
Mr. Welsh pointed out that if the title is not in
order, they will not be able to do any financing.
Mr. Legro said the Board would want to give them
time to demolish the building, but would not want it to
go on interminably. He said if they have a vote of the
Town and an agreement to do it, they would be in a very
good position as far as finances are concerned.
Mr. Welsh said they would agree within two years
from the time the exchange is formally proposed and the
Town has voted -within two years from that time they would
consummate an exchange.
Mr. Legro said they would demolish the building.
Mr. Welsh said they would have a recorded vote of
Town Meeting giving the Selectmen approval to make this
exchange and they would have to have some agreement .
Mr. Legro also said they would have to have an
' agreement .
Mr. Welsh said he wanted to be assured that when
they complete this arpangement, draw plans and are
ready to go, they will not be stopp ed by the fact they
have no title to the land.
Mr. Matheson sad what bothers him is putting the
land back to the satisfaction of the Town. He asked
why they couldn't post a bond to demolish the building
and put the land in condition satisfactory to the Super-
intendent of Public Works
Mr. Legro said that might be worked out, but it is
not a happy situation for either party He explained
these are details which can be worked out and the first
step is to put it before Town Meeting. He said if the
Town votes it, this contemplates an agreement between
the Selectmen and the principals He said these
problems can be worked out when it is known exactly what
the Trust 's problem is.
Mr. Welsh said they could not demolish the building
until they have been able to finance the whole arrangement
Mr. Legro said they would be able to get a commitment
on the basis of an agreement, but they would not actually
get the money until they have title
The Chairman said, for the record, the intent of both
parties is to consummate the deal .
406
cc
a,
Upon motion duly made and seconded, it was voted
to insert an article in the warrant for the Special Town
Meeting to be held November 23, 1964.
Mr. Brown refrained from voting.
Messrs . Legro, Welsh and Matheson retired at 8:15 P.M.
Upon motion duly made and seconded, it was voted
Gas main to grant permission to the Mystic Valley Gas Company,
to locate a 2" welded steel gas main extension in Pearl
Street to serve gas to #27, Mr. Carroll having approved.
The Chairman read a letter from Lawrence F. Covert ,
42 Clematis Road, requesting the Board to grant permission
Swimming to the Water Department to fill his swimming pool.
pool Mr. Carroll reported th t the pool was built without
any idea of how it was to be filled as his house is 1500
feet away f, om a water main. He mentioned that it has
been the Town's policy not to fill swimming pools, but
this individual wants it filled before winter.
Mr. Sheldon asked what would happen in the future .
Mr. Carroll eplied the Board should advise him it
will not be filled in the future . He suggested to Mr .
Covert that he get a tank truck to fill it .
Mr. Cataldo pointed out Mr. Covert will have the
same problem twice a year.
Mr. Carroll was requested to obtain more definite
information as to the type of material used in building
the pool.
Form letter was received from the Department of
Civil Service and Registration relative to registration
Engineers of professional engineers.
Mr. Gray explained the Town is covered and this does
not affect Lexington
Mr. Carroll said he is both a registered land sur-
veyor and engineer.
Notices were received from the Metropolitan District
Commissioners ofhearings to be held on proposed improve-
ments to sewer and water systems .
Mr. Carroll said there are annual hearings and if
there is anything unusual, he would attend.
The Chairman read a letter from Otis N. Minot,
1776 Massachusetts Avenue, stating lights in the muni-
cipal parking area between Waltham and Muzzey Streets,
were burning part of a day and he wanted to know who
paid for this.
Mr. Carroll explained that the Town does notpay
anything extra for lights burning during daylight hours.
407
If the lights were not on, according to the lighting
schedule, then there would be cause for concern.
Letter was received from the Chamber of Commerce
advising that it wished to be recorded in opposition
to closing the dump on Sundays and have it put back on
the basis it had been for many years.
The Chairman reported he still receives calls, and Dump
one man this evening suggested tht the dump be closed
another day, say Monday
Mr. Cataldo felt that closing Mondays would not
be the solution and asked why these people are opposed.
He said if a person cannot make it Monday through SUtur-
day, that is one thing, but just to be opposed to the
closing is another matter He said there are no figures
of how many can go and how many cannot go.
Mr. Burnell said a citizen tal=ed to him at some
lenghh and gave the impression Sunday was the only day
he could go to the dump. However, during the conver-
sation, it appeared that he could just as well go any
other day, particularly Saturday, Mr. Burnell felt that
it might be found that this would be true of many people
Mr. Cataldo said there is no question but that some
people will be in the situation of being unable to go
Saturday.
Mr Sheldon said this closing on Sunday is something
the Board is going to try
Mr. Carroll said he felt the complaints are falling
off.
Mr. Sheldon suggested that the Chamber of Commerce
be told the Board is giving the subject mature consideration.
Letter was received from the Standing School Building
Committee advising the Board of two articles for the Novem- Articles
ber Town Meeting. A copy of the communication was given
to Town Counsel.
Mr. Gail Smith, Cemetery Commissioner, met with the
Board and reported that the Commissioners have been op-
erating with tao men for almost a year and he is going
on a trip for five months He said unless the Board had
some suggestion, he would have to resign. He informed
the Board that Mr Winlock, whose term expires in March,
is now at the Fairlawn Nursing Home, and although his mind Cemetery
is alert, he is not physically well He said he should Commis-
resign so the Board could appoint an active member. sioner
The Chairman said if Mr. Smith resigned, it would be
up to the Board to make an interim appointment .
Mr. Smith said he could resign now and run on Mr.
Winlockts term in the spring He mentioned Louis Zenner
408
r-
Cc
01
and said he was interested and willing to accept an ,
appointment and would make an ideal commissioner. .
