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HomeMy WebLinkAbout1963-08-12-min 448 4.1 SELECTMEN'S MEETING August 12, 1963 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, August 12, 1963, at 7 :30 P.M. Chairman Cole, Messrs Burnell, Brown, Cataldo, and Sheldon were present . Mr. Legro, Town Counsel, Mr. John Carroll, Superintendent of Public Works, Mr. Gray, Executive Assistant, and the Acting Clerk were also present . At 7 :30 P.M. , hearing was declared open upon the application of Shell Oil Company for permission to keep, store and sell 12,000 gallons of gasoline, 500 gallons of waste oil, and 1,000 gallons of fuel oil to be used to heat the building, all in underground tanks, and 1,000 gallons of motor oils, 500 gallons of antifreeze Shell Oil to be stored in metal containers or steel drums above storage ground, on the premises located at the southerly corner hearing of Bedford Street and Worthen Road. Notice of the hearing was mailed to the petitioner, owners of all property deemed by the Board to be affected thereby as they appear on the most recent local tax list and also advertised in the July 25, 1963 issue of the Lexington Minute-man. The application was approved by Mr. B. J. Belcastro, Chief Engineer of the Lexington Fire Department . Mr. Harold E. Stevens , representing the petitioner , Mr McDonough, Real Estate Representative of Shell Oil Company, and Mr. Gallagher, Boston Engineer, and Mr. Frederic K. Johnson were present at the hearing. Mr Stