Loading...
HomeMy WebLinkAbout1964-01-27-min b5 SELECTMEN'S MEETING January 27, 1964 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, January 27, 1964, at 7 30 P.M. Chairman Cole, Messrs . Burnell, Cataldo and Sheldon were present Mr Legro, Town ('ounsel, Mr. Gray, Executive Assistant, Mr Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present . Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of three jurors . The following individuals were drawn for jury duty: Robert A. Mohn, 22 Welch Road, Jurors Edward J. Walsh, 3 Weston Street, and Sydney S. Koren, 11 Grove Street Mr Carroll retired. Mr. John Carroll reported that he will be taking Garbage bids on the collection of garbage next Mcnday at 4 :00 P.M. bids Letter received from Kingston L. Howard relative to sidewalks and snow removal on Gould Road was referred to Mr. Carroll who was requested to submit a report to the Board next Monday. Mr. Burnell said he would like to have the Board adopt a policy of sidewalk priority, putting sidewalks along the major streets first and then go into secondary streets l,-ter on as the Town can afford it . Sidewalks Mr. Sheldon said the Board would also have to con- sider the School Committee 's recommendation. Tentative allotments for Chapter 90 construction and maintenance were received from the State . Chapter 9C Mr. Carroll said he was asking for $60,000 in the budget There are certain items in Chapter 90 work that are not reimbursable. He also recommended curb- ing on Massachusetts Avenue if it is to be constructed. Letter from Mr. Harold Conant relative to trees at the Town dump on Lincoln Street was noted and placed Trees on file Letter was received from the Arlington Five Cents Savings Bank advising that the group life insurance policy coverage can be offered at a much reduced rate 11 which will be guaranteed for the next five years . Insurance 66 Upon motion duly made and seconded, it was voted to authorize the Chairman to sign a request for change in annual premium rates. Mr. Gray read a letter from Robert W. Sweeney, requesting permission to pass out circulars at the Town dump, Lincoln Street, over the weekend. Mr. Sweeney was present and Mr. Sheldon said he assumed it would be for one day only. Mr. Sweeney said he wanted permission for Saturday Permit and Sunday, but only one weekend. Mr. Sheldon stated this was a matter of precedent if it has not been done before . Mr. Burnell wondered if granting permission would lead to more requests Upon motion duly made and seconded, it was voted to grant Robert W. Sweeney permission to pass out hand- bills at the dump on Saturday and Sunday, February 1 and 2. Mr. Sweeney retired. Letter was received from the Middlesex & Boston Street Railway together with a tentative schedule of Bus service the company would like to operate in Lexington schedule on weekdays, Saturdays, Sundays and Holidays The Chairman said rather than spend time on this now, he would like to nave Mr. Gray go over the schedule and see what the difference is in now the company is operating now and what is proposed. Mr. Cataldo explained a public hearing before the DPU would have to be held relative to any change in schedule. The Chairman read a letter from Mr. Irwin, Building Inspector, reporting on an inspection he made of Field's garage at the corner of Oak Street. The Chairman read a letter from Representative Bradford Morse with reference to a list of specific points Rep Morse of interest to visitors in Lexington. request for Mr. Sheldon suggested that Mr. Gray contact the list of Historical Society and all other groups having interest historical and give them an opportunity to add to the list points of Mr. Gray said he would write to the different interest organizations and incorporate their lists into a letter to Representative Morse. The letter also mentioned a proclamation and Mr. Sheldon suggested that no action be taken until the Boa d has the substance of the project 11 6 '7 Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen 's Meeting held Minutes on January 20, 1964. Upon motion duly made and seconded, it was voted to grant permission to the Lexington Choral Society for Uses of the use of Cary Memorial Hall for rehearsals on February hall 10, 1964, from 7 :30 P.M. to 10 :00 P.M. , and on March 6, 1964, from 5:00 P.M. until 10:00 P.M. Upon motion duly made and seconded, it was voted to grant permission to the Minute Man Highlands Associ- Use of ation to use Estabrook Hall on February 3 from 8 :30 P.M. hall until 10:30 P.M. , subject to a charge of $10. Application for the use of Cary Memorial Hall on March 13, was received from the William Diamond PTA for a pops concert, art auction and exhibit The Associa- Use of tion requested waiver of the usual rental fee. hall Mr. Sheldon said if this requet were granted, there would be many others for