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HomeMy WebLinkAbout1964-04-27-min 1N «. ! SELECTMEN'S MEETING April 27, 1964 A regular meeting of the Board of Selectmen was held in the Selectmen 's Room, Town Office Building, on Monday, April 27, 1964, at 7 :30 P.M. Chairman Cole, Messrs . Brown, Burnell, Cataldo and Sheldon were present. Mr. Gray, Executive Assistant, Mr.Carroll, Superintendent of Public Works, and Miss Murray, Execu- tive Clerk, were also present. Mr. Legro, Town Counsel, arrived at 8 :00 P.M. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate one pole on Skyview Road. Mr. Jones, representing the Boston Edison Company, and Mr. Dunn, representing the New England Telephone and Telegraph Company, were the only persons present at the hearing. Notice of the hearing was mailed to the petitioners, owners of the property as listed on the petitioners ' plans, and also filed with the Superintendent of Public Works . Pole Mr. Jones explained that the proposed location location is to hold a line pole so it won't tip towards the pro- perty. Mr. Carroll reported that Mr. Higgins had looked at the location and could see nothing wrong. The hearing was declared closed. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the following 3/o pole location: Skyview Road, southerly side, approximately 278 feet west of Wright Street, -- One (1) pole . Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate one pole on Woburn Street. Mr. Jones, representing the Boston Edison Company, Pole and Mr. Dunn, representing the New England Telephone Company, location were the only persons present at the hearing. Notice of the hearing was mailed to the petitioners, pwners of the property as listed on the petitioners' plans, and also filed with the Superintendent of Public Works. Mr. Jones explained that the company is relocating pole 12/57 to clear the entrance to a new street and the pole will be relocated twenty feet . Mr. Carroll had no objection to the proposed location. The hearing was declared closed. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the following j/0 pole location: Woburn Street, southerly side, approximately 340 feet west of Lowell Street, -- One (1) pole . (One existing JO pole to be removed. ) Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate three poles on Asbury Street . Notice of the hearing was mailed to the petitioners, owners of the property as listed on the petitioners ' plans, and also filed with the Superintendent of Public Works. Mr. Dunn, representing the New England Telephone Pole and Telegraph Company, and Mr. Jones, representing that location Boston Edison Company, were the only persons present at the hearing. Mr. Jones explained that they are relocating one pole fifty-two feet back from the lot line and setting two new poles to provide service without wire crossings . Mr. Carroll had no objection. The hearing was declared closed. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the follow- ing j/o pole location: Asbury Street, southwesterly side, southeasterly from a point approximately 122 feet southeast of Freemont Street, -- Three (3) poles . (One existing JO pole and guy wire and anchor to be removed. ) Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate one pole on School Street. Pole Notice of the hearing was mailed to the petitioners, location owners of the property as listed on the petitionersts plans, and also filed with the Superintendent of Public Works. i1 $l! C s k+l 1 Mr. Dunn, representing the New England Telephone and Telegraph Company, and Mr. Jones, representing the Boston Edison Company, were the only persons present at the hearing. Mr. Jones explained that there is a pole at the corner of Eastern Avenue and School Street. In order to clear the entrance to this street, it is proposed to cross School Street so the end of Eastern Avenue will be clear of any poles . Mr. Dunn stated that originally the petition had been for a guy but the a utters objected. Now no guy will be necessary Mr. Carroll had no objection. The hearing was declared closed. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the following j/o pole location: School Street, westerly side, opposite Eastern Avenue, -- One (1) pole. (One existing JO pole to be removed. ) Mr . Dunn and Mr. Jones retired. Upon motion duly made and seconded, it was voted to grant petition of the Boston Edison Company for Pole permission to locate one pole on the southeasterly side location of Locust Avenue, approximately 69 feet southwest of Massachusetts Avenue, the proposed location having been approved by Mr. Carroll. Letter was received from Mr. Salvatore Ferraguto, 145 Laconia Street, inquiring about acceptance of the Street street and the procedure to be followed. acceptance Mr. Carroll agreed to draft a reply for the Chair- man' s signature . The Chairman read a letter fromMr. Burton Harrison, 29 North Street, asking if the Town would be interested in purchasing a portion of his land on North Street Harrison bordering Willard's Woods. land - The Chairman suggested referring the communication North St . to the Conservation Commission, and Mr. Burnell said it should also be referred to the Planning Board. Mr. Cataldo suggested, and the Board agreed, that the Board should look at the parcel of land before the subject is referred to any Board. Upon motion duly made and seconded, it was voted Civil to advise the Division of Civil Service that the Board Service will not make any appointments at this time from Re- List quisition List Number C64-5300. X81 Letter was received from Representative F. Bradford Morse, stating that the Architect of the Capital advised him there is no legal restriction on the display df the American flag twenty-four hours a day. It has been customary to display the flag only from sunrise to sun- set, but a growing number of communities have extended these hours. The Chairman said he would write a more explicit letter. Mb. Cataldo reported that he had talked with Mr. Paul Lloyd in regard to the 2.4-H Volunteers ' Horse Club show. Mr. Llo10 has an appointment with the Vice President of Cabot, Cabot & Forbes to discuss the possi- bility of using their land for the show. Upon motion duly made and seconded, it was voted to grant _permission to theH Volunteers' Horse Club show. on ; 1 7i: 1964Itegl,nxdrigr- g-04.-00 ,,M. 'op mo- Pert,' owned bya a, WshJoha 140044 a d Isolated on. $asti- Horse 6ttbeb, Or o nproporty_ownedcby Cabot, Cabot & Forbes Show locatdd nn Hartwell Avenue . Letter was received from Mr. James F. Fenske re- signing from the TownCelebrations Committee. Upon motion duly made and seconded, it was voted Appointmen to appoint Mr. Maurice D. Healy a member of the Town Celebrations Committee for an unexpired term ending April 30, 1965 to fill the vacancy caused by Mr. Fenske 's resignation. Upon motion duly made and seconded, it was voted to appoint Mrs. Marilyn L. Hall, 60 Ledgelawn Avenue, to the Town Celebrations Committee for a three-year Appoihtmenl term expiring April 30, 196$. Mrs . Hall will replace Mrs. Shirley D. Bayle. The Chairman reported that he and Mr. Cataldo sent a letter to the Package Goods Stores requesting them to close on Tiesday, Presidential Primary Day. Mr. Cataldoreported that Mr. Connors called him as a result of a call from Trani & Licciardi, and stated Package that they were questioning the closing, the first in ten Goods years . Stores Mr. Cataldo said he would not reverse his decision. Mr. Burnell said if the Board has a policy for closing on one election day, it should apply to all elections, but personally, he would be in favor of con- sidering these as just another commodity I r Upon motion duly made and seconded, it was voted not to authcrize the Package Goods Stores to remain open during polling hours on Presidential Primary Day, Tuesday, April 28, 1964. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen's Meeting held on April 22, 1964. The Chairman read a lett:r from the Chamber of Commerce requesting the Board to place an article in the warrant for the June Town Meeting to have the paving of the Mariam Street parking lot extended. Parking Mr. Sheldon inquired about the amount of money area involved, and Mr . Carroll said it would be approximately $20,000 without the access. This figure includes the the construction but not the land acquisition. He said if the Board decides to put an article in the warrant, this as an individual project will cost more than if it were included in the street contract. Mr. Cataldo questioned if there was sufficient time before the Special Town Meeting to act on this, and would hold up the present program if it was to be included with the contract for constructing streets accepted this year err' +o p it and to put it out on contract as an individual project would be expensive and there would be a limited number of bidders. The Chairman said just prior to the Annual Town Meeting the way finances stood this year, this was one of