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HomeMy WebLinkAbout1963-10-14-min 525 SELECTMEN'S MEETING October 14, 1963 A regular meeting of the Board of Selectmen was, held in the Selectmen's Room, Town Office Building, on Monday, October 14, 1963, at 7:30 P.M. Chairman Cole, Messrs. Brown, Burnell, Cataldo and Sheldon were present. Mr. Carroll, Superintendent of Public Works, Mr. Gray, Executive Assistant, and Miss Murray, Executive Clerk, were also present. 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, Hip pole, hip guy and anchor on Whipple Road. guy and Mr. Serverson, representing the Boston Edison anchor Company was the only person present at the hearing. Notice of the hearing was mailed to the peti- tioners, owners of the property listed on the peti- tioners ' plan and also filed with the Superintendent of Public Works. Mr . Serverson explained that the pole has to be replaced and the petitioners desire to move it over to the lot line which might be a little less ob- jectionable. The hearing was declared closed and upon motion duly made and seconded, it was voted to grant the petition and sign the order for the following pole, hip guy and anchor: Whipple Road, southeasterly side, approximately 20 feet southwest of Fiske Road, -- One (1) pole - hip guy and anchor. (One existing JO pole to be removed. ) The Chairman read a letter from Louis L. Green, attorney representing the Girrac Reatly Trust, Robert W. Carrig, et al, Trustees, reiterating a request to meet with the Board relative to the trunk sewer easement taken on property of the Trust. Girrac It was agreed to make an appointment for Mr. Realty Trust Green to meet with the Board next Monday evening Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate two poles on Emerson Road. 526 17) 3K Mr. Serverson, representing the Boston Edison Company, was the only person present at the hearing. Notice of the hearing was mailed to the peti- tioners, owners of the property listed on the peti- tioners ' plan and also filed with the Superintendent of Public Works. Mr. Serverson explained the proposed pole lo- cations are to service a new home. The hearing was declared closed, and upon motion duly made and seconded, it was voted to grant the peti- tion and sign the order for the following pole locations : Emerson Road, northeasterly side, northwesterly from a point approximately 127 feet northwest of East Street, -- Two (2) poles . The Chairman read a letter from Hugh M. Chapin, Co-President, Parker School PTA, requesting certain precautions to be taken in the vicinity of the Parker School. A copy of the communication was mailed to each member of the Traffic Study Committee. The Chairman reported that Mr. Chapin was present at the meeting. Mr. Burnell stated that the committee recognizes the problems that exist along Bedford Street and has been taking traffic counts all along Bedford Street from Harrington Road to the Bedford line. He said the studies are fairly near completion now and he thogght the committee would have its first meeting in regard tothese within the next ten days or two weeks He said he thought some of the things requested by the Parker School PTA would be approved by the Committee. The Chairman said the letter would be referred to the Traffic Study Committee and he suggested that the committee invite a member of the PTA to attend. Mr. Burnell said the first meeting will pertain to all of Bedford Street and not just the Parker School. 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 Baker Avenue. Pole Mr. Serverson, representing the Boston Edison location Company, Mr. and Mrs. Thomas D. Baird, 57 Baker Avenue, were present at the hearing. Notice of the hearing was mailed to the petitioners, owners of the property listed on the petitioners ' plan, and also filed with the Superintendent of Public Works. Mr. Serverson said Ames Avenue is under construction and the present pole will be out in the middle of the ma intersection. Mrs. Baird said the relocated pole will be right in front of her house and asked if it was necessary to move it fourteen feet. Mr. Baird said they would be the only ones to have an electric pole in front of their house. Mr. Serverson stated that if the pole is left where it is now, it will be in the middle of the street . Mr. Baird said the street will be nine feet away from his bushes and asked why it was being moved. Mrs. Baird said none of the land is being touched. Mr. Baird said if the pole is moved fourteen feet, wires will have to be run over his property Mr. Serverson explained it could be done without disturbing Mr. Baird's maple tree. Mr. Baird said he could not see why the pole had to be moved fourteen feet. Mr. Serverson agreed and said he would get a set of plans and see if something could be worked out that would