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HomeMy WebLinkAbout1964-09-02-min air J(3 t SELECTMEN 'S MEETING September 2, 1964 A regular meeting of the Board of Selectmen was held in the Selectmen 's Room, Town Office Building, on Wednesday, September 2, 1964, at 7:30 P.M. Chairman Cole , Messrs. Brown, 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. Burnell arrived after the meeting opened and retired before the meeting adjourned Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of four jurors . The following individuals Jurors were drawn for jury duty: Merrill A. Furbush, 24 Fiske Road, Philip C. Vincello, 14 Boulder Road, Louis F. Hallowell, 38 Greenwood Street, and Framcis Lee, 35 Highland Avenme Mr. Carroll retired Hearing was declared open upon petition c;f the New England Telephone and Telegraph Company for permission Conduit to locate approximately sixty-five feet of underground location conduit in Worthen Road. Mr. Robert Dunn, representing the petitioner, was the only person present at the hearing Notices of the hearing were mailed to the petitioner, owners of the property as listed on the petitioner ' s plan and also filed with the Superintendent of Public Works. Mr. Dunn explained this petition was submitted last week and an informal conference was held because the people want the service Mr Carroll reported that Mr. Reuben Seth said he could not be prese t at the hearing, but was not op- posed The hearing was declared closed, and upon motion duly made and seconded, it was voted to grant the peti- tion and sign the order for the following underground conduit location Worthen Road: From a point 542' feet southerly from Bedford Street, from Pole 345/6 easterly, approximately 65' feet of underground conduit Hearing was declared open upon petition of the New England Telephone and Telegraph Company and the Boston Edison Company for permission to locate on pole on 35 Robinson Road. Mr. Robert Duhn, representing the New England Tele- phone and Telegraph Company, and Mr. Serverson, repre- Pole senting the Boston Edison Company, were the only persons location present at the hearing Notices of the hearing were mailed to tae petitioners, owners of the property as listed on the petitioners ' plan and also filed with the Superintendent of Public Works Mr. Serverson explained that because of the widening of Route 128, Robinson Road will be swung around and they have to move the pole and locate it on the edge of the road 14 where it belongs . Mr. Cataldo asked if the location would be permanent and Mr. Serverson replied in the affirmative. The hearing was declared closed, and upon motion duly made and seconded, it was voted to grant the petition and sign the order for the following pole location: Robinson Road, southerly side, approximately 100 feet east of Grove Street, -- One (1) pole Robinson Road, northerly side, approximately 285 feet east of Grove Street, -- One (1) pole (One existing JO pole to be removed. ) Hearing was declared open upon petition of the Boston Edison Company fcr permission to locate a manhole and underground conduit on Lowell and Summer Streets Manhole an Mr. Serverson, representing the petitioner, was the conduit only person present at the hearing. Notices of the hearing were mailed to the petitioner, owners of the property as listed on the petitioner 's plan and also filed with the Superintendent of Public Works. Mr. Carroll stated that the proposed locations were satisfactory to him The hearing was declared closed, and upon motion duly made and seconded, it was voted to grant the petition and sign the order for the following manhole and underground conduit locations Lowell Street, approximately 145 feet southeast of Summer Strec,t, a distance of about 10 feet - manhole . Lowell Street, southeasterly from Summer Street , a distance of about 430 feet - conduit Summer Street, at Lowell Street, a distance of about 50 feet - conduit The Chairman referred to a public hearing held July 13 relative to petition for a j/o pole location on Rawson Avenue and reported that Mr. Cataldo had discussed the matter with Mr. Vitale who had registered opposition . Mr Cataldo recommended approving the location subject to it being a guy pole, the height to be kept to the height Pole of the trees location Upon motion duly made and seconded, it was voted to grant the petition and dign the order for the following j/o pole location: Rawson Avenue, northeasterly side, approximately 117 feet northwest of Rindge Avenue, -- One (1) pole Messrs Dunn and Serverson retired Mr. Carroll referred to Cabot , Cabot & Forbes and a water problem on the Frontage Road. He stated the problem centered around their problem of getting water to Burroughs temporarily while the proposed 8" water main was to be built by the contractor working for the State on Route 2. He reported that a meeting was held today with officials from the State Department of Public Works, and a repre- sentative, Mr. Currie, of Cabot , Cabot & Forbes. Mr. Currie will recommend to his company that it pay one-half of the cost of the 8" main in the Frontage Road, but that would have to be subject to the approval of Mr. McArthur, repre- senting Countrywide. In order for Cabot, Cabot & Forbes to go along paying one-half, they will have to provide temporary service to Burroughs. He said it would be ex- pensive to Cabot, Cabot & Forbes, but they are willing to go along, but they do not know if Mr. McArthur of Countrywide would want a service larger than two inches on a temporary basis . One hundred percent approval was withheld until some word was received from McArthur. The State Department of Public Works in the meantime is ready to advertise the job. They see no reason why they can 't include the 8" main in the project, but they would like a letter from the Town as soon as possible telling them to put it in the plans. He suggested that the Board, upon receipt of a letter from Cabot, Cabot & Forbes agreeing to pay one half of the cost, send a letter to the State asking that this be included in the plans and specifications. Mr. Cataldo asked if the Town had funds available. Mr. Carroll replied in the negative and said the Board should tell the State that funds will have to be requested at a fall Town Meeting. He said they would have to depend on the Town Meeting. Upon motion duly made and seconded, it was voted to request the State Department of Public Works to include 6 the Frontage Road 8" water main in the plans and specifi- cations for Route 2 work Mr. Car- oll referred to opening the enclosed field fence and reported that the School Departzpent would like Opening in an opening where the field house exit ramp now comes out enclosed so the football players will not have to cut across the field fence grass He said if there is to be an opening in the fence, there should be a gate. The Board felt that a gate would be practical, and upon motion duly made and seconded, authorized Mr. Carroll to have a gate installed in the opening. Mr. Carroll said he would like the Board to authorize a taking. He presented a plan and indicated the proposed location of the Semonian drain from Lowell Sureet to Ridge Road He reported that his department has met with Messrs Semonian, Sherman and Cataldo and the plan is agreeable to all three. They all agreed that the drain should be in- stalled but none of them are willing to give the Town an easement . The Chairman asked if they would take it and settle afterwards Mr. Carroll replied in the affirmative. Upon motion duly made and seconded, it was voted to authorize a taking be made for drainage purposes Mr. Carroll asked if the Board wanted to discuss the dump report The Chairman stated that he did not have an opportunity to read it Mr. Sheldon said he read it and the only controversial matter is the Sunday closing Dump Mr. Cataldo said he was in favor of closing Sundays. Mr. Sheldon asked if the regulations could be changed if the Sunday closing was tried and the Board was stormed with protests Mr. Carroll replied in the affirmative. Mr. Burnell asked why the dump should be closed on Sundays Mr Carroll replied that one of the major problems is the people in the area He said he thought they de- serve one day's rest from cars He said he thought the whole problem of people saying they had to have that day to dump was because they only had that day off. Now practically everyone has Saturdays off and they usually find their way to the dump He said most places do not open the dumps on Sundays , and in Winchester, where they have an incinerator, it is closed on Sundays. Mr. Burnell asked if the Town would be set up on a traffic pattern so this can all go in on one day. He 0 e asked if the Town could take care of the traffic Mr. Carroll replied in the affirmative. Mr. Cataldo said he thought it could be controlled better in this area than it could on Lincoln Street . He said the problem would be on the 4:30 traffic on weekdays . Mr. Brown reported that many people from Bedford are using