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HomeMy WebLinkAbout1963-10-21-min 536 SELECTMEN'S MEETING October 21, 1963 A regular meeting of the Board of Selectmen was held in the Selectmen's Room Town Off ice Building, on Monday, October 21, 1963, at 7 :30 P.M. Chairman Cole, Messrs. Brown, Burnell, Cataldo and Sheldon were present. Mr. Legro, Town Counsel, Mr. Carroll, Superintendent of Public Works, Mr. Gray, Executive Assistant, and Miss Murray, Executive Clerk, were also present. Mr. Legro reported that he had received two copies of the lease of the Edison Way parking area which was to be renewed as of July 27, 1963, but he just received the copies back from Minot, DeBlois Edison Way and Maddison with one change made, subject to the parking Board 's approval. They have added Lot C-2 to Lot lease C-i. He explained that C-2 is a snail strip of land at the rear of the building in which F. W. Woolworth has its lease. He indicated the area on a plan and explained that Minot, DeBlois and Maddison want to make sure they do not lose access rights in the event the building is ever extended. Upon motion duly made and seconded, it was voted to execute the lease as presented by Mr. Legro. Mr. Legro referred to the drain easement taken between Skyview Road and Volunteer Way. He said yv3' its recorded last Friday and he had a Certificate of Entry he would like to have executed by the Board so Certificate he could record it. He explained it is a certa.f icate of Entry that entry was made for the purpose of constructing the drain on October 18, 1963. Upon motion duly made and seconded, it was voted to execute the Certificate of Entry presented by Mr. Legro. All copies were taken by Mr. Legro. Letter was received from Johnson, Clapp, Ives & King, with copy of an order of notice issued by the Department of Public Utilities of a hearing to be Edison held en petition by the Boston Edison Company rela- Hearing tive to its substation on Massachusetts Avenue. Mr . Legro reported that he talked to Mr. Cook, who signed the letter. He said the Boston Edison substation has been here since 1917 and was a nonconform- ing use Up until the 1940 's, all equipment was within the substation. Some time in the late 40 'a, they put some of the equipment outside. They now propose to put some more sithilar equipment outside. In this petition, they propose to seek exception from the Zoning By-Law by a hearing with the Department of Public Utilities for both the new and the old equip- ment. He said unless the Board has some real ob- jection, he would not attend the hearing. Letter was received from the Standing School Build- ing Committee requesting the Board to insert an article in the warrant for the November 25th Town Meeting to Article authorize the committee to retain professional services for the preparation of final designs and specifications and to obtain bids for remodeling certain sections of the existing High School building in connection with the overall program for expansion of high school facilities. Upon motion duly made and seconded, it was voted to include an article in the warrant for the Special Town Meeting, November 25, 1963, as requested by the Standing School Building Committee. The Chairman read a letter from the School Com- mittee requesting the Board to insert an article in the warrant for the November 25th Town Meeting to authorize the Standing School Building Committee to prepare preliminary plans and specifications for the construction and equipping and furnishing a new ele- mentary school building. Article Upon motion duly made and seconded, it was voted to include an article in the warrant for the Special Town Meeting, November 25, 1963, as requested by the School Committee. The Chairman read a letter from the Planning Board advising that the Board has decided not to present the rezoning of Spring Street-Route 2 area at the Special Town Meeting to be held in November Rezoning Mr. Cataldo said Mr. Campbell was still under the impression that the Town had to make a taking. He said this is not so according to Mr. Carroll. Mr. Sheldon said it seemed to him the Planning Board is arguing about a technicality that does not exist. The Chairman read a letter from the Planning Board relative to bill received from the Vine Brook Realty Trust seeking reimbursement for the Town's there diftthe cost of constructing Worthen Road and 538 3C Cr: installing municipal services in the section of the road Reimbursement in the subdivision known as Vine Brook Meadows Section to Vine Brook Two. Realty Trust The Planning hoard voted to recommend that the sumcof $16,50 .59 be paid to the Vine Brook Realty Trust as reimbursement, said payment to be made upon completion to the satisfaction of the Superintendent of Public Works of the required work to be done in Worthen Road as shown on subdivision plan entitled "Vine Brook Meadows Section Two Lexington,Mass . ", dated June 12, 1960 Mr. Carroll said two weeks ago, he referred to a petition for street and sewer on Hayward Avenue. The problem was that the National Historical Park boundaries were laid across one side of Hayward Avenue. He dis- cussed this with Mr. Donald E. Nickerson who informed him that at his urging, the line was brought back be- cause he felt it would be a needless expenditure of money to acquire the se houses . He said there will be no extension of the park boundaries beyond the point where they are now. Mr. Carroll said he has sent out a petition to the people in the area. Mr. Carroll referred to the development of the Center Playground and presented a plan made by Mr. Snow, dated September 16, 1960 and entitled "Proposed General Development Plan - Central School and Recreation Area. " Mr Carroll suggested that attention be concentrated from now through the next four years in the development of this area, which he indicated mn the plan, and said he did not know of anyone better qualified to do this than Mr. Snow. He said in a short period of time, Mr. Snow could have a land use plan ready, and is now work- ing with the Hayden Recreation Center on its land, and he thought the two should tie in together . He said he could not determine this year how much should be in the budget . He explained Mr. Snow's idea is to plan the use of the field and use any small areas for parking and to eliminate Park Drive, leaving a large open area. Mr. Cataldo asked what would be wrong now with tearing up Park Drive to the bleachers. Mr. Carroll replied nothing, if it is something everyone agrees on. He said perhaps it would be a better idea to tear it all up. Mr. Burnell said the important thing is to get a plan of the area and then begin to tear it up. Mr. Carroll said this is elementary land use and a matter of working with the School and Recreation Com- mittees to get the maximum use of the field. 1. 539 The Chairman asked for an estimate of the time it would take Mr. Snow. Mr. Carroll said strictly as a guess, he thought a couple of weeks of work, and thought Mr. Snow could do it in a couple of days. He recommended that Mr. Snow work directly for the hoard of Selectmen. Mr. Burnell recommended that Mr . Snow be invited to meet with the Board as soon as possible. Mr. Cataldo said Mr. Snow's classification would have to be changed. The Chairman said any legal help Mr. Legro has, has to be classified as special too. The Chairman said he would see if he could get Mr. Snow to meet with the Board next Monday. Mr. Arthur E. Vasseur's request for abatement of street betterment assessment in the amount of $1,311, levied on lots 211-215 Rindge Avenue was held over. Vasseur's Mr. Carroll reported that he received a petition street bet- from the residents of Rindge Avenue requesting the torment Town to correct the situation existing on the street assessment caused by stagnant water. He indicated the area to which the petition referred on a plan and stated that it is about 150 or 200 feet away from the Arling- ton Reservoir. He said as far as he could determine, it has always been a pond without an outlet and has been there for a number of years. He stated there is no question but that the water is stagnant but it is on private land and he did not know how it concerned the Town. IThe Chairman asked if the Town was draining water into it, and Mr. Carroll replied in the affirmative. Mr. Carroll said it would cost a fantastic amount of money to fill the pond. The Chairman asked what the connection was between this pond and the street betterment assessment. Mr. Carroll said the Boerd would have to dtermine whether or not the lots have been bettered . He said the Board should determine whether or not the con- struction of the street made the water hole more valuable and as far as he was concerned, it did make the land more valuable. If the land is filled in, houses could be built . He said he thought a deferment was the answer. Mr. Cataldo said Mr. Vasseur would have to pay interest. Upon motion duly made and seconded, it was voted to extend the time for payment of the street betterment asse8ament in the amount of $1,311 levied against lots 211-215 Rindge Avenue, with interest, until the lots 540 or any part thereof are built upon, sold or until the expiration of three years from the date hereof, which- evar event occurs first. Mr. Carroll said he would discuss the subject of the Town dumping water on the land with Mr. Legro . Letter was received from Mr. C. F. Mistretta, Chief Engineer, State Department of Public Works, Route 2 advising that plans for that portion of Route 2 from Route 128 to Watertown Street were reviewed with the Town Officials on October 3, 1963, but the review did not cover utility changes, which will be done sub- sequently. Except for the cul-de-sac radii, which will require a letter to the Department, the features of the plans appear to be satisfactory and completion of the contract plans is proceeding accordingly. The chairman reported that Mr. Carroll