HomeMy WebLinkAbout1964-04-06-min c:
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SELECTMEN'S MEETING
April 6, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, April 6, 1964, at 7 :30 P.M. Chairman Cole,
Messrs Burnell, Cataldo and Sheldon were present.
Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent
of Public Works, and Miss Murray, Executive Clerk, were
also present Mr.Legro, Town Counsel, arrived later
in the evening.
Mr Carroll reported on garbage bids opened this
afternoon.
The Chairman said it would appear that the low
bidder, Stanley Roketenetz, Inc . , is capable of getting
a bond and asked Mr. Carroll if he thought, under the
Garbage new conditions, this would work
bids Mr. Carroll replied, that, under the contract, he
thought he would do a good job, and that he has been
doing a good job the past two months
The Chairman asked if the Board should talk to him
about another truck before awarding the contract
Mr. Gray said the Board could insist that the
equipment meet the standards
Mr. Cataldo was not in favor of awarding the con-
tract for three years and suggested one year which
would give the Board an op ortunity to determine whether
the contractor was doing a good job or not .
Mr. Carroll sugge -ted that the Board ask Mr
Roketenetz to meet with it next Monday and discuss
awarding the contract for one or three years and ask
if he will purchase a new truck
Mr. Sheldon asked if Mr Cataldo would be in favor
of awarding the contract for three years if the con-
tractor agreed to put on another truck.
Mr. Cataldo replied not unless conditions change
Mr. Carroll said the problem before was that the
Town did not have a strong enough contract
It was agreed to ask Mr. Roketenetz to meet with
the Board next Monday night
Mr. Gray read bids for the purchase of three new
police cars, trading two, as follows :
Police cars Dunn Ford Sales, Inc . $3,991.19
Mawhinney Motor Sales, Inc. 4,175.00
Rowe Chevrolet, Inc. 3,929.00
Upon motion duly mrde and seconded, it was voted to
award the bid to Rowe Chevrolet, Inc. , at the bid price
of $3,929.00.
Mr. Ernest R. Giroux and Mr. William T . leleh,
representing the Minute Man Park Realty Trust, met
with the Board
Mr. Giroux stated they had some conversations with
Mr Gray and a meeting before on the matter of making
an exchange of a strip of land on Massachusetts Avenue Central
for the so-called Fire House property. He said this Block
one article was withdrawn at the request of the Trustees
They did discuss with Mr Gray and Mr Carroll several
proposals, one being a 10 foot taking, a 15 foot taking
and a 25 footsetback, and at that time, they did agree
to consider the 15 foot taking It was pointed out
that this would, for the Town, be a better proposition
and he said they agreed to consider it . They were not
able to get complete agreement among the six owners of
the Central Block property. About a month before Town
Meeting, in going backs.over some of the figures in 1962
that were established for assessment purposes, there
was a great discrepancy between the value of the front
property and the fire house property He said the
difference in value was indicated as 72 to 1. This
was a matter of discussion among the Trustees He said
they did not want it to go before Town Meeting on the
basis of negotiation because the Trustees had not agreed
among themselves. They had not thought of anything
different than an even exchange until the difference in
value of the front over the rear land came up He stated
that the Trustees would consider an even exchange and would
hope that the Town would consider it as an agreement
between the Selectmen and the owners
The Chairman asked if the Trust was ready to move
ahead at this time if it could obtain an agreement with
the Board to put an article in the warrant for an even
exchange.
Mr. Giroux replied that they would rather the
negotiations were done beforehand.
The Chairman asked if the group was in complete ac-
cord now, and Mr. Giroux replied in the affirmative.
Mr. Cataldo asked if this was definitely the approach
they wanted
Mr. Welsh replied that they want to exnhange the
front land for the piece in the back the Town now owns,
which is about 3300 feet. He said there is 30% more land
involved that the Town owns
The Chairman said the Board usually gives quick
decisions. This one is serious, and if this is the
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Trustees ' intention, the Board would take it under ad-
visement,
and let them know. He asked if the group was
in complete accord and willing to go to Town Meeting,
and all were agreed that there would be an even exchange.