the Lexington dump because Bedford closes Sundays . Mr. Carroll said he did feel that the people in the east end of Town, six miles away, will find some other way of getting their rubbish to the dump. He stated that more and more people are using private collection and he felt there would be requests for public collection regardless of what is done about Sundays. He stated that Sunday closing also mages it easier for him to schedule the operation of the dump. Mr. Sheldon recommended locking the dump on Sundays so that what has been said about Bedford dumping could be stopped. Mr. Burnell asked if there would be any connection be- tween closing the dump on Sundays of forcing the Town into a collection system operated by the Town, and if the Board wanted to force the Town into this situation Mr. Carroll replied that he did not think closing on Sundays would force the Town into that and he thought the people in Town would continue to go to the dump. Mr Sheldon suggested that the proposed closing on Sundays be tried. Mr. Brown asked what would be done with the occasional individual who would go up there on Sunday and dump on the Cabot, Cabot & Forbes ' land Mr. Carroll replied that happens now but this type of problem la=sts only a little while . He said the Board could always have the police spot check the area. Upon motion duly made and seconded, it was voted to adopt the dump rules and regulations providing for Sunday closing as follows: RECOMMENDED RULES AND RLGULATIONS GOVERNING OPERATION OF HARTWELL AVENUE SANITARY LAND FILL Pursuant to the power conferred on the Board of Select- men by the General By-Laws of the Town, and every other power them in any way enabling, the Board of Selectmen of the Town of Lexington hereby adopts the following rules and regulations governing the operation of the Sanitary Land Fill situated on Hartwell Avenue in Lexington l. ) The land fill shall be open daily, except Sunday, between the hours of 8:00 A.M. and 8:00 P.M. during the period of the year from the beginning of Eastern Laylight 3 61. Saving Time to September 30th and between the hours of 8:00 A.M. and 5:00 P.M. during the remainder of the year, and the placing or depositing of any material in or about the land fill, except during the aforesaid hours, is prohibited No person unless expressly auth(.rized by the Superintendent of Public Works, is permitted within the land fill during the hours that it is closed 2. ) The lighting of any fire in the land fill or the placing of any combustible material on any fire that may be burning in the land fill is expressly prohibited except that the burning of diseased elms under the supervision of the Superintendent of Public Works is permitted. 3. ) Material is to be placed or deposited in accord- ance with any directions that may be given by the person in charge at the Sanitary Land Fill and no material is to be placed or deposited by any person in any portion of the land fill that may be marred with signs indicating that dumping in those areas is not permitted 14. ) No garbage, offal or offensive material shall be placed or deposited in or about the sanitary land fill. 5. ) The land fill is maintained for the deposit of ashes, cinders, papers and other rubbish and- refuse origi- nating within the Town of Lexington:, and the dumping or depositing therein of any material originating outside of the Town of Lexington is prohibited. 6. ) Picking the Sanitary Land Fill., or removing from the Sanitary Land Fill, any material that has been placed or deposited therein is prohibited. 7. ) The Sanitary Land Fill shall be closed on the following days : All Sundays except those Sundays which follow a legal holiday which falls on a Saturday. Also on the following holidays New Year ' s, Easter Sunday, April 19, May 30, July 4, Labor Day, Veterans' Day, Thanksgiving Day and Christmas Day. 8. ) Permits 1. ) $25.00 for a yearly permit for commercial vehicles engaged in the commercial collection of rubbish origi- nating in Lexington This permit will be valid only 362 z cn Cr in the calendar year for which it is issued and may be obtained from the Board of Selectmen upon written application. 2. ) $1.00 for a yearly permit for commercial vehicles not engaged in the commercial collection of rubbish;, and which are garaged in Lexington. This permit will be valid only in the calendar year for which it is issued and may be obtained from the Board of Selectmen upon written application. 