the things the Board felt could be postponed. Mr. Sheldon suggested that the Board find out if the access is necessary and if the plan is one the Board wants to adopt . Mr. Brown stated that the access is necessary and he did not think the Board should do anything untilthe Town has the access which he thought would affect land values . The Chairman said he would advise the Chamber of Commerce that the Board of Selectmen feels the access is necessary along with the paving and had agreed to consider it at the next Annual Town Meeting. Mr. Burnell said the Board should start to move on the basic things here. The Chairman said this is an area in which Mr. Gray could act. Mr. Gray said, basically, the Board would have to start with the Public Works . Mr. Carroll advised the Board that he has a plan. The Chairman asked Mr Gray to look at the plan and tell the Board about it next week. 1 Q4 The Chairman read a letter from M. G. Dearborn re- questing the Board to insert an article in the warrant for the Special Town Meeting to extend the sewer in Worthen Road to serve Grace Chapel Sewer Mr. Carroll advised that this involves $18,000. Mr. Sheldon asked if this extension would be as far as Mr. Carroll would want to go for the time being Mr. Carroll stated that the rest of the way will cost $25,000, and explained this is an odd situation because Grace Chapel is the only building on the road at the present time, and there is nothing there to be served Mr. Sheldon asked about the difference in cost if the sewer is constructed piecemeal or all at one time. Mr. Carroll replied it is more economical to do it all at once. Mr. Cataldo pointed out that regardless, there would only be one house that could be serviced by this extension beyond Grace Chapel, and Mr. Carroll agreed. Mr. Brown mentioned that there is something being considered for the land in the area and possibly the Board should give some thought to extending the sewer. Mr. Legro pointed out that there is land on Worthen Road that cannot be assessed. Mr. Carroll explained that Grace Chapel is trying to avoid building a septic tank and a leaching field, and said this is an expensive sewer for a small number of betterments. He said on the basis of the first group of streets, it looks as if there might be money left over at the end of the year, at which time possibly something could be done for these people Mr. Brown pointed out that if the church is refused now, the Board might be approached later for the Seth land and be in a position where it would have to construct the sewer . He said he understood the apartment question was coming up again. Mr. Cataldo said, in view of the fact the church has requested the sewer, he thought the Board should conisder including an article in the warrant and see whether or not the Town Meeting Members will vote it Upon motion duly made and seconded, it was voted to insert an article in the warrant for the construction of a sewer in Worthen Road Mr. Carroll pointed out that a formal petition should be sent out for abutters ' signatures. The Chairman recommended that Mr.Carroll follow the regular procedure. Mr. Legro said he would like to discuss the articles for the June Town Meeting now or at a special session of the Board. 184 f Mr. Gray was requested to obtain all pertinent in- formation on each article to assist Mr. Legro in draing them Mr. Snow and the Recreation Committee met with the Board . Mr. Snow presented a plan stating that he was given a set of plans last fall which he understood the Re- creation Committee and School Committee had agreed would be the plans for the playground. He said he discussed this plan with the Board of Selectmen on December 23 and thought he was given at that time approval to go ahead with a particular scheme, which he did. Mr. Snow explained three possible schemes for de- velopment of the so-called Worthen Road recreation area. The Chairman said what the Board wants is something that will be acceptable to everyone. Mr. Brown suggested that any future meetings with Mr. Snow be held with the Recreation Committee, the School Committee and one member from the Board of Selectmen. The Chairman asked that two members from the Recre- ation Committee, two members of the School Committee, Mr . Gray, representing the Board of Selectmen, and Mr. Carroll met with Mr. Snow for an initial meeting, after which Mr. Snow could go to work Mr. Kelly said his committee could meet within two weeks . Mr. Cataldo said before the committee