be satisfactory to Mr. Baird. No action was taken by the Board Hearing was declared open upon petition of the Boston Edison Company for permission to install a conduit in Bedford Airport Road. Mr. Serverson, representing the petitioner, was the only person present at the hearing. Notice of the hearing was mailed to the petitioner, owners of property listed on the petitioner's plan, and also filed with the Superintendent of Public Works. Conduit Mr . Serverson explained th the company plans to location put a new line up to the Airport and explained the pro- posed location by use of a plan. A representative from the National Historical Park was present and said that as long as the conduit will be underground, he had no objection. The hearing was declared closed, and upon motion duly made and seconded, it was voted to grant the peti- tion and sign the order for the following conduit lo- cation: Bedford Airport Road, southeasterly from Lexington- Lincoln Town Line, a distance of about 1,560 feet, -- Conduit Bedford Airport Road, southeasterly from Lexington- Lincoln Town Line, a distance o about 1,860 feet, -- Buried Armored Cable Bedford Airport Road, at Marrett Street, a distance of about 70 feet, -- Conduit 528 C- Bedford Airport Road, at Massachusetts Avenue, a distance of about 70 feet, -- Conduit 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 Burlington Street. W. Serverson, representing the Boston Edison Company, and Mr. Richard W. Beal, 130 Burlington Street, were pre- sent at the hearing Notice of the hearing was mailed to the petitioners, owners of the property listed on the petitioners' plan, and also filed with the 6uperintendent of Public Works Mr. Serverson explained that the petitioner would like this pole located for guy purposes, if possible, Mr. Beal said the pole will be directly in front of the stonewall which is part of the landscaping of the house, directly in front of trees and in front of a porch he is refinishing. He said there must be another way of guying or footing the pole and he objected to the proposed location. Mr. Serverson withdrew the petition and said he would see if something else can be worked out . M . Carroll said he would like the Board to sign the contract between the Town and Belli Bros. , for side- Sidewalk walk construction work, which was prepared by Mr. Legro. Contract Upon motion duly made and seconded, it was voted to sign the contract between the Town and Belli Bros. in the amount of $16,323.00. Mr . Carroll reported that he took bids on a truck about three weeks ago and received seven bids from dif- ferent distributors, ranging from $9,985 to $12,21.9. He recommended purchasing a Mack truck at a price of $11,670. which he said is the unit that came closest to the specifi- cations. Upon motion duly made and seconded, it was voted to authorize Mr. Carroll to place an order for the purchase of a Mack truck at the bid price of $11,670. Mr. Carroll referred to the Woodhaven Trunk Sewer bids and stated he. reported that C. DiMartino & Sons, Inc . was the low bidder with a base bid of $473,806.40, alternate #2, $478,724.60 and alternate #3, $73, 857•S0• As he reported, this would mean, with the approval of the Federal government awarding the basic contract. In checking the bid of the second low bidder, J. D'Amico, Inc. , they found that D'Amico had made an error of $36,000 which resulted in this being the low bid. He said this means subject to the approval of the Federal government, the contract ban be awarded for the entire job without request- ing additional funds Mr. Carroll presented a plan entitled "Plan of Land in Lexington, Mass. ", and indicated land in the vicinity of the sanitary land fill area owned by Cabot, Cabot & Forbes. He pointed out the parcel which was originally discussed to be acquired by the Town and the parcel to be exchanged He said he had checked and found out that Cabot, Cabot & Forbes was asking 15 a square foot for its land, 5¢t of which would have to be paid to Reiss . He in- dicated an area Mr. Cataldo had suggested dumping be started and said that in his opinion, 170,000 feet at 1S$ would be expensive He said even at which Cabot, Cabot & Forbes would have to pay Reiss is $8,000 and he thought the Board shouli consider this on the basis of leasing the area. It was agreed that Mr.Carroll and Mr . Gray discuss the subject with a representative of Cabot, Cabot & Forbes A verbal request was received from Arthur E. Vasseur, 211. RindliWaAvenue, for abatement of a street betterment assessment in the amount of $1,311 levied against lots Street 211-215 Rindge Avenue. betterment Mr. Carroll explained there is a water hole on the land and the Town has a drain easement that empties into it. Mr. Vasseur saw him about two years ago at a public hearing and told him at that