the use of the hall with just as good an argument , and sooner or later rental fees will not mean very much. The Board could see no justification in waiving the rental fee and authorized the Chairman to discuss the matter with Robert Meyer, President of the Diamond PTA. Upon motion duly made and seconded, it was voted to grant the following licenses : Licenses Colonial Coffee House 29 Depot Square Sunday Sales Ferdinand S. Pacione Taxi At 8 :00 P.M. , Mr Donald Graham, Planning Project Director of theBoston Regional Planning Project, met with the Board Mr Graham said he would like to talk to the Board briefly about something th t is coming up shortly. There will be a meeting here in Arlington on February 12. He said he would like to point out to the Board that in this package of material, Discussion Materials Related to the Federal-Aid Highway Act of 1962, a copy of which was given to each member of the Board, toward the back thereis a United States Department of Commerce Bureau of Public Roads instructional memorandum, dated March 27, 1963 He said there is an indented paragraph there which he thought is worth reading to the Bo=rd, and he proceeded to do so . He stated that the key work is "cooperatively" . He read the definition of the word "coopera ively" from page 4 of the same memorandum 6 8 a� tr He said what has been done, is the preparation of a draft memorandum of understanding which they have reviewed with the Department and the Bureau of Public Roads and has received their general concurrence and they are now testing it out with the towns Lexington is part of the Boston Urban area. He said he woulr not read the Draft Memorandum because this will be the subject of discussion in Arlington on February 12. Mr . Graham explained that, since there is a deadline to get this under way, they are suggesting that a group of towns , six to ten, get together. In this case they have suggested Woburn, Arlington, Bedford, Belmont , Burlington, Concord, Lexington, Lincoln, Wilmington and Winchester These are the towns concerned with Route 2 and Route 3. These are the towns concerned with mass transportation in so far as it relates to the Lexington branch of the Boston and Maine. He said there are obviously critical problems suggested in this breakdown, and they suggest that representatives of these towns get together in Arlington on February 12 to examine this further. He said the Board would want Town Counsel to look over this draft of memorandum. As far as the State Department of Public Works is concerned, it meets Federal and Massachusetts laws, and the Attorney General has been asked for an opinion. Mr. Graham said until the Boston Metropolitan Plan- ning receives the authority to act for each city and town in order to meet the provisions of the Federal Law, this agreement has to be negotiated between the Department of Public Works and each city and town He explained that there is a transportation policy committee suggested to serve these towns The actual agreement must be be- tween the Department of Public Works and the Town itself It is their hope that the Board of Selectmen will have the authority to authorize the Chairman to sign this, but it is really up to Town Counsel to determine whether it has to go to Town Meeting or what other action is required. The Boston Regional Planning is concerned with developing a program for the Boston Metropolitan Region. They be- lieve to have this program effective, it must be approved by the Department of Public works and the Massachusetts Department of Transportation. He said they feel the only way they will come up with a mass transportation plan which can be implemented is to have the plan evolved from the thinking of the state and local officials . He said they spent some time with the Planning Board last spring. Mr . Graham said he appreciated Mr. irown calling him as this is something being discussed right now, and maybe at the meeting in Arlington, the Board can raise some questions which it has not thought of 61) Mr. Sheldon said the first thing the Board should do is to have Town Counsel determine where the authority lies to participate. Mr. Graham said that was correct and this is only a suggestion put forth by the Boston Regional Planning Project but has the endorsement of the State and Bureau of Public Roads. The grouping of towns is only a suggestion and there have been only two group me tings; one with the Lowell area and one with the Newton-Waltham group Mr Graham said he is anxious for a legal reaction as far as the Town itself is concerned and he would also like Comments and suggestions as to how to go about it The policy committee they are suggesting, page 4 of the draft memorandum, included, included the Commissioner of the Dep-,rtment of Public Works, Commissioner of the Massachusetts Department of Commerce and they