meets, the Selectmen should know what is going to happen to that piece of land, and Mr. Kelly stated it is under the jurisdiction of the School Committee. Mr. Snow said he could have the plan ready in two weeks after he receives a decision. Mr. Gray was requested to assume the responsibility of getting the group together. Mr. Kelly said the committee has a Little League Diamond it wants to cut in without waiting for any plans. They want to cut it in on the grassed-in filled in area next to Worthen Road which will take the Little League Diamond away from the tennis courts. He said they would like to put in a backstop even if it has to be taken down in five years, and if the Selectmen will go along with this, Mr. Carroll can start the work. Mr. Burnell asked what influence this would exercise over Mr. Kelly's judgment of the plan. Mr. Kelly replied that he was sure it would be mis- placed and he did not see why it should influence his judgment. He said he could not visualize this as being 185 very significant as far as money is concerned, and would be glad to wait until the very last moment of the deadline theopinion of Mr. Carroll and Mr. Mazerall,in the Y can still meet the deadline of June 1. He asked if Mr. Carroll could go ahead if the overall plan is not ready for the deadline. Mr. Carroll said if a field is placed in the area near Worthen Road , people will want a fence put up which everyone agrees is needed, but he could not put up a fence until the locations of the openings have been determined. He stated that if the Little League Field a rushed, the fence will have to be rushed . Mr. Kelly agreed that a fence would be necessary and suggested twat snow fence would be sufficient for a year and by that time, they would know where to put a permanent fence. Mr. Carroll said he did not think snow fence was very satisfactory; it won't last long, and the fence will be gone . It was agreed to set a two-week deadline, at which tiie a plan satisfactory to all concerned would be com- pleted. Mr. Snow and the Recreation ammittee retired at 9:13 P.M. Mr. Gray reported briefly on the Busa property. Mr. Legro said he knew what Mr. Busa talkkd about before, Section 8 of his subdivision won't be approved by the Planning Board until there is adequate drainage provided, involving draining into the G-eat Meadows. The Planning Board and he told Mr. Busa it was up to him to arrange for the acquisition of flowage rights from the Town of Arlington. Mr. Legro said he looked into the Great Meadows ' file and the title is a confusing proposition. He could see very little hope unless Arlington gives Mr. Busa flowage rights . He advised that the land could not be taken by eminent domain. It is located in the Town of Lexington but it is held by Arlington for a public purpose. He stated that, according to the file, Arlington gets water into its system through a pipe and therefore keeps the rights open. He said possibly Lex- ington could acquire it from Arlingtmn with their ac- quiescence and an Act of Legislature. Mr. Cataldo asked what the Bo: rd of Selectmen would do if four or five more houses were built and they peti- tioned for acceptance of the street . 1 86 a� r. �wr Mr. Legro replied he presumed the Board would try and arrange with Arlington, and if unsuccessful, go in for legislative authority. He explained that there is very clear indication in the file that some of this land is held under outright grant and some of it is held under implied trust whereby the land will revert to the grantors or their heirs if the use is abandoned or changed. The Chairman told Mr. Legro that Mr. Busa had been denied by the Town of Arlington and asked if he still felt this was Mr. Busa's problem. Mr. Legro replied in the affirmative. The Chairman said if houses are built and the people petition for acceptance, it then becomes the Board 's problem. Mr. Legro said if the Board 'wants to put drainage in the street that is to be accepted, it would then be the Town's problem. Mr. Carroll said this is the only way to take care of the situation, and he thought it would be of benefit to the Town of Lexington. He suggested that Lexington ask Arl- ington if it will give drainage rights to the Town. Mr. Cataldo said there would be no problem if this had not already been presented to the Town of Arlington. Mr. Legro asked if this drainage involves the part of Circle Road where the tax title lots are so that it would be unfortunate to sell those tax title lots. Mr. Carroll