had answered the letter. Letter was received from the Boston Edison Company quoting provisions of General Rate "A" which applies to Electric the Town's use of electric service. rates Mr. Carroll explained this applied tothe pumping station. The Chairman read a letter from Mrs. Dorothy Pearlman, Chairman of the Follen Hill Area Sewerage Committee, requesting approval of a petition for sewerage in Follen Hill area. Mr. Carroll reported that he had received the peti- tions back from the area with a large number of signa- tures. The Chairman read a letter from the Pollen Hill Estates Association requesting the Board to post the Town land in the area to eliminate hunting and also Hunting inquiring if the Board intends tobuild sidewalks on Follen Road. Mr. Carroll reported that he put ten signs up in Sidewalks the area last week. Mr. Burnell asked if the time hadn't arrived when hunting must be banned in Lexington. The Chairman said there is a group of hunters in Town who hunt with permission of the property owners . Mr. Cataldo said this is something that would have to be acted on at a Town Meeting. The Chairman said the subject of sidewalks would have to be discussed when the Board is considering budgets. 1 54 A$r.Louis Carota, 24 Tarbell Avenue, met with- the Board 'with reference to his request for abatement of a street betterment assessed against lots 144 and 145 Tarbell Avenue which he purchased from the Town if 1955 Street for $200. betterment He presented his deed which was drawn with the re- striction that no building could be erected on the lots for a period of ninety-nine years. Mr. Legro asked if the dwelling was bn lots 141, 142 and 10, and Mr. Carota replied in the affirmative. The Chairman said the Board would take the matter under consideration and let Mr. Carota know its decision. )r. Carota retired. The Chairman read a letter, signed by residents of the Wdodhaven area, requesting that hunting be forbidden Mrs. Van K. Perry, 24 Hudson Road, Mr. James Turner and another gentleman were present. Mrs. Perry said many of the neighbors wanted to attend the meeting this evening to state their own Hunting experiences. She stated that the police look around but it never seems to do any good. The Chief told her as long as the land owners give permission for hunting, he automatically gives permission. The Chairman stated that the woods are closed. One of the men said there was shooting in the area last evening. The Chairman said this could be brought to the attention of the Police Department. Mrs . Perry said she agreed with Mr. Burnell 's remark earlier in the evening that there should be no hunting. One of themen said the area is thickly populated and asked if they could have the same signs posted as those in the Follen Hill area. The Chairman explained that the Board can only post Town-owned land. Mr. Burnell said this is something for a Town Meet- ing to decide. It came up six or seven years ago and the hunting was restricted to where it is at present. The hunter must obtain permission from the land owner. One of the men said they received no permission from dim, but hunt on his land and asked how it could be corrected Mr. Burnell explained they are trespassing. Mr. Legro stated that all woods have been closed to hunting by the State; Mr. Sheldon suggested that the subject be discussed with the Chief and every effort be made to help these people. the Chairman said he would contact the Chief to- morrow. MCA! One of the men asked how this could be brought to a Town Meeting. The Chairman explained that they could have a citizens ' article with ten signatures for the spring Town Meeting or an article could be inserted in the warrant by the Board. Following further discussion on the subject, the group retired at 8:40 P.M. Mr. Cataldo said he would be in favor of issuing an order that no more permits be signed. It was agreed to have the Chairman contact Chief Rycroft and direct him not to grant any more permits for hunting and to recall any permits that may have been issued. Mr. Burnell said whatever is done now is a stopgap in the real problem. Upon motion duly made and seconded, it was voted to go into executive session for the purpose of dis- cussing, deliberating, or voting on matters, which, if made public, might adversely affect the public Executive security, the financial interest of the Town, or the Session reputation of any person. Following a discussion with Mr. Carroll, Super- intendent of Public Works, relative to vacation pay and sick leave for an employee in his department, 11upon motion duly made andseconded, it was voted to resume the open meeting. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen's Meeting held on October 14, as amended. Mr. Burnell said the Board set up a Standing Building By-Laws Committee last week and it has been suggested to him that the Board include the Plumbing By-Laws as part of this . Upon motion duly made and seconded, it was voted to amend the motion of the Board on October 14, 1963 to insert an article in the warrant for the November Town Meeting to establish a Standing Building Code Committee, so that the motion will be to establish a Standing Building and Plumbing By-Laws Code Committee. The Chairman read a letter from the Fire Com- missioners requesting insertion of an article in the warrant for the November Town Meeting for the appropri- ation of $330.50 to cover the cost of relocating the fire alarm wires at Grove Street and Route 128. Upon motion duly made and seconded, it was voted to grant the request and include an article in the warrant for the Special Town Meeting, November 25, 1963. 5443 setter was received from Mr. Edwin B. Worthen, Jr. , withlreference to amendments to the Building By-Laws that have not been attached to the appropri to pages. Building He also suggested that the Building and Zoning By-Laws By-Laws be combined. The Board felt the suggestion was worthy of con- sideration and Mr Gray was instructed to follow this through. The Chairman read a letter from Russell S. Henderson, 1.E10 Massachusetts Avenue, requesting permission to park his ear in front of his house overnight during the winter. Mr. Carroll said he was definitely opposed and he did not think special permission should be given to anyone Upon motion duly made and seconded, it was voted to cbhy the request. 4r. Carroll retired at 9 17 P.M. The Chairman read a letter from Mrs. William H. Lyon, offering lots 1, and, if necessary, lots 2 and 3 on Waltham Street to the Town for the current market value. The Clerk reported information received from the Lyon's lots Planting Board, this being something that Board has Waltham IIbeen working on. Street Mr. Burnell said if the Planning Board makes an agreement, someone should give the Selectmen a report. Letter was received from the Capital Expenditures Committee asking the Board's co-operation in reporting on at enclosed budget form information that might be Capital helpful to the Town in its planning for the future. Expendi- Mr. Gray was requested to follow this through and tures report to the Board. The Chairman read letters from Mr. Jeremiah, Wire Inspector, and Mr. Irwin, Building Inspector, pertain- Wire In- ing to car allowance for Mr. Jeremiah Spector Tt was agreed that this was a subject to be eon- transpor- sideihed when the 1961E budgets are being discussed, and tation to request Mr. Irwin to include an item in his budget . The Chairman read a letter from Major General Terhe, with reference to the Community Council, re- questing the appointment of a civilian member to the Liaison Committee. Upon motion duly made and seconded, it was voted to a.point Mr. Cole, Chairman, to serve on the Liaison Co ttee. 1 544 C- Mr. Brown reported that General Terhune would like to include a report in the Annual Town Report for 1963. The Board had no objection. The Chairman read a letter fromthe Bedford Board participate of Selectmen invitingthe Board to in Bedford's observance of Veterans ' Day, November 11. The Chairman agreed to represent the Board. The Chairman read a letter from the Town Celebrations Invitation Committee inviting the Board to participate in observance of UN Day, October 24. The Chairman agreed to represent the Board. Upon motion duly made and seconded, it was voted Meeting to hold the Selectmen's Meeting on Wednesday, November 13, 1963, due tothe fact that Monday is alegal holiday. Upon motion duly made and seconded, it was voted License to deny application for a Taxi Driver license received denied from John B. Fitzgerald, Jr. , 1843 Massachusetts Avenue, because of the report received from Chief Ryaroft. Mr. Gray reported that Mr. Healy, Veterans ' Agent, made a verbal request for an additional $150 for the observance of Veterans ' Day which he hopes will be more of a credit to the Town than it has been in past Transfer years . Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $150 from the Reserve Fund to the Veterans ' Day Account . Mr. Gray stated that on June 23, 1963, he reported to the Board on an inventory taken of all radios owned by Town Departments and made certain recommendations. He said at the present time, two separate organizations are used at the discretion of the department heads and Radios if the Board is considering using one organization, specifications should be prepared and bids sent out for use in the budget. Mr. Sheldon said the departments may have good reasons for using the people they are. W. Gray suggested meeting with the different groups before budgets are discussed. Mr. Sheldon said he thought Mr. Gray should obtain information as to why the various departments operate the way they do. Mr. Burnell said, as he recalled it, the Chief wanted to send one of his men to a police radio school. 