Mr. Giroux stated it would be an agreement between
the two parties before Town Meeting.
Messrs Giroux and Welsh retired at 8 10 P.M.
Mr. Burnell asked if the Board had professional
advice on the value of this land
The Chairman replied in the negative
Mr. Cataldo stated that there will be benefit to
both parties which cannot be measured in money
Mr. Burnell said the Board was doing this on the
basis of laymen'* and asked if it was necessary to obtain
an appraisal first
The Chairman replied this would be to the Town's
advantage.
Mr. Burnell said when this is taken to a Town Meet-
ing, the Board will be asked the question of an appraised
value, and caked if it wasn't better for the Board to
get this information first before it votes on it
The Chairman said he would have no objection to having
an appraisal, but he did not think it would make any differ-
ence
Mr Sheldon said he did not think anyone at Town
Meeting would object to this.
The Chairman said he thought the Board should defer
action for the time being and he thought the Town Counsel
should be present when the subject is discussed
Mr Cataldo moved to vote on it subject to Town
Counsel 's approval
Mr. Carroll mentioned the plan for the ball field
and stated that Mr. Gray had telephoned Mr. Snow.
Mr. Gray reported that Mr. Snow was surprised the
plan had not been received and agreed to make up another.
Mr. Carroll stated that the Recreatic:n Committee is
very anxious to have him provide a cutout over on the
new field which was just built between Worthen Road and
Ball field Park Drive. He said he was concerned as he did not want
to put it in the wrong place, and the Board should also
determine whether or not there is going to be a fence
along Worthen Road
Mr. Cataldo said that depends on how the plan is
set up, and they want to use the field this year.
The Chairman asked Mr. Gray to contact Mr. Snow
The Board received a copy of a letter from Kenneth L.
Sewer Warden, Jr , 10 Constitution Roac. , to Mr. John Carroll,
charge with reference to a sewer connection charge.
Mr. Carroll stated that Mr Warden has a legiti-
mate complaint and he will acknowledge the letter.
Letter was received from Mr. Wm Roger Greeley
with reference to work being done by the Public Works Willard' s
Department in Willards Woods . Woods
It appeared that Mr. Greeley had been misinformed,
and the Chairman agreed to acknowledge the letter and
explain the situation to him
Upon motion duly made and seconded, it was voted
to grant permission to the Metropolitan Budding Movers
Co. to move a house onto Webster Road and a house onto Permit
116 Concord Avenue , verbal approval having been received
from Mr Carroll, subject to the usual conditions
At 8:30 P.M. , Mr. Alfred Buss met with the Board
and said he was trying to resolve Circle Road. He said
he was requested by the Planning Board to get a drain
easement from the Town of Arlington, but Arlington refused
to give him a drain easement into the Grcat Meadows . In
talking to the Selectmen, Engineer and Town Manager, they
requested two letters that he should take it by eminent Circle
domain or the Town should take it . He said he peti- Road
tioned the Board of Selectmen to finish the road under
the Bett-rment Act The Board has agreed to sell him
tax title lots on Circle Road, but he does hot have a
deed to the tax title land He stated that his attorney
and Mr. Stevens, former Town counsel, prepared an agree-
ment but it was never finalized Now Mr Legro has an
agreement
The Chairman explained that Mr. Legro only received
the agreement within the la t two weeks
Mr. Busa explained that his father planned to drain
Circle Road into the Great Meadows; Circle Road is now
a private way. He said he would appreciate the Board
resolving this through the suggestion of the Town of
Arlington by taking it by eminent domain, as the only
logical place to drain Circle Road is dnto the Meadows
He said if this could be resolved immediately, it would
be beneficial to him.
Mr. Burnell explained that the Meadows could not be
taken by eminent domain as one Town cannot take land
from another town by eminent domain.
