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HomeMy WebLinkAbout1964-07-27-min 314 i\.°) C trr SELECTMEN'S MEETING July 27, 1964 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, July 27, 1964, at 7:30 P.M. Chairman Cole, Messrs. Brown, Burnell, Cataldo and Sheldon were pre- sent. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present . The School Committee, Dr. Fobert, Recreation Com- mittee, Mr. Bertini and Mr. Samuel P. Snow met with the Board to discuss Mr. Snow's proposed plan for the Center Playground area The Chairman said the Board had a plan ready to be shown and Mr. Gray presented the plan. Mr. Snow stated that this was the same scheme the Boards discussed two weeks ago. He said he had nothing Plan for further because Dr. Fobert got in touch with him and Center wanted to see the plan and discuss it before this meet- Playground ing He did show the plan to Dr. Fobert and Mr. Abell area last Wednesday morning and he thought they wanted to comment on it. He stated that this plan represents the consensus of all Town agencies, with the exception of the School Committee. Dr. Fobert said one thing they talked about - it is not a question of additional areas, but a question of putting these tennis courts next to the school because of the use they will receive, and to preserve this particu- lar track. Other than that, it is fine Mr. Snow said he understood from Dr. Fobert that he would like to have eliminated one playing field of foot- ball size and one full-sized baseball field and put in place of that twelve tennis courts, most of whihh were left off the plan for lack of room. Mr. Fenske said the tennis courts would be rela- tively permanent and so two fields would be lost Mr. Abell said he was stressing the individual programs and one is tennis. He said they re&lly need the twelve courts here as an ultimate plan He said it would mean the loss of a baseball diamond, but the ultimate would be to bring this diamond over across the way. He said they do not play any hard ball during the physical education classes and this would give him three diamonds over here He said he would like to eliminate 315 this one because of the track. Thele would still be four diamonds but it would be a mater of substituting a tennis court on hard ground He said they are de- veloping 300 players every year. Mr. Gray said this was discussed at the first meet- ing with the Board and he thought there was general agreement. When the other side of Worthen Road is de- veloped, it was agreed that then the tennis courts should go ' . there but not until the football field is moved. Mr. Abell said he would like to see in the ultimate plan the tennis courts He said he would like to have the tennis courts shown on the plan. Mr. Gray said this would present no problem. Mr. Viano said as long as it is agreed that this is the ultimate. Dr. Fobert suggested that a schedule be laid out in terms of doing these things. Mr. Gray said this is what the Board had in mind when it wanted all three groups to agree on a plan. Then the capital improvements can be scheduled. Mrs. Clarke asked if there was a plan for the other side She said that could not be developed until this is developed. Mr. Viano stated this is phase one and then they come to phase two Mr. Cataldo asked if the development across the street was going to be any good to the school Mr. Abell replied it can be used for after school athletics. Mr. Viano said this is phase one. Mr. Abell said they are going to use the track during the physical education period The track needs to be widened, but it is better to use what is available than to spend money and this is a $30,000 item The Chairman said he would bring up one more point and asked if there was complete agreement now that the hill should be left there. He said if the School Com- mittee says it stays, there is nothing anyone can do about it . The School Committee was in agreement that the knoll remain The Chairman asked if the various groups were in agreement on this plan, the School Committee agreeing that the tennis courts go over here in the ultimate plan Mr. Snow asked if the group wanted an ultimate plan and if so, the ballfield would be eliminated. Mr. Viano said it was eliminated on paper. The Chairman said there would be this plan plus the ultimate plan for this area. 116 77 Mr. Abell asked for a sketch on the other side indi- cating three baseball fields and a stadium. Mr. Carroll stated that would be going too far right now. Mr. Abell said the tennis courts depend on developing some area here Mr. Burnell said there should be at least a tentative sketch from Mr. Snow showing