3. ) $2.00 for a daily permit This permit will be valid during the whole of the day for which it is issued and may be obtained from the Superintendent of Public Works. 9 ) The penalty for violation of these rules and regu- lations is a fine not exceeding $20.00 for eac}j. offense The Chairman said that on September 7 and 16, the holidays of the Jewish faith would be observed. Temple Isaiah on Lincoln Street has a parking problem and he asked if it would be possible to have the dump open for parking to keep the cars off Lincoln Street Mr. Burnell asked if there was an obligation on the Board' s part to provide for safety Mr. Carroll pointed out that people will be driving in to the dump. The Chairman said the use of the dump for parking would be from 9 30 A.M until 12 00 noon Mr. Carroll said he would have no objection if the Temple hired a police officer The Chairman said that on September 16, Wednesday, the dump would be open and he asked if it would be possi- ble to reserve a section Mr. Cataldo asked about the Town' s liability. Mr. Legro said the question is what claims the Town may get. Mr. Brown said the Town carries liability insurance on it for the operation of a dump. Mr. Legro said he thought this was just as bad practice as the horse show, which he opposed The Chairman said there would be parking on both sides of the street The Board can restrict the park- ing to one side and allow them to use the dump providing they hire one of the Police Officers to enforce bo dumping. Mr. Burnell asked if there would be a safety arrange- ment so they would assign some of their members to enforce v363�_ 7M�•S safety and n( t let people go in there and park as they will, but have someone to guide the parking Mr. Cataldo suggested that the passengers in the cars be let out at the Temple and only the driver go into the dump to park the car. The Board was agreeable to allowing the Temple to use the dump for parking on September 7 and September 16 from 9:30 A.M. until 12:00 noon at its own risk, provided the Temple provides police protection from the Lexington Police Department to prevent dumping and the Police Of- ficer to enforce orderly parking, and further provided that the drivers of cars will discharge passengers at the Temple and then park the cars . Mr.Brown sugge ted that Mr. Gray have the insurance Dump coverage on the dump on Lincoln Street transferred to the new dump location on Hartwell Avenue Mr. Carroll suggested that on September 21 dumping hours be established from 8:00 A.M. until 5:00 P.M. The Board had no objection . Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen 's Meeting held Minutes August 2L.. At 8:00 P.M , Messrs. Fisher, Page, Hayes, Bertini, Abell and Snow met with the Board. The Chairman stated that the purpose of the joint meeting was to view the final plans Mr. Snow has prepared for approval. Mr. Snow submitted the general site plans and ex- plained them to the group, pointing out one or two ob- jections to the plan previously submitted. He made the statement that this was the ultimate plan for this scheme He presented and exrlained a stage One drawing of what would be done immediately without disturbing anything Mr. Abell stated the first thing to be considered is baseball fields and he expressed his views as to the number of fields and locations. The Chairman stated that the plan presented this even- ing is the ultimate plan and as he understood it , all parties are agreed that any disagreements are of a tempo- rary natuLe and can be worked out on the field itself. Mr. Carroll said if everyone has agreed to the final plan, some thought will have to be given about ikimlementing it. He said he has ideas of what should be done fist and the School Com attee may have some ideas . He suggested that the School Committee nepd' the Board its recommendations of what should be done next year. The Chairman said that , for the record, this final plan is approved, and there were no dissensions. 