Mr. Carroll said taking flowage rights is all that
is needed.
The Chairman asked how many houses there are on
Circle Road, and Mr Busa replied two. He said eventually
there will be seventeen, and they will all be served
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by this drainage
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The Chairman said he thought the Board was going
to need advice of Town Counsel on this .
Mr. Sheldon suggested that the Board obtain an
opinion from Town Counsel.
The Chairman said the Board would check with Town
Counsel.
Mr. Cataldo asked Mr. Gray to write a letter to
Mr. Legro for a legal opinion.
Mr. Busa retired at 8:45 P.M.
The Chairman read two letters from "Tell it to Joe",
one with reference to Concord Avenue and the other re-
Complaint ferring to Melrose Avenue
The Chairman said he would discuss the contents
with Mr. Carroll and acknowledge the inquiries
Letter was received from Alphonso B. West, 33 Oak
Street, requesting another deferment of water better-
ment assessment.
Upon motion duly made and seconded, it was voted
Deferred to again extend the time for payment, under the pro-
water bet- visions of Chapter 159 of the Acts of 1950, the Water
terment betterment assessment in the amount of $375.00 (250 ' )
assessment and the water betterment assessment in the amount of
$562.50 (375 ' ) , 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
Reports from Mr. Donald K. Irwin, Building Inspector,
Reports and Mr. Jams Finneran, Executive Heath Officer, in re-
gard to Marshall 's Food Shoppe, Inc. , were noted and
placed on file
An offer of $400 for lots 49, portion of 51 and 52
Bruce Road was received from Mr Donald K. Irwin.
Letter on the same subject was received from the
Tax title Planning Board.
Mr. Gray reported that the offer should have been
for lot 50 and not lot 49
Mr . Carroll advised that Bruce Road is not laid out .
Mr. Burnell suggested that the Board defer its judg-
ment for a week and let Mr. Carroll and whoever else is
concerned, report back to the Board
An offer of $105 for lot 79 Valleyfield Road was
received from Mrs. DeVito
Letter on the same subject was received from the
Planning Board.
Mr . Gray reported that Mrs. DeVito is not an
abutter and the Planning Board recommends selling to
an abutter only
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The Board felt that it would not be in the best
interest of the Town to sell this lot, and upon motion Tax title
duly made and seconded, it was voted to reject the
offer.
Mr. Gray referred to an offer from a Mr Cram,
60 Winter Street, and reported that the Planning Bop.rd
has no objection to selling lot 60 to Mr Cram, pro-
viding it is combined with his present lot Tax title
Mr Gray was requested to re )ort further next
week relative to the amount of the offer, etc
Upon motion duly made and seconded, it was voted
to request the Package Goods Stores to remain closed
all dayand eveningon Monday, April 20, Patriot 's
Day
Mr Burnell said that some months ago the Traffic
Study Com ittee requested the State Department of Public Traffic
Works to make a study and recommendations on Bedford
Street from Harrington Road to Hartwell Avenue He said
the report he received is dated March 16 During the
intervening period, the Committee considered talks with
the State to provide a traffic light control at Eldred
6treet He said the Traffic Study Committee recommends
lights at four intersections and the insertion of an
article in the warrant for the next Special Town Meeting
to appropriate $2,000 for blinker lights at Hill and
Revere Streets and also Reed Street He said funds
for the Worthen Road lights were appropriated at the
March Town Meeting. He said the intention to ask for
blinker lights ' funds at the May Town Meeting should
be communicated to the State with the suggestion that
it obtain funds for the installation of lights at the
at t }e same time .
Mr. Burnell read a letter sent to John J. Carroll,
Superintendent of Public Works, by the Acting Traffic
Engineer of the State Department of Public Works, dated
March 16, as follows
"Lexington Traffic March 16, 1964
This is with reference to your request for an investi-
gaticn to determine the advisability of installing traffic
control signals at the following locations .