545 r. Gray said that some time ago, the Board re- quested a survey relative to paying police officers for court duty on their days off. He said a survey was made in September of this year by the Wakefield Police Department covering 102 towns and cities of all sizes and of the number surveyed, forty-two made some provisions for court pay. Mr. Gray also conducted a survey of twelve twons in the immediate area and of Off duty these,' six made provisions for court pay. compensation Mr. Gray recommended that the Board consider in- cludinga sum of money in the 1964 budget to pay Offics for time spent in court during off duty hours. Mr. Gray reported that Lieutenant Corr covers most of theacases. A rough guess of the amount involved is between $1,500 and $2,000. He said if this is something the Board wants to consider, a record could be kept from now until budget time. Mr. Cataldo questioned waiting until next year. Mr. Sheldon asked where the money would come from. Mr. Gray explained funds are available in the Police Personal Services budget as money was appropri- ated fOr additional men, but none have been appointed. Mr. Sheldon said he agreed with Mr. Cataldo. Upon motion duly made and seconded, it was voted, subject to Town Counsel advising the Board that it is legal, to pay police officers for time spent in court during off duty hours on the following basis : A. police officer who is required to appear at District or Superior Court other than during his regular duty shall receive the standard witness fee which will cover the first hour in court. After the first hour, he shall be compensated at his regular rate. Officers appearing during their regular duty shift shall not be eligible for witness fee or court pay. The Chief of Police shall be responsible for keeping records on court appearances. . Cataldo referred to the Diorama at Cary Mem- orial Library and said he did not know the exact financial status at the present time. Mr. Brown reported that $3400 of the $5500 has Diorama been raised. Mr. Cataldo said he intended to make a donation but did not know if the other members of the Board were interested or not. He said his thought was that if the Board indicated interest, it might have a favor- able reaction. 546 Mr. Burnell said he thought any contributions should be made individually. At 10 :07 P.M., the Planning Board met with the Selectmen. Mr. Mabee stated the only way his Board can legally pay a Planner for the remainder of the year and the first three months of next year is to have an Article article in the warrant for theNovember Town Meeting. He said he thought the board should go to Town Meeting with an agreement with someone willing to accept the position. Mr. Burnell said in order for the Board to do its work, it should be agreed to include an article which if not needed could be withdrawn. The Chairman said an article would be needed even if the Planning Board was unable to get the specific man they want now. Mr. Mabee said the point he wanted to clear up is on Spring Street . He said the Board does not have an adequate description of the land which it would want to rezone or purchase, and the Selectmen are in favor of rezoning the entire area and let the State make the takings before the rezoning. The Chairman said that at the last Town Meeting the Planning Board had this land parcelled out and asked if there was a change now. Mr. Mabee replied that they do not know; it cuts through the on and off ramps . Mr. Cataldo stated that the Commonwealth will make the takings before Town Meeting. Mr. Mabee reported that the Department of Public Works had been contacted today. They have completed the drawings andsent them to the Bureau of Public Roads and if they are not returned by November 15, they cannot do anything and the Town would then be in a position of rezoning the land. Mr. Cataldo explained that Mr. John Gardner, of the Department of Public Works, advised the Board to pro- ceed with the rezoning and the State would make the takings, that the State would be responsible for the takings. Mr. Mabee reported that the buffer land the Plan- ning Board hopes to acquire actually is owned by a party who has had some of the land taken by the State and there is legal action still going on concerning the amount this party will get from the State. He said the Town might be better off dollarwise if the land can be purchased rather than to take it. 547 Mr. aheldon asked if he was still talking buffer zone, and Mr. Mabee replied in the affirmative. The Chairman reminded the group that the warraht close$ this evening. '. Mabee said the Planning Board would want to present the rezoning and the buffer at the same time. Mr. Sheldon inquired about the chances of having this ready for the spring Town Meeting. 4r. Cataldo said he would like to see this done, but would like to see it done right. Mr. Mabee said the Planning Board would rather put this off regardless of what the State says. Mr. Sheldon said apparently the Planning Board feels both things should be done together. The meeting adjourned at 10:30 P.M. A true record, Attest : E,�ec iv ler , Sele�n 11) 66‘fri-1-1j 1