recommend the President of the Boston Metropolitan Planning Council being a member, the Chairman of each of the Boards of Selectmen and the Mayor of Woburn These are the people who woald get together to discuss the problems. They are also suggesting a technical advisory committee. They are suggesting a practical way of having each city and town actually participate in the planning so in the fature the question of Route 3 and Route 2 will be resolved to II the best advantage of everyone concerned. Mr. Cstaldo said that Mr Brown was of the opinion that Mr. Graham had some knowledge of Route 3. Mr. Graham advised that he does not have any mnre information on Route 3 than the Board does through Carl Blake 's work He stated that the Highway Act of 1962 opens up a new opportunity for the Board to work with the State Highway Department on an appropriate decision. It has been sug_ ested that this be done with Arlington, Winchester, Burlington so thnt all local opinions can be aired. He said he has no further information on its priority. The Chairman said the Town Counsel would look over the agreement . Mr Graham retired at 8 20 P.M. Messrs . Parsons , Ripley, Tropeano and three other persons met with the Board to discuss the proposed articles for the warrant in regard to the subject of hunting in Lexington. Mr. Tropeano explained all the group is planning to do is to have a committee of three appointed which will specify and designate the land in Lexington to the Chief of Police or the Selectmen upon which the Chief or the Selectmen can continue to execute their rights to issue IIhunting permits . He explained the reason is that as the 70 cr Town has grown and the fields have shrunk and houses have been buLlt, there is no question but that the police and Board of Selectmen do not know where the houses have been erected He said guns being discharged too close to the houses have resulted in complaints. He said there would be a member from the Conservation Commission, Recreation Committee and the Board of Selectmen This committee of three can sit down with Mr. Ripley or any- one else interested to make sure the areas are properly posted. Some areas now being gunned would definitely be closed and other areas could be opened for a number of years depending on how quickly the Town grows The Chairman asked if it was Mr. Tropeano 's intent that this be a citizens ' article in the warrant Mr . Tropeano asked what the difference was The Chairman explained that if Mr. Tropeano did it, it would go in at the bequest of ten or more registered voters of the Town and it would be up to them to sponsor it at the Town Meeting. Mr. Tropeano said that was his intent as he did not think it would be fair to ask the Board to carry it. The Chairman read another article, submitted by ten or more registered voters, on the same subject Mr. Parsons said, through the co-operation of Chief Rycroft, he was able to determine that 184 permits were issued, of which 59 were residents of Lexington which represents 32% of the permits issued, and there are some 39 other towns represented in the total permits issued. Last year there were 62 permits issued before the fire ban stopped the issuance, of which 22 were Lex- ington residents which is again about 35%• Mr. Sheldon asked about the move to restrict hunting to Lexington residents and Mr. Tropeano replied it cannot be done legally. Mr. Ripley said that since he has been on the Con- servation Commission, he has read directives and circulars and one form of recreation which is highly recommended is hunting. Mr. Cataldo asked if it was legal to limit the number of permits a property owner could issue Mr . Tropeano replied that the Chief of Police could He said they want to make sure the land is properly posted . The group retired at 8 :50 P.M. Mr. Thomas Osburn, Mrs . Flynn and other residents of Concord Avenue, met withthe Board Sidewalks Mr.Osborn, President of the Minute Man Highlands Concord Association, said they would like sidewalks on Concord Avenue Avenue wiich is getting to be a speedway and is heavily travelled. He said in the past year an( a half, three 71 111 children have been hit by cars, one fatality He said there is no playground in the area and although the children go to and from school in buses, if they use the facilities of the Town in any way, they have to take the bus home and walk on Concord Avenue . He asked if the Town has considered Concord Avenue for side- walks at all. The Chairman replied that it hes not been included in the budget for this year. Mr. Osborn said he has put an article in the warrant to have it considered. The Chairman said the Board has received the citizen's article . Mrs . Flynn said the people have a^ked for lights or something and Concord Avenue is not a highway but is used like a highway It is posted a 30-hour zone and