1. Eldred Street and Bedford Street
2 Simonds Road and Bedford Street
3. Revere Street, hill Street and Bedford Street
4. Worthen Road, Camellia Place and Bedford Street
My comments and recommendations are as follows'
Bedford Street, Route 4, in Lexington is State Highway
from the Bedford-Lexington town line to the railroad crossing
just south of Ledgelawn A enue. This is a total distance of
8800 feet. The remaining 4800 foot section of Bedford Street,
Route 4, is town road Eldred Street and Simonds Road at
Bedford Street are State Highway intersections
The vehicle counts submitted by the Town of Lexington
how that neither Eldred Street, Simonas Road nor Revere and
Hill Streets meets the Department 's vehicular warrant for a
traffic control signal. A record of accidents submitted
by the Lexington officials also reveal that these inter-
sections dp not meet the Department 's warrant for traffic
control signals
We do agree that Route 4, Bedford Street, In Lexington
has shown an increase in vehicular volumes during the past
five years .
It is my opinion that traffic conditions on Bedford
Street can be improved in the following manner.
A) Install the traffic control signal at the inter-
section of Bedford Street, Worthen Road and Camellia Place
that was recommended in my report to your office on
January 31, 1964 As previously stated in that report this
particular intersection does meet the Department 's warrant
for a traffic control signal
B) Install a traffic warning beacon at the inter-
section of Bedford Street, Revere Street and Hill Street
The recommended layout is shown on the attached 40 scale
sketch
C) Install a channelizing island and traffic warning
beacon at the intersection of Bedford Stree; and Feed Street
that was recommended in our report in April 10, 1962.
The three aforementioned intersections are under the
jurisdiction of the Town of Lexington.
If the Town agrees to the foregoing, I would also re-
commend
D) Install stop signs on North Hancock Street at
Bedford Street and on Valley Road at Bedford Street. The
stop sign locations are shown on the attached 40 scale sketch.
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E) Install a traffic control signal at the inter-
section of Bedford Street and Simon s Road. The signal
layout is shown on the attached 40 scale sketch.
The two aforementioned intersections , D and E, are
State Highway locations .
If the recommendations stated above are adopted, there
would be two traffic control signals spaced 6000 feet apart
between Route 128 and Massachusetts Avenue inLexington.
In my opinion, these two signals would provide for an
interruption in the continuous traffic flow that would
allow for relatively safe entrance upon Bedford Street at
these two points and at points located between these two
signalized intersections . Also Eldred Street, being lo-
cated between tne signalized intersection at Simonds Road
would also receive like benefits.
Very truly yours,
/s/Armand L. Phaneuf
Acting Traffic Engineer"
_After receipt of the letter, there was a meeting with
two engineers and they spent quite a period of time in going
over the Eldred Street problem. He said they were firm in
laying that they felt Eldred Street would benefit by this
breaking up of the continuous flow of traffic on Bedford
Street. There is perhaps one other way by police control,
going to work and coming home from work hours. He said
with this information before the Burd, the Committee re-
commends that there be put in the warrant for the next
Special Town Meeting an article to raise approximately
$2,000 for blinker lights, and if the Board agrees, to
communicate immediately with the State Department of Public
Works and tell them the Board 's intention, to allow them
to get their funds together
Upon motion duly made an, seconded, it was voted to
accept the report of the Traffic Study Committee and the
letter from the State
Upon motion duly made and seconded, it was voted to
insert an article in the warrant for the next Special
Town Meeting for X number of dollars to provide blinker
lights at Hill and Revere Strfets and at Bedford and Reed
Streets
11/ Mr. Burnell said he thou_ht it may be necessary to
request the Chief of Police to provide police protection
at Eldred Street
The Chairman read a letter from Mrs. George P.
Morey in regard to the traffic lights near the Battle
Traffic Green which have not been in use for many years. The
letter was referred to the Traffic Study Committee.