time that the Town did not have the right to dump water on his pro- perty. He said a couple of days later, he found the drain easement. He stated the Town is dumping water into a hole which is on Mr. Vasseur's property and whether or not theTown had the right to do so he did not know. He reported that Mr. Vasseur wants the pipe extended to the Arlington Reservoir and said the pond is on his property. Mr. Sheldon said he thought the Board should seek legal advice Mr. Cataldo said he understood Mr. Vasseur was going to file a petition to have the Board fill the area. Mr. Carroll said he had received the petition, but this is a private pond. He said it should be determined whether or not the sown has the right to dump water it there. Mr. Cataldo said there are many situations like this and the pond has been there for many years. He said whether the Town has the right to dump the water 530 , C=; c. there or not has nothing to do with the street better- ment assessment. Mr. Carroll said he agreed but he did not think it would do any harm to wait a week, and it was his opinion that the land had been bettered by the street Mr. Carroll agreed to report on the subject in more detail next week. Upon motion duly made andseconded, it was voted to approve the minutes of the Selectmen's Meeting held on October 7, 1963. A letter, copies ies of which were sent to the Board, was received from New England Fire Insurance Rating Association in regard to Public and Institutional Pro- Public and perty #104 It listed several recommendations per- Institution- taining to the Red Cross Building, Schools, Fire Station, al Property Police Station and Library for immediate attention, and #104 reque-ted that the Association be notified when the re- commendations have been completed. It was agreed to notify each department as their interest appears on the recommendations, and Mr . Gray was requested to follow it through. Mr. Charles H. Cole came into the meeting to find out whether or not there was going to be an article in the warrant for the November Town Meeting in regard to a pumping station on '"orthen Road, and explained that Article because of the Board of Appeals ' decision, Niles Realty could not proceed. He said he would like to be able to tell Niles that an article will be included realizing that the Town would have to vote on it. Upon motion duly made and seconded, it was voted to insert an article in the warrant for the Special Town Meeting to be held November 25, 1963 for the provision of apumping station to be constructed to serve the Niles ' building on Worthen Road. A letter, copies of which were sent to the Board, was received from Edwin B. Worthen, Jr. , with reference Central to the setback of the so-called Central Block. Block set- It was agreed to acknowledge the letter and place back it on file for future consideration. The Chairman read a letter from Alvin Y. Morrison, in reply to the Board's letter of September 2L.., 1963, relative to Lot 7A Pleasant Street which abuts his rear property and which he had made an offer to purchase. I rt atl �, I/ Upon motion duly made and seconded, it was voted to sell and convey Lot 7A Pleasant Street to Mr. Morrison for $300, plus $609.58 sewer betterment , without the Tax title usual advertising inasmuch as the parcel would be of no value to anyone other than the abutter. The Clerk reported that the League of Women Voters held an evening meeting in Estabrook Hall and questioned payment for the custodian' s overtime services Use of hall It was determined that the League should not be excepted and should pay for the custodian as do all other organizations. Application for a Common Victualler license to do business at the Lexington Bowladrome was received from John Cappadona, Jr. , 114 Lake Street, Waltham. Common Satisfactory character reference was received Victualler from Acting Chief of Police, James F. Corr, and a satisfactory report was also received from the Board of Health. Upon motion duly made and seconded, it was voted to grant the license. Application was received from The Premiere Perform- ance, group for permission to use Estabrook Hall on the I evenings of November 1 and 2. Upon motion duly made and seconded, it was voted Use of hall to grant the use of the hall, subject to payment of $10 rental fee and $3.00 per hour for custodian's overtime services. The Chairman read a letter from the Planning Board, dated October 11 1963, listing five articles for the warrant for the November Town Meeting. Articles Upon motion duly made and seconded, it was voted to insert the articles requested in the warrant for the Special Town Meeting to be held November 25, 1963. At 8:30 P.M. , Mr. Donald K. Irwin met with the Board relative to the appointment of a Standing Building Code Committee. Mr. Irwin stated this