said it would be unfortunate if the Town was going to build the streets and drainage. It was agreed that when the meeting with the Super- intendent of Public Works and Town Manager of Arlington relative to the drainage situation on Rindge Avenue is held, that this subject be discussed at the same time. Mr. Jules Sussman, Chairman, Mr. Ripley and Mr. Ells of the Conservation Commission, met with the Board. Mr. Ells presented the following proposed articles the Commission wants inserted in the warrant for the June Town Meeting : 1. To see if the Town will authorize the Conser- vation Commission to secure from the United States Department of Agriculture, Soil Conser- vation Service, a detailed soil survey and natural resources inventory for the Town of Lexington, including an interpretive report, and to see if the Town will vote to raise and appropriate and transfer from available funds a sum of money for such purpose; or act in any other mapner in relation thereto. I 187 2. To see if the Town will vote to establish a Conservation Fund as authorized by law and ap- propriate a sum of money thereto. (Statutory reference : G.L. Chap. 40, 5 (51) authorizes towns to appropriate funds "For the purpose of establishing and maintaining a conservation commission to promote the development and petter- utilization of our natural resources, as author- ized by Sec. Eight C (of Ch.40), a sum of money not exceeding in any one year one-twentiety (1/20) of one percent (1%) of the assessed valuation of the preceding year, but in no event more than fifteen thousand dollars 015,000) the whole or any part of money so appropriated in any year may be placed in a conservation fund and allowed to accumulate from year to year Money may be expended from said fund for any purposes, includ- ing the purchase of land, authorized by said Sec. 8C. " The above section has been amended toremove the ceiling on annual appropriations, but the amendment will not become effective until June 26, 1964. 3. To see if the Town will authorize the Conservation Commission to contract, in the name of the Town and with the approval of the Board of Selectmen, with any agency or the United States Government in order to obtain financial assistance for the purchase of open space land, and to receive and expend Federal and other funds . Followingante x xplaiation of the proposed articles and discussion with the Board, the Conservation Commission retired at 9 :55 P.M. Upon motion duly made and seconded, it was unanimously voted to insert the Commission's proposed article three in Article the warrant . Upon motion duly made and seconded, it was voted to insert the Commission's proposed article two in the Article warrant ; three membcrs of the Board voting in favor and two opposed. Upon motion duly made and seconded, it was voted not to insertCommission'sArticle the proposed article one in the warrant; three members of the Board voting in oppo- sition and two in favor. I. 88 t. Crl Mr. Gray read a letter from the Executive Health Officer in regard to a Glaucoma Clinic to be held by Adddresso- the Board of Health. graph Upon motion duly made and seconded, it was voted system to authorize the Board of Health to use the Water De- partment 's addressograph system. Ilkutmalt Marshall and Fireman Walton met with the Board. The Chairman reported that William Madden, attorney, came in to see him today and advised that he had been asked by the firemen to draw up a petition tp put an article in the warrant asking for equal pay. He said this would be a citizens ' article . He said that he and Mr. Cataldo talked with Mr. Madden and later he re- ceived a call from Lieutenant Marshall. Lieutenant Marshall said he has already seen the Fire Commissioners and obtained permission to meet with the Selectmen. He stated that the members of the Fire Department feel a grave injustice has been done and they hope to gain the support of the Commissioners and the Selectmen to put an article in the warrant to rectify the disparity in the police and fire salaries. Mr. Cataldo asked if Captain Marshall was repre- senting the entire department. Marshall replied that he was speaking for thirty- eight or thirty-nine men. The total number is 42, includ- ing the Chief and Deputy Chief, and the Deputy Chief is supporting them. The Chief has given his verbal approval. Mr. Sheldon asked if Lieutenant Marshall was a member of the so-called Union. Lieutenant Marshall,replied that they were presenting this as members