Mr. Martin Small met with the Board. He said with
the humber of voters registering and two women running
from Lexington, there is a substantial vote drive on the
Polling Democratic side, and he assumed the total number of
hours - votes on the Democratic side will be greater this time,
Presiders- , , and will probably be greater on the Republican side
' tial The Chairman reported that he had discussed the
Primary subject with the Town Clerk who felt that if the polls
were open at ten in the morning until eight, it might
suffice
Upon motion duly made and seconded, it was voted
to open the polls at 7:30 A.M. and close at 8 00 P.M.
on Tuesday, April 28, Presidential Primary
Upon motion duly made and seconded, it was voted
Warrant to sign the Warrant for the Presidential Primary to
be held on Tuesday, April 28, 1964.
At 9 :00 P.M. , Chairman Meyer, Mr Campbell and
Mrs . Riffin, of the Planning Board, met with the Selectmen
The Chairman referred to a letter received from the
Planning Board, dated March 27, 1964, in regard to
, Legal fees special legal advice
The Chairman said it was the Selectmen's under
standing that the legal fees would be paid for out of
the Planning Board budget He stated that the Town
Counsel and the Appropriation Committee also understood
this
The Chairman said the Planning Board has a file on
the Lyon property and where this is a Selectmen's article
and basically the Selectmen's job, they felt they should
Lyon take it over and carry it through. He said if the
property Planning Board could see that the file was delivered to
Mr. Gray, the Selectmen would carry on from there, but
would still consult with the Planning Board
The Chairman said the Planning Board was aware of
the fact that there would probably be a Town Meeting in
the spring, possibly the latter part of May. He said
Spring all the takings have been made on Spring Street
Street Mr. Meyer said tonight was the first night he saw
the layout.
The Chairman asked if the Planning Board would be
ready by then with that area
* He said, if possible, it would be desirable by all parties
concerned, to have the polls open at the usual hours
161
Mr. Meyer replied he hoped so. He said the people
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on Worthen Road are coming in for the apartment again-
the Seth property, and the Housing Authority will probably
be coming in too. He said the real problem timingwise
is the Spring Street zoning
The Chairman suggested May 25 for the Special Town
Meeting.
Mr. Cataldo said the School Department should be
checked with
The Chairman said the closing date for the warrant
would be April 25
The Planning Board retired at 9 :40 P.M.
The Chairman read a letter from the Board of Fire
Commissioners relative to procedure to be followed for
the purchase of a new ambulance Ambulance
Mr Sheldon explained it has been customary for
the Fire Commissioners to follow through on this
Upon motion duly made and seconded, it was voted
to have the Fire Commissioners proceed with specifi-
cations and plans _for the purchase of a new ambulance
for which funds were appropriated at the Annual Town
Meeting in March, 1964
Mr. Cataldo mentioned, for the Board ' s consideration,
the possibility of charging a fee for water and sewer con-
nection inspections
Upon motion duly made and seconded, it was voted Water and
to approve the proposed Rules and Regulations for the Sewer Con-
operation of the Water Department or Water Division, nections
and Rules and Regulations for the operation of the
Sewer Division, subject to approval by Town Counsel.
Mr . Carroll retired at 9 50 P.M
Upon motion duly made and seconded, it was voted
to grant permission to the L.-H Town Committee to sell Permits
food properly wrapped from baskets on April 20
Upon motion duly made and seconded, it was voted
to grant permission to the Marine Corps League, to carry
Town flags in both the morning and afternoon parades on
April 20. The Board had no objection to the League 's
plan to locate a stand on property owned by Dr. Charles
T Mooney, 1115 Massachusetts Avenue
Letter was received from the Lexington PTA Council
requesting permission to sell tickets from a booth to
be located on the Episcopal Church Rectory land April 20,
proceeds to be used for the Lexington High School Scholar-
ship Fund.
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Upon motion duly made and seconded, it was voted
to grant the request
Upon motion duly made and seconded, it was voted
Resignation to accept with regret Mr. Edward J. Gildea' s resignation
as a member of the Board of Assessors, effective April 30.