what will be required over across the street . Mr. Carroll said there is a great deal of work to be done and there is no sense in making a sketch until there is agreement Mr. Burnell said there should be tentative agreement. Unless it is done now, two or three years from now the Board will require this work across the street and it will be amazed that so much of the land will be used for athletic facilities. Mr. Carroll said Mr. Snow has that plan. Mr. Viano said this is of a permanent nature and there has to be a football field somewhere. He said he did not think it was necessary to go any further than the preliminary stages. Mr. Burnell said let 's agree on the preliminary plan. Mr. Viano explained that is what has been agreed upon. The Chairman said the sense is that this plan, plus a plan of the ultimate with a sketch on the other side based on a tentative agreement that there will be a football field there. Mr. Carroll said he thought they would get into the same problems as they encountered here. Mr. Viano said that plan is already available. The Chairman asked if this plan, plus the ultimate showing the tennis courts agreed upon. The School Committee expressed agreement Mr. Abell asked what would go across the street. He said he would like a football stadium and four diamonds all together. Dr. Fobert said he thought there was a 1960 drawing. Mr. Viano said this is an indication of the room over there. Mr. Snow stated it was worked out in great detail. Mr. Viano said that was a long-range plan, and he thought what they have now is enough and what is needed. When they get there, it is time to go into details. The Chairman asked where the 1960 plan was and Mr. Snow replied that there was a copy in the Planning Board office. The Recreation Committee expressed agreement Mr. Gray suggested sending the 1960 plan over to Dr. Fobert . I 31 The Chairman said as of this moment all present were in agreement that this is the plan . The group retired at 7:55 P.M. Mr. Robert Ericson, 46 Shade Street, met with the Board and submitted a plan of Grandview Avenue Mr. Ericson stated that in 1956 he purchased five lots of land on this so-called street. Three years later he purchased two more with the intention of build- ing on them. He indicated the area of the street which is paved and pointed out the houses on four lots and also pointed out the lots he owns. He said a year or two ago, he pat a bulldozer in and cleared an area which he also pointed out to the Board. He explained he tried to get water and sewer rights but was unsuccessful so he then started at the other end whe e there is sewer and water. He stated he had water rights to run water down to include his lots He went before the Board of Appeals for permission to bind on 105 and 106, the Building Inspector having re- fused to issue a permit because these lots do not front on a street as defined in the Lexington Zoning By-Law. The Board of Appeals denied his appeal and he then went to the Planning Board and was referred to Mr. Zaleski. In 1962 there was a house built on two lots, which he indicated on the plan, and said an occupancy permit was granted, just one lot away from his two lots. He said after the notice of the Board of Appeals ' hearing appeared in the paper, he tried to get water rights but the man to whom he went, refused to sign because he thought it would be unfriendly to his neighbors. He said none of the people are in favor of what he is trying to do. They don' t want any houses up there . He said, with reference to lots fronting on a street, that he has been building houses in Lexington for sixteen years and submitted pictures to the Board and asked if thosedots were different. He said he would like to put this on the 1965 Annual Town warrant if possible to help him out of this situation. The Chairman asked if he meant for street acceptance under the Betterment Act. Mr. Ericson replied in the affirmative and said there is no way for him to turn now. The Chairman explained the normal procedure in get- ting streets accepted is by the petitioner getting signa- tures. Mr. Ericson said he could get only one signature. The Chairman said actually what Mr. Ericson proposes would be the only answer and it seemed, in fairness to all concerned, that the members of the Board should view the area. Gig I Si -r- w. Mr. Carroll stated that the Board could lay out a street without a petition, for public convenience and necessity. Mr. Ericson said he owns seven lots, the Town owns two and other people own five Mr. Legro said the count is seven lots owned by Mr. Ericson, two owned by the Town and three by other individuals. The