of the Fire Department and citizens of the Town. Mr. Cataldo asked about the Commissioners ' feelings. Lieutenant Marshall stated that they are meeting this evening and he had to get permission to leave two men there and have two men meet with the Selectmen. Mr. Cataldo asked if Mr. William Madden was repre- senting the firemen. Mr. Marshall replied that Mr. Madden is representing them only to seek the proper procedure to bring this article before the Town Meeting. Mr. Marshall read aletter which he said was dated January 20, 1964, addressed to the Fire Commissioners. The Chairman said he understood that the firemen were gLing to have a citizens ' petition to have this article in the warrant . Lieutenant Marshall said it was his understanding that they would have to have 100 signatures S9 Lieutenant Marshall replied that they do not have the article yet and if they can legally put it on, they hope to do so. He said when the proposal is drafted, they will try and get the signatures. The Chairman advised that May 4 at 4:00 in the afternoon is the deadline for submitting articles, and stated that the Board would consider the matter and let Lieutenant Marshall know. Liettenant Marshall and Fireman Walton retired at 10:15 P.M. Mr. Sheldon suggested that the Board take no action at this time and invite the Fire Commissioners to meet with the Board next Monday. Upon motion duly made and seconded, it was voted to advise Lieutenant Marshall that the Board has no desire to enter an article for them and also to advise them that they have their usual rights as citizens that will permit them to insert an article. The Chairman read the following names for consideration as appointment to the Board of Fire Commissioners : William Cataldo, Joseph 0. Rooney, Alden F. Stucke, Richard Kimball, Fred C. Bailey, Haskell Reed and Paul Yewell. Fire Upon motion duly made and seconded, it was voted Commies- to appoint Fred Coolidge Bailey, Coolidge Avenue, to ioner the Board of Fire Commissioners for a three-year term expiring May 1, 1967. Appointment of a member to the Route 3 Study Com- mittee was held over. Upon motion duly made and seconded, it was voted to appoint the following individuals Special Police Officers for theterms expiring March 31, 1965: SPECIAL POLICE OFFICERS March 31, 1964 - - March 31, 1965 Lincoln P. Cole, Jr. Selectmen Robert Cataldo Otis S. Brown, Jr. Levi G. Burnell George C. Sheldon Albert Gray, Jr. Ekiedtive Assistant Bernard J. Belcastro Chief, Fire Department John J Carroll Superintendent, Public Works Dept. Paul Mazerall Superintendent, Park Department Thomas Bentley Custodian, Town Offices 1[90 ik, �Crq SPECIAL POLICE OFFICERS (CONT 'D. ) II George Doughty, Jr. School Department Thomas F. Ryan " " Thomas Sullivan n n William P. Casey " to Clyde L. Hayne " " Duncan F. Swan " " Oscar Heimlich " n Edward P. Stevens " " John Blodgett tt If Nicholas J. Delfino " " RalphRP: Braun n n Herman A. Mahon " " Joseph Bluteau " " Raymond Stevens " " Karl E. Nyren Cary Memorial Library, Director William F. Buckley " " " , Asatt.Dir. Edward T. McDonnell " " " , Janitor Robert E. Ames n n n Frank Langone " " It Philip Nyren n n n Robert F. Ingram Middlesex County Sanatorium I Mario DiNallo " " " Edward Sorli " " It Anthony Zarella " " " Bernard J. Link " ft " Lawrence Kclbrook, Jr. " " " Lt. Charles E. Benedict Itek Corporation Massachusetts Institute of Technology Joseph E. Ewers Arthur Goodfellow John A. Carroll Howard D. Ryder Robert J. Vinsec William L. Spiers, Jr. Bertram H. Adams, Jr. Edward T. Gallagher John E. Barnes Arthur J. Kee Lexington Trust Company II 191 Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- P p cussing, deliberating, or voting on maters, which, if made public, might adversely affect the public security, the financial interest of the Town, or the reputation of any person Following a discussion re Special Town Counsel, 1963 unpaid bills for the Fire Department, it was voted to resume the open meeting Mr. Legro retired at 10:10 P.M. Mr. Robert Meyer, Chairman of the Planning Board, came into the meeting. Mr. Meyer stated that, with reference to the Spring Street rezoning, the Planning Board has chosen a line between the zone and a buffer strip going right over the crest of the hill. He said the Planning Board proposes, with the Selectmen's approval, to write the attorney for Baldwin with an offer of $19,600.00 The meeting adjourned at 11:30 P.M. A true record, Attest : e t iv4/C1er. , Select 6 n r t vc. 1}