364 cF Upon motion duly made and seconded, it was voted to approve the final plan as submitted and viewed this evening, and to have all parties meet and resolve any difficulties on their own time The group retired at 8:40 P.M Mr. Carroll said he assumed the Board does not want to take the time to discuss sidewalks this evening, bat he would like the Board to 1 ok at the budget books He said he has a total of $1+0,000 and he is going to do Concord Aven.:e from Station WCOP to W ltham Street He reported that this will be a very, very difficult side- Sidewalks walk to construct It will be on the Roue 2 side from WCOP to Blossom Street but he has not decided on the portion from Blossom Street to Waltham Street He ad-* Saida he would like to award the contract this year The Chairman said he understood that the construction was to start at Waltham Street and go as far as available funds would permit and he recalled a figure of $20,000. He asked if the Board hadn't agreed to go as far as Pleasant Street Mr. Cmtaldo replied in the negative and said he thought the entire length should be done . Mr . Sneldon sked if the e were sufficient funds avail- able in the budget, including carryovers, to do the entire length Mr . Carroll replied in the affirmative Mr. Carroll said the people on Dewey Road had been told a sidewalk would be constructed on that road He asked if the Board wanted to leave it that he would do Dewey Road, three or four betterment sidewalks, and Concord tivenue. The Chairman mentioned to Mr. Carroll that the resi- dent at 203 Concord Avenue spoke to him and he thought it might be prudent for Mr. Carroll to contact him Upon motion duly made and seconded, it was voted to construct the Dewey Road sidewalk, three or four better- ment sidewalks, and a sidewalk in Concord Avenue from radio station WCOP to Waltham Street Mr. Carroll presented a plan of Cary Acres, Section One, and referred particul^rly to Fairbanks Road and Tufts Road. He reported that when the sewer wa built in Tufts Ro , it came from Tufts Rona and was supposed to end at a point at the end of the subdivision, which he Sewer indicated on the plan. He explained that the developer extended the sewer, and he pointed out the route of the sewer along lot 119, which is not lot 319, and connected the houses on Fairbanks Road, Lot 358 and lot 357 to this sewer without the Town knowing anything about the connection # ' vised the Board this would cost, roughly, $30,000. 365 1 In addition to installing this sewer illegally, the developer was supposed to install a drain along lot 319 down the easer ment on the northerly side of lot 315. Ins`aad of doing that, he ran the drain In an angle so the Town does not have an easement for this drain He stated this all goes back to 1956 . Mr. Brown reported that both occupants purchased the properties in good faith and thought they were con- ne'-ted to the sewer, bort the Town has no easement for that sewer line Mr. Carroll said he has been trying to get Spinelli, the contractor, to dig up the sewer so he could inspect it He advised the owners of lots 357 and 358 that the sewer was not properly installed Mr. Carroll reported th t Mr. Stevens asked Carl Hebbard, 18 Fairbanks Ro a , to grant the Town this piece of easement at no expense to the Town. Mr. Ferguson 16 Fairbanks Road , is now having trouble with the sewer and as far as the Town is concerned, Mr. Carroll does not want to have anything to do with it He said he could either relay the sewer or construct a sewer in Fairbanks Road and assess betterments . He explained it was Mr. Stevens ' feeling that there is no reason why the Town would not assess a betterment against Mr. Ferguson However, he felt a betterment could not be assessed against Mr. Heboard because the sewer was brought up to the corner of his lot Mr. Brown said both these people purchased the property in good faith with sewer connections The Chairman said they acquired it from the developer. Mr. Brown said Mr Carroll thought the Board could get Mr. Spinelli to cooperate The Chairman said Town Counsel would be involved in this . It was agreed to have Mr Carroll contact Spinelli, the developer, andreport back to the Board. Mr. Brown said Mr. He bard would grant an easement if he can continue to use the sewer and if he will riot be charged a betterment on the Feirbanws Ro d sew( r Mr. Legro asked if the Board wes inclined to stipu- late that it will not make a betterment charge on I.1r Hebbard ' s lot for the sewer on Fairbanks Road The Chairman replied in the affirmative p Mr. Legro reported that he had reviewed the contract with the New England Traffic Signals Inc and the insurance certificate is inaccurate and there is no bond. Sinne * he recommended that the contract be signed , all copies to be held by him Upon motion duly made and seconded, it was voted to sign the contract between the Town and the New England the Board will not be meeting again until September 14, 366 x Cr Traffic Signals Inc . , subject to conditions being met by the contractor to the approval of Town Counsel 11 The Chairman said