is not a new idea and that Standing he was on the committee in 1958 when work was done on Building the Building By-Laws . He explained that at that time, Code Com- it was the thought of the committee that there should mittee be a continuing group to work on changes in the Build- ing By-Laws . He said since that time, there have been items brought up which could have been handled by such a committee . He said his idea would be a small but active committee aware of the trends in building 532 i Lam`/ C- The Committee would listen to proposals and after they were screened, invite the Building Inspector, whoever #e might be, to discuss how they might fit into the code He said he did not know how such a committee should be set up, but suggested not more than five members Mr. Gray said he discussed this with Mr. Legro who felt it would not be advisable for the Board of Selectmen to recommend to Town Meeting that a committee be appointed by the Board of Selectmen, but the committee itself should be authorized by Town Meeting. Mr. Sheldon said the Town Meeting would have to authorize the Moderator or the Board of Selectmen to appoint the committee. Mr. Irwin mentioned that any changes in the code would have to be approved by Town Meeting, Mr. Burnell asked if a five-man committee would be more representative, and Mr. Irwin replied he would not want to see more than five. Mr. Burnell said he thought a five-man Board is a stronger board. Mr. Charles Cole said one member might be a lawyer because changes in the Building Code require someone tmth a knowledge of building laws It was also suggested that the Committee be appointed by the Moderator, Chairman of the Board of Appeals, Chair- man of the Planning Boardaand Chairman of the Board of Selectmen Upon motion duly made and seconded, it was voted Article to insert an article in the warrant to establish a Standing Building Code Committee. Messrs. Irwin and Cole retired at 8:5o P.M. The Chairman read a letter from Mr. Legro in regard to Raytheon v. The Commonwelalth No. 237612, Middlesex Raytheon Superior Court. v.Common- Upon motion duly made and seconded, it was voted wealth to authorize Mr. Legro to sign a waiver of any interest the Town may have in the damages awarded. Mr. Gray referred to the subject of the Center Playground area and reported that he had been in touch with Mr.Spiris and said there had been some question as to whether this land should be under the control of the School Committee or the Board of Selectmen. It was Mr. Spirts ' feeling that the whole general area would not be eligible for Federal assistance except the area in the immediate vicinity of the school construction. He suggested that the Board call a meeting of all parties concerned so the Public Works Department will know what is to be done without any duplicatnn 5X3 II Mr. Burnell said a couple of years ago, the Plan- ning Boa-^d made a plan of the Center Playground and had tentative approval of the Board of Selectmen. He said he thought this should be picked up where it was left off and make further studies. Mr. Carroll said they should take Mr. Snow's plan and he did not think anyone objected but he did not think anyone definitely said this was the plan to be followed. He said first the plan should be accepted or modified, and at the present time , there is a defi- nite amount of confusion between him, the Recreation Committee and the School Committee. Mr. Burnell suggested thtt the Board consider re- taining Mr. Snow to carry out this program. He said he is the one man available who was part of the original planning and supervised the engineering of the basic plan. He said this was going to require an individual to carry the program to completion and he thought Mr. Snow was that individual best qualified to do this. Mr. Sheldon said before the Board decides whether or not to retain Mr. Snow, he would like Mr Carroll to come before the Board and explain the plan. Mr. Burnell said in putting something like this to- gether, the Board should take into consideration the School athletic program, and the athletic program as controlled by the Recreation Committee. He felt that there must be a proper layout and the plan in the hands of someone well qualified or it would slow up agreeing on a plan for the area. Mr. Sheldon said he did not disagree but he knows nothing about this and was not qualified to express any opinion. He said he would like to see the plan. Mr. Cataldo said he would like to look at the area physically The Chairman suggested that Mr. Carroll, Mr. Kelly and someone from the School Department discuss the subject Mr. Cataldo said it should be kept by the Board of Selectmen who should control the amount of money to be spent. Mr. Carroll said the plan could be studied, and the cost to develop the entire area figured. Then the Board could decide on how much of the plan is to be done each year. Mr. Cataldo said if the plan is all drawn, there would be no necessity of having anyone else; it could I be done in the Engineering Department. Mr. Burnell said he did not like the idea of losing the plan and the amount of money spent on it . Mr. Sheldon said the first step is for Mr. Carroll II to familiarize himself with the plan, explain it to the 534 C- Board, and then the Board could look at the plan on the ground. Mr. Carroll agreed to report next week. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, Executive deliberating, or voting on matters which, if made public, Session might adversely affect the public security, the financial interest of the Town, or the reputation of any person. Following a discussion relative to the property at 96 Laconia Street, classification of certain clerks, it was voted to resume the open meeting. At 9:20 P.M. , Mr. Irving H. Mabee, Chairman of the Planning Board, met withthe Selectmen. Mr. Mabee said he just wanted to make sure that the articles his Board requested will be inserted in the warrant for the November Town Meeting. The Chairman asked if there was a meeting of minds on the Spring Street zoning. Mr. Mabee replied that his Board was going to take up Spring Street this evening Mr. Sheldon asked if there was any hope, and Mr. Mabee replied that he did not have the least idea what the Board was going to do on it. He said they had a quick glance at the loop last week, and the loop itself cuts out about three or four acres . Mr. Cataldo stated that the loop is seven acres He said when the group left the meeting at the Public Works, they were under the impression that they were going to take care of that, but now they are not . All the State woulddo is take enough land for the ramp. Mr. Mabee said his Board does not like the road layout . It makes Concord Avenue a road to feed the so-called Industrial area if the Town rezones . Mr. Sheldon said he thought there should be an article in the warrant for the Special Town Meeting. Mr. Brown said he thought the Town should proceed. Mr. Mabee said if it is in the warrant , a new description will have to be drawn. They would not intend to rezone what will eventually be State Highway. Mr. Cataldo said the article would be inserted as the land is now. The State makes a taking prior to November 25 and they suggested that the Town go along with the original description. Mr. Mabee said the Planning Board agreed to notify them that it intended to rezone. Mr. Cataldo said the State was well aware that the 5oa Town is going ahead November 25 and the taking will be of residential land. Mr. Mabee said his Board still wants to look at it and see what the road does to the area. The Chairman advised Mr. Mabee of the discussion earlier in the evening relative to the establishment of Committee a Standing Building Code Committee. The Chairman also advised Mr. Mabee of the dis- cussion relative to the layout of the Center Playground area prepared by Mr. Snow. Mr. Mabee said his Board would like an article authorizing appointment of a committee of five, to be appointed by the Selectmen, Capital Expenditures Committee, Planning Board, Appropriati-n Committee and the Moderator for the purpose of making long range financial studies of the Town over a five-year period, which would need a budget of about $3,500 or $5,000. Mr . Sheldon said he wondered if such a committee would not infringe a little on the three existing com- mittees. He stated the Capital Expenditures Committee was set up because the Town felt the Appropriation Committee was not doing long-range planning. Committee Mr. Mabee said the Appropriation Comr,ittee looks ahead for just one year; the Capital Expenditures Committee is requested to look only five years and the Planning Board is responsible for long-range planning. He asked why not have just one committee. Mr. Sheldon said he would be in favor of coordinating the groups, but he was not in favor of another committee. Mr. Mabee said he was not presenting anything to the Board this evening, but they have been working on this and his board would nave a more definite report later. Mr. Cataldo said the Board would be doing well if half the requested articles are in the warrant . Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- Executive cussing, deliberating, or voting on matters, which, Session if made public, might adversely affect the public security, the financial interest of the Town or the reputation of any person. Following a discussion pertaining to Planning Board personnel, Mr. Mabee retired. After a discussion pertaining to minutes of the Fire Commissioners, the meeting adjounred at 10:10 P.M. A true record, Attest : �11` c :u.41,7,1 cutive brk-,( Select