they have asked for a lower speed limit . Chief Rycroft has said that signs don't slow the traffic. They hope, where there is no traffic control, that sidewalks will be considered The Chairman said the Board could not vouch for the legality of the wording of the article It is a citizens ' article and the usual procedure is to have the citizens who petitioned for it carry it at Town Meeting. Mr Osborn said there are no Town Meeting Members in the Highland ssociation The Chairman explained they could ask for the privilege of having the floor Mr . Carroll advised that it will cost $20,000 to build the sidewalk and there are a number of trees that will have to be taken down and walls rebuilt Mr Osborn argued that it would not be necessary to take the trees down and Mr Carroll explained why it will be Mr Burnell stated that the Board is trying to pro- vide safe walking and has to build sidewalks that can be cleared by the tractor The Chairman asked if Mr. Osborn was more inteested in sidewalks thah trees, and he replied in the affirmative. Mrs . Flynn asked if one individual did not want to pay a betterment, the project would be abandoned . Mr. Carroll explained that no one can refuse to pay a betterment Once the Board has decided to install a sidewalk, the abutters have to pay. Mr Burnell asked if the request is for sidewalks on both sides, and Mr. Osborn replied that they would take whatever they could get . Mr. Carroll explained that his estimate of $20,000 is for one side only. 72 tn Mr. Burnell stated that there is $40,000 in the sidewalk budget. Mr Carroll said there was a carryover of $15,000 and the Board approved $15,000. The Chairman explained that the ultimate decision on this will be with the Town Meeting. Mr. Osborn asked if this would have to go before the Appropriation Committee, and the Chairman explained that the Committee will make a recommendation where this requires an expenditure of money Mrs .Flynn asked if they could hope for any better traffic control if they don 't get the sidewalks Mr. Burnell said that the Chief has assured the Board that his department is checking on the speed of traffic on this street and they are enforcing the speed limit The Police Department is short men and the greatest amount of traffic, of course, is going to and coming from work which is also the same time the men are needed around the schools It is difficult for theChief to have Concord Avenue patrolled at all times, but he does spot check He said the Board does receive monthly reports of people who are arrested for speeding One gentleman asked if there waF any way to interrupt the traffic by putting a stop sign at Pleasant Street Mr. Carroll explained that the State would not ap- prove that Mr. Burnell said their have been all kinds of sug- gestions to slow the traffic but theState wontt go along with them The Chairman suggested that the group have some of its members attend the precinct meetings to plead its cause . The group retired at 9 :20 P.M. Mr. William R. Whalon came into the meeting and said he would like to withdraw request to have an article in- serted in the warrant for an amendment to the Zoning Article By-Law because the required number of signatures for a Planning Board hearing was not submitted Mr.Legro explained that tae article could not be withdrawn without the signatures of those who signed the petition, but it could go by default Mr Sheldon asked if he meant to leave the article in the warrant and move for indefinite postponement, and Mr Legro replied, take no action The Chairman read a letter from Chief Rycroft pre- ferring charges against Officer Allen M. McSherry, Jr. Hearing Upon motion_ duly made and seconded, it was voted to notify Officer McSherry that charges have been pre- ferred and that a hearing will be held before the Board 111 40 of Selectmen in the Selectmen's Room, on Monday, February 10, 1964, at 8:30 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 , Executive might adversely affect the public security, the financial Session interest of the Town, or the reputation of any person Following a discussion pertaining to custodians and salaries, it was voted to resume the open meeting Messrs Legro and Carroll retired at 10 :10 P.M. Messrs Fitzgerald, Robbins and Whitney, Board of Fire Commissioners, met .with the Selectmen Upon motion duly made and seconded, it was voted to go into Executive Session for thepurpose of discussing, deliberating, or voting on matters which, if made public, Executive might adversely affect the public security, the financial Session interest of the Town, or the reputation of any person Following a discussion of matters pertaining to the Fire Department, it was voted to resume the open meeting. The Commissioners retired and the meeting adjourned at 11 :25 P.M. A true record, Attest : lFxtc _ ive lerk Selectm 1