there are items on the agenda with a "C" beside them which ould, rather than be prat on the agenda, be assigned to the department involved Agenda The Board could then have a letter from the department involved He suggested th-t, in the future, the Execu- tive Assistant and Executive Clerk go over tnese letters involving other departments and refer them to the proper department It was also suggested th,t a memo of the communications so referred be noted at the end of the agenda. The Chairman read a letter from A. John Esserian, 107 Burlington Street, who owns six acres of land at the point where Grandview Avenue stops from its begin- Grandview ning on School Street, stating that he endorses Mr. Avenue Eriekson' s request to provide improvements on Grandview hvenue and to have it accepted as a town way under the Betterment Act The Chairman read a letter from John W. Porter, 465 Lowell Street, requesting deferment of a sidewdk betterment assessment, his property being used for agricultural purposes . Upon motion duly made and seconded, it was voted Deferment to extend the time for payment, under the provisions of of better- Chapter 159 of the Acts of 1950, the sidewalk betterment ment assessment levied agaihst property of John W. Porter in the amount of $243.05, without interest, until the land or any part thereof is built upon or sold or until the expiration of three years from the date hereof, whichever event occurs first . The Chairman read a letter from Gladys E. Rix, 12 Melrose Avenue, to which w s attached a signed peti- Melrose tion for the acceptance of Melrose Avenue . Avenue The Chairman said this would be considered in the 1965 budget The Chairman read a letter from James 0. P=ialcolm, 1 Hilltop l+v nue, requesting permission to dump fill from his lot which is being landscaped onto a lot owned Dumping fill by the Town and located on Kendall Road Mr Carroll reported thPt Mr. Malcolm came in to see him and he intended to look et the lot He said putting fill on the lot could cause a dust problem. It was agreed that Mr. Carroll would investigate and present his recom. end tion to the Board at its next meeting u ' “7 Notice was received from the County Commissioners pertaining to a hearing on loednesday, September 23, for Chapter 90 discussion of matters pertaining to public roads Mr. Carroll said he has recommendations in his mind and f6r Cha ter 90, he recommended extending Elssechusetts Avenue from Marrett Road to Lexington Center The Chairman asked if Mr. Carroll was prepared to attend the hearing, and he replied in the affirmative as long as the Board agrees The Chairman read a letter from David W Colman, 64 Asbury Street, recueeting a street light Street Mr . Carroll reported that he hascrdered the light. light Request from Mrs . Nelvin W. Tracey for a "Go Slow Children” si -n at each entre ce to the development known Traffic as the Grove, was referred to the Traffic Study Committee Letter was received from the School Committee, a copy of which was sent to each member of the Bo -rd, rela- tive to the acquisition of five adcitional school sites . Schools The Chairman said the School Sites Committee has met with Dr. Fobert 11Mr . Gray reported that there was a meeting and he thought there would be a joint release regarding that meeting Upon motion duly made and seconded, it was voted "Package to authorize the "Peckage Goods " Stores to remain open Goods" during polling hours on State Primaries Day, September 10, Stores 1964 Upon motion duly made and seconded, it we voted to grant the followi g uses of halls : Uses of Mystic Vuiley Mental Health ssin. Conference Room halls Temple Emunah Cary Hall Lex. Field & Garden Estabrook Hall Lex. Historical Society Estabrook Hall Mr Gray leed a letter from tne Lexington Historical Society, requesting that the old cannon, formerly lo- cated on the Common and now in the rear of the Public Cannon Works Building, be given to the Society. Upon motion duly made end seconded, it was voted to grant the request Upon motion duly made end seconded, it was voted to go into Executive Session for the purpose of dis- cussing, deliberating or voting on matters, which, if 3 8 made public, might adversely affect the public security, , the fin ncial inter- st of the Town, or the reputation of any person Following discussion with Mr Adams of a matter per- taining to the water department, it was voted to resume the open meeting. The rr eting adjourned at 9:55 P.M A true record, Attest /y cu ivCle k, Selec en 1\/ � v 1