Chairman said the Board would take the matter under advisement and he would hear from it. Mr. Ericson retired at 8:10 P.M. (Further discussion on the subject was held in Executive Session later in the meeting. ) Mr. Carroll reported that he met with the abutters on Worthen Road, between Bedford Street and Massachusetts Avenue, regarding sharing the Edison cost for the under- ground work on Worthen Road. There was unanimous opinion among the abutters that they do not want to share in the Worthen Rd. cost . He said as far as he is concerned, the cause is Edison hopeless and the Town has to go ahead. facilities The Chairman said as of now the only possible way to proceed is overhead unless the Town pays the whole bill of $22,000 for underground work not including ex- cavation, backfilling and patching. He asked for Mr. Carroll's recommendation Mr. Carroll recommended overhead and said the pre- vious letter to the Boston Edison Company with reference to facilities here should be updated Mr. Carroll referred to bids taken on a loader and reported he received bids from eight different companies on nine machines, and had a demonstration on every machine except one. He recommended, taking everything into con- sideration, accepting the bid submitted by the Davis Tractor Company on a Nelson front-end loader in the amount of $15,977, including a snow bucket . He advised that the Front-end amount in his budget is $16,937. loader Mr. Sheldon asked what the estimated cost was, and Mr. Carroll replied $21,000. Upon motion duly made and seconded, it was unanimously voted to accept the bid of $15,937 submitted by the Davis Tractor Company for a Nelson front-end loader with a three yard bucket. Mr. Carroll mentioned the tractor-trailer combination, and said he looked at it with Mr. Brown and Mr Cataldo. The owner would like $8,000 but is willing to settle for $7,580, which Mr. Carroll said was a good buy for the Town. Mr. Sheldon asked what the unit would be worth new and Mr. Carroll replied $16,000. 3t9 Upon motion duly made and seconded, it was voted to authorize Mr. Carroll to purchase the tractor-trailer combination in an amount not to exceed $7,500. Letter from attorney Bernard A.Dwork with reference to a temporary injunction against Mary Monsignore relat- ing to a petition for damages for a taking by the Town Monsignore was read by the Chairman. Mr. Legro advised this case was dismissed in Janu- ary, 1963, and stated it is not necessary or advisable to reply. Letter from attorney Joseph Bramberg requesting partial release of betterment assessment against pro- perty of the Pine Meadows Golf Cluo was held over. Pine Mr. Legro reported that he has written Mr. Bramberg Meadows for information he requested last March and has not received. The Chairman read a letter from Mr. Irwin with further reference to an ordinance requiring all swimming pools to be fenced and suggesting appointment of a committee to restudy the subject. The Chairman recalled that a committee of three had Swimming been appointed, one of whom was Mr. Richards, and it was pools that committee's report that an ordinance could not be written. Mr. Legro said it was his recollection that there is no power requiring the Town to require a fence. Mr. Sheldon asked if it would take a special act of the Legislature, and Mr. Legro replied it might well. He said he would talk to Mr. Kelly, attorney for the Town of Bedford, where Mr. Irwin said there is such an ordinance. The Chairman read a letter from the Planning Board with reference to an exchange of land with John W. Castoldi, Inc. , in the area of the Willards Woods Castoldi Mr. Legro said he has had some correspondence from exchange Mr. Zaleski, Planning Director, and their intention is of land an even exchange of land. Mr. Carroll said he would like to ask the Planning Board who is going to make up the plan. Mr. Cataldo asked if the Town should make an even exchange Mr. Legro replied that in answer to a question he raised, he said the only question is equal values. Mr. Cataldo said it would appdar to him that the Town would be giving too much, and that Mr. Castoldi would be acquiring another lot 11 320 0, Mr. Carroll said he did not think that was important, Castoldi that the Town would be getting a subdivision that makes exchange sense, and there is a piece of land that is relatively of land worthless to the Town. He also stated that obviously Mr. Castoldi will benefit from this The Chairman asked Mr. Carroll to look at the land involved and retort at the next meeting. Request was received from Isaac Blair & Co , Inc . for permit to move a building from 16 Bowman Street