The Chairman explained the Board 's appointee would
serve only until the next election and the Board would
not be keeping good faith if it appointed him only until
Mr. Smith returned.
Mr. Smith said he should resign now and let whoever
the Board appoints fill histerm, then in the spring he
would run for Mr. Winlock's term
The Chairman explained Mr Smithshould resign to
the Town Clerk and then the Board would make an appoint-
ment.
Mr. Smith and Mr. Carroll retired at 8:38 P.M.
Upon motion duly made and seconded, it was voted
to certify the characters of Steven J. Dostou, 21
Winchester Drive, and Charles H. Drape, 32 Locust Avenue,
Cert. of Inc who have applied to the Secretary of State for a Certi-
ficate of Incorporation. Both individuals received
satisfactory references from the Chief of Police
Further consideration was given to the vacancy on
the Board of Registrars
Appointment Upon motion duly made and seconded, it was voted
to appoint Mr. Raymond E. Lewis, 60 Forest Stress, to
the Board of Registrars for an unexpired term ending
March 31, 1966, to fill the vacancy caused by the death
of Mr. Malcolm Clifford.
Appointments to the Board of Public Welfare and
Appointments Town Celebrations Committee were held over.
Names suggested for appointment to a committee to
Appointment study rezoning in general were Paul Yewell, Louis Zehner,
Nathan Ricker, and Gardner Ferguson.
Letter was received from the Lexington Arts and
Appointment Crafts Society, Inc. , submitting the name 0E' Albert M.
Eames, Jr. , 2 Briggs Road, for appointment as associ-
ate member to the Historic Districts Commission.
It was agreed to wait until a second name is sub-
mitted by the Society as required in Act which establi-
shed the Commission.
Upon motion duly made and seconded, it was voted
to grant permission to the Painters ' Guild, Lexington
Arts & Crafts Society, Inc. , to conduct an outdoor art
exhibit on grounds of the Buckman Tavern, Sunday,
October 11, with an alternate date of October l8 in the
event of inclement weather.
4W3
Upon motion duly made and seconded, it was voted
to renew Sunday Movie License, Lex-Mil Theatre Inc. License
Upon motion duly made and seconded, it was voted
to deny an application for a Taxi Driver License filed License
by Edward F. Ritchie, 37 Sherburne Road, due to the
report received from Acting Chief James F Corr.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held Minutes
September 28, 1964.
Upon motion duly made and seconded, it was voted
to sign orders for the construction of sewers in Buckman Sewer
Drive, Dawes Road, Grassland Street, Lantern Lane, Locust Orders
Avenue, Payson Street, Philip Road, Winston Road and
Bridge Street.
It was also voted to sign an order for the con-
stuction of a sidewalk in Dewey Road.
Upon motion duly made and seconded, it was voted
to sign the warrant for the State Election to be held Warrant
on Tuesday, November 3, 1964, polls to be open from
7 :00 A.M
Mr. Gray reported that Frank Walker came in to
see him about a sewer easement through his property lo- Walker
cated on Bacon Street . Mr. Walker will accept, in lieu sewer
of betterments, permission to enter the sewer without easement
charge, no sewer or water betterments against the land,
abatement of the 1963 real estate taxes and repairs to
the holes in Bacon Street.
The matter was referred to Town Counsel.
The Capital Expenditures Committee met with the
Board.
Mr. Boughton said some months ago, he mentioned to
the Chairman this committee was talking tothe Planning
Board about long range financial planning, and he sug-
gested that the committee meet with the Selectmen.
Mr. Boughton explained the thoughts of the committee
in regard to long range financial planning.
Mr. Sheldon said as he inderstood what Mr. Boughton
proposed and what the Selectmen are proposing, the Select-
men's study will be a much shorter range study. He said
the Board will expect, from a committee it expects to
appoint, a study which will be much more limited than
what the Capital Expenditures Committee is proposing.
Mr. Boughton said the best his committee could hope
for would be a year from next March.
-410 �.)
C.
c--,
0,
Mr. Sheldon explained the Board's interest is to
try to do something that may not be as complete, as to
give its facts immediately with possibly more emphasis
on the financial side. He stated that what the Board
proposes to do would not negate what the committee has
in mind.
Mr. Cataldo explained that the Board is trying to
give the townspeople a picture of what the tax structure
is going to look like now and ten years from now if no
action is taken. He said the Board is going about this
with no specific rezoning, but leaving it up to the towns-
people to tell the Board what , if any, changes they want
in the land use. He explained that the Board does not
want to wait two years. He said he thought the Board
would proceed with its survey and would appreciate any
help the committee could give . He said the Selectmen
were going to be interested in the financial end of this and
the Planning Board is going to be interested in the land use
Mr. Boughton said his committee did not want to work
for two years and spend money and find out what it has is
not what is wanted.
The Chairman said the Board may have some suggestions
after it has given the subject more thought.
The committee retired at 9:30 P.M.
Upon motion ddly 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 Town Counsel on legal
matters, it was voted to resume the open meeting.
Letter was received from the Recreation Committee
Lrtic .e requesting insertion of an article in the warrant for
the November Town iiieeting to appropriate funds for a
Bio-Engineering Survey of the reservoir on Marrett Road
to determine its suitability as a swimming area.
It was the unanimous opinion of the Board that
the amount requested and its purpose should be considered
with regular appropriations to be presented to the
Annual Town Meeting it March.
Mr. Gray was requested to check whatever background
information that has been compiled on the subject.
Upon motion duly made and seconded, it was voted
to insert an article in the warrant as presented by
' Daniel Curtin and the required nmmber of signatures of
registered voters.
The meeting adjourned at 10 :30 P.M. II
A true record, Attest:
-ExecIva Cler , Selec en
L