Letter was received from the Town Clerk advising
Resignation that he had received Robert H. Kingston's resignation
as a me3nber of the Appropriation Committee, effective
April 1, 1964
Letter was received from the Recreation Committee
advising that the Committee has appointed Vincent E.
Appointment Hayes to be its member on the Hunting Committee author-
ized under A ticle 71 of the warrant for the Annual
Town Meeting; March, 1964.
Upon motion duly made and seconded, it was voted
to appoint Mr. Brown as the Board 's member on the Hunting
Appointment Committee authorized under A''ticle 71 of the Warrant for
the Annual Town Meeting, March, 1964.
Mr. Cataldo said he would like Town Counsel 's opinion
as to whether the three individuals on this committee
would be, in any way, liable for any decisions it made
Decision was given verbally by Town Counsel later
in the evening in Executive Session.
Upon motion duly made and seconded, it was voted
Appointment to appoint Mr. Maurice Healy the Municipal Chairman
for the next United Fund Drive.
Upon motion duly made and seconded, it was voted
to grant Mr. Bertram P. Gustin permission to conduct
Use of hall an auction in Estabrook Hall on April 13 and April 27
subject to the usual charge and custodian's overtime
fee.
Unon motion duly made end seconded, it was voted
Minutes to approve the minutes of the Selectmen's Meeting held
March 30, 1964
Mr . Sheldon said he believed the Board had read a
report of the Lexington Executive Park Development Com-
Committee mittee, and he thought the Committee should be discharged.
report He said someone had suggested that the report be given
to the press, and as Chairman of the Committee, he had
no objection and would say it is a matter for the Board
to decide '
Upon motion duly made and seconded, it was voted
to accept the report of The Lexington Executive Park
Development Committee, with thanks
The Board had no objection to giving the report
to the press
The Chairman said, as far as the recommendations
made lay the committee are concerned, he would suggest
that the Board read the report again and come in with
its decision.
Mr . Sheldon said he felt quite strongly about ap-
pointing the Executive Assistant as liaison so he could
smooth the way for people interested in coming to Lex-
ington. He asked if the site control was something
the Town has any control over, and asked Mr. Gray to
check this.
Mr. Legro arrived at the meeting at 10 :12 P.M.
Mr. Gray reported that he had received medical
bills from the Fire Department which have been held
since the first of the year. The total is approxi- Medical
mately $1200 and only $1,000 was provided for in the bills
Selectmen's budget He said he thought the Board would
have to request a transfer and su gested starting with an
amount of $1,000 because one of the firemen has been in-
jured and will continue to need medical treatments .
Mr. Cataldo said he tuought the Board should ask
the Fire Department about this
Mr. Sheldon said he agreed, and would like to know
more about it. He said before requesting the Appropri-
ation Committee for a transfer, the Board should have
more information
Mr. Gray was authorized to put through the bills
on hand for payment
Upon motion duly made and seconded, it was voted
to sign a Certificate of Entry, presented by Mr.Legro, Certificate
to do the Burroughs Road drain. (All copies taken of Entry
by Mr. Legro. )
The Chairman advised Mr.Legro that the Board
had approved the proposed Rules and Regulations for
the operation of the Water Department and the Rules
and Regulations for the operation of the Sewer Divi- Water &
sion, subject to his approval Sewer
Mr. Legro said he would like to discuss two or Regulations
three items in the regulations with Mr. Carroll.
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of dia-
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cussing, deliberating, or voting on matters, which,if
made public, might adversely affect the public security,
or
the financial interest of the Town, the reputation
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of any person
Executive Following Mr . Gray's discussion relative to clerical
Session help, Mr . Legro 's comments on building owned by Mr.
Stephen Trebino, the Hunting Committee, it was voted
to resume the open meeting.
The meeting adjourned at 10:35 P.M.
A true record, Attest
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