to 17 Lawrence Lane. Mr. Carroll reported this concern moved a house from Permit Massachusetts Avenue to Stimson Road and damaged the guard rail at the intersection of Wood Street and Massachu- setts Avenue He recommended that no further permits be issued until the damage has been repaired It was agreed to advise Isaac Blair & Co. , Inc.that no further permits to move buildings will be issued until the damage to the guard rail is repaired to the satis- faction of Mr. Carroll. Letter was received from Mr. Harold E. Stevens in which he enclosed a letter from Mr. Murray Herscott, Herscott 12 Rumford Road, petitioning for the recision of the dog restraint orders against his dog, "Blaze", issued on November 18, 1963 and May 4, 1964. Upon motion duly made and seconded, it was voted to hold a hearing on Mr. Herscottts petition on Monday, August 10, 1964 at 8:30 P.M. , providing the Dog Officer will not be on vacation . Father Fitzpatrick' s request for a transfer from Transfer the Bridge Fund was held over, and the Chairman agreed to contact Mr. Morey, Chairman of the Trustees of Public Trusts. Miss Edna Sanford's request for a transfer from the Bridge Fund was held over, and the Chairman agreed to contact Mr. Morey, Chairman of the Trustees of Public Trusts. The Chairman read a letter fromMr. James Hayden, 33 Homestead Street, requesting the Town to clean up the lot adjacent to his property which he cikimed was owned by the Town Mr. Carroll said there might be an easement through this parcel and said numerous requests like this are Complaint received. He said he could have it picked up but it could involve trouble if the Town starts to landscape it. He said he would find out more information and report to the Board at its next meeting. 32 110 II Upon motion duly made and ,seconded, it was voted to appoint the following individuals as Election Officers for a term expiring September 1, 1965, all having been approved by Mr. Carroll, Clerk to the Board of Registrars: ELECTION OFFICERS 196k - 1965 R Ilda J. Field R Agnes Heimlich 30 Chase Avenue 796 Massachusetts Avenue #D Helen M. Perry R Marjorie E. Wirpio 16 Ellison Road 22 Bartlett Avenue D Michael Lovezzola R Alice G1 Marshall 2L2 Waltham Street 9 Independence Avenue R Mary E. Clifford R Helen L. Ignico 54 Chase Avenue 18 Outlook Drive D John McDonough R Sally S. Hooper 54 Woburn Street 282 Bedford Street D Randall W. Richards R Edna R. Anderson 67 Farmcrest Avenue 21 Leonard Road D Mary G. Oliver D Eileen J. Fradette 610 Waltham Street 35 Grapevine Avenue D Elizabeth F. Downey D Joseph 0. Rooney 1 Stimson Avenue 51 Grant Street D Henry P. Meade ' R Helen M. Haopton 50 Percy Road 20 Bartlett Avenue R Nellie I. Batstone D Mary J. Ferry 49 Bartlett Avenue 50 Downing Road R Ida B. Fiske D Ann L. Ford 10 Spencer Street 1989 Massachusetts Avenue R Florence M. Boone D Mary A. Spellman 112 Bedford Street 24 Shirley Street D Marjorie Modoono R Mary G. McCauley 285 Woburn Street 75 Spring Street * Replacing Edna F. Marshall * Replacing Hazel G. Nickerson 110 Woburn Street 19 Hillcrest Ave. )92 Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen 's Meeting held on July 13, 1964. Upon motion duly made and seconded, it was voted to grant permission to the Lexington Historical Society Use of hall to use Estabrook Hall on November 10, 1964, from 7:30 P.M. until 10:30 P.M. free of charge, subject to a fee of $3.46 an hour for janitor's overtime services Upon motion duly made and seconded, it was voted to grant Taxi Driver Licenses to the following indi- Taxi viduals : Cha±les L. Wilcox, 4 Pleasant Street; Rolfe H. Drivers Bryant, 3 Tenny Circle, Nashua, N.H. ; David H. MacRae, 42 Great Road, Bedford, and James Marchese, 1 Barbara, Circle, Burlington. Upon motion duly made and seconded, it was voted Water to sign an order for the construction of a water main in Order Waltham Street from end of existing 6" main 735' south- erly to near the Lexington-Waltham line . Upon motion duly made and seconded, it was voted ebv►nt to sign an order for the construction of a sewer main Order in Fairbanks Road from Shade Street 1660 feet northeast and southeast to existing sewer. Mr. Alfred Busa, 38 Circle Road, met with the Board. Mr. Busa said he moved on Circle Road six years ago this October and at that time, he did not have the majority of the road and asked to have the road put in under the Betterment Act. He said he agreed to purchase Circle all the land possible to purchase from private parties Road and the rest of the land from the Town of Lexington that was taken for taxes. He said a year later the Board agreed to sell the land and he would finish the road to the Town 's specifications. Then the Planning Board wanted Circle Road to tie in with Lillian Road. He said he ran into a problem with the drainage and planned to drain inbo the Great Meadows but the Town of Arlington refused per- mission. He explained he is planning to take it out of a water shed and dump it into another water shed on Lillian Road. He said when his father sent this to the Town Engineer, he felt it would not be wise to do this because the drains on Lillian Road could not take the water from Circle Road. He said he anticipated 1100 feet of drainage to drain only some 800 feet of develop- ment. He said if his father does not develop this as a subdivision, the Town will eventually have to do something, c and finish Circle Road under the Betterment Act . He said he would like permis,,ion to dump into Anthony Road If the Town agrees to share part of this drainage or enlarge uhe drains on Lillian Road, then his father could go ahead. He said the Town would run into the same situation on the other end of Albemarle Avenue. He said he wanted to know if the Town would consider this sharing this cost and he would finish Circle Road right to the brook. Mr. Carroll traced what Mr. Busa proposed on a plan and explained that Mr. Busa' s question is who is going to pay for this drain work Mr. Sheldon asked how much money would be involved and Mr. Carroll replied between $7,000 and $10,000. Mr. Sheldon asked what benefit the Town would receive and Mr. Carroll replied that Circle Road would be constructed. Mr. Cataldo asked if the Town could take an easement into a body of water to drain the Great 10 adows Mr. Carroll said a study has been made of the area to determine the capacity and size of the drain from Anthony Road to a culvert on Circle Road. He said it was suggested that they eliminate part of Circle Road and dump into Great Meadows, but he still does not know if the drain has the capacity. He said the only alterna- tive solution is to drain to the Great Meadow He said the Town could get by with one easement going out to the Great Meadow without having any connection to Lillian Road Mr. Sheldon asked what rights the Town of Lexington has against the Town of Arlington. Mr. Legro advised the Board that if it is considering taking land in which the Town of Arlington has wafer rights, he would like to give it some thought Mr. Cataldo reported that Mr. John Bullock thought the Town had the right to take an easement. Mr. Legro said if theBoard is seriously consider- ing such a thing, he would look into it . The Chairman asked if the Town had the right to share the expense. Mr. Carroll replied that the Town has a right to construct a drain in Lillian Road. He said the best solution is to dump into the Great Meadows. Mr. Legro agreed to explore this possibility and suggested that the Board consider the damages if this were done without permission from the Town of Arlington. Mr. Carroll said there is a great deal of surface drainage being dumped in the reservoir now by the Towns of Arlington, Lexington and by private owners. 0324 a, The Chairman asked if the Town of Arlington had been approached. Mr. Busa replied that it was turned down by an Arlington Town Meeting. Mr. Cataldo said this water is going to end up in the reservoir anyway. Mr. Carroll sgggested that some member of the Board contact the Town of Arlington and settle this in a personal way. The Chairman suggested that Mr. Gray contact the Town of Arlington. Mr. Carroll said if the Town of Lexington makes a taking and the Board of Selectmen of Arlington agree to settle, and they have the right to do it, there is no problem. Mr. Legro pointed out that the Board still has to get by the question of whether it has the right. The Chairman suggested that before Mr. Gray contacts the Town Manager in Arlington that he discuss this further with Mr. Legro. Mr. Busa retired at 9:15 P.M. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating, or voting on matters which, if made public, might adversely affect the public security, the financial Executive interest of the Town, or the reputation of any person. Session Following discussion of various claims with Town Counsel, possible item for Town Meeting, eminent domain proceedings, Civil Rights Act, and Town Counsel's work, it was voted to resume the open meeting. The Chairman read a letter from Arthur J. Brock, Secretary of the Lexington Housing Authority, asking Meeting the Board to attend a joint meeting of the Authority, the School Committee and the Selectmen on Thursday, July 30 The Chairman read a letter from Chief Rycroft rela- tive to appointment of a policewoman for School Traffic Duty. Upon motion duly made and seconded, it was voted to appoint Mrs. Warren Devenney, 197 Bedford Street, Police Traffic Woman, effective September 10, 1964, to replace Mrs. Eleanor Casey who declined appointment. The Chairman read a letter from Mr. James J. Carroll, Town Treasurer, listing bids received for a $1,000,000 Borrowing borrowing in anticipation of Taxes. Upon motion duly made and seconded, it was voted to approve the bid of the New England Merchants National Bank of Boston in the amount of 1.60% discounted. 325 The Chairman read a letter from Henning W. Swenson, 210 Marrett Road, asking for another deferment of payment of the water betterment assessment levied on his property Betterment located on Allen Street . deferred Upon motion duly made and seconded, it was voted, under the provisions of Chapter 159 of the Acts of 1950, to again extend the time for payment of $1,066.50 water betterment assessment levied against property owned by Henning W. Swenson and located on Allen Street, without interest, until said land or any part thereof is built upon, sold or until the expiration of three years from the date hereof, whichever event occurs first, provided, however, that this extension of time shall terminate immediately if the facilities of the water main are used for said land or any part thereof. The Chairman referred to the appointment of a so-called Study Committee in relation to a Human Relations Committee as discussed by the Board at its last meeting. He stated Civil that he had presented to him a copy of the Civil Rights Rights Act of this year and said his attention had been called to Title 10, Section 101, which he proceeded to read. He daid the only question, in thinking of the need for a Human Relations Committee, is how much of a duplication there is going to be. Mr. Brown asked if a Director had been appointed. The Chairman replied in the affirmative and said he understood that in the near future this would be functioning. He suggested that perhaps he should contact Mr. Robert Kent again as possibly he is not familiar with this Act. He said this may be something that the local officials can call upon. Mr. Sheldon said he felt the Board should wait until it understood the full implications of the Act, what the Board' s part is. Mr. Cataldo said the Board should contact that ser- vice and see what the structure is going to be . The Chairman said in the meantime he had some letters and he thought the Board did agree that Robert Kent should be considered for appointment to the Study Committee if and when it is appointed. The Chairman read a letter from Rev. Floyd Taylor expressing interest in serving on the Study Committee. He said hs;would propose Floyd Taylor as a Clergyman for the Committee. The Chairman also read a letter from the League of Women Voters submitting the name of Mrs. Wesley A. Clark, 49 Peacock Farm Road, to be considered for appointment to the tt\n Study Committee He said he would propose Floyd The Chairman suggested that the Board honor the League also and stated that no much success had been met in obtaining someone from the Chamber of Commerce. He said real estate would be another one if this is the area the Board is going to consider. Mr. Cataldo asked if the Chairman was considering appointing a com_dittee. The Chairman replied in the negative and said the Board should recognize these names and prior to appointment of a study committee, it should follow through on this Civil Rights Act. Mr. Gray suggested that a letter to Congressman Morse requesting a copy of HR 7152 might expedite this. A Mr. Reiner, present at the meeting, expressed the opinion that this Civil Rights Act would not take the place of a local group, but did bhink asking Representative Morse for information was good. It was agreed to hold in abeyance the appointment of a study committee. Mr. Cataldo recommended that rather than look for members to serve on the study committee from a given group that the Board should place more emphasis on the indivi- dual, a qualified person regardless of his vocation. Mr. Gray reported that some time ago, Mr. Everett Cram, 30 Volunteer Way, wrote about the purchase of lot60. He explained that the Planning Board is in favor of sell- ing it to Mr. Cram who owns the abutting property. Tax title Upon motion duly made and seconded, it was voted that a proposal to sell lot 00 Volunteer Way be adver- tised in the Lexington Minute-man and that further con- sideration be given the offer at the next meeting of the Board. The meeting adjourned at 10:50 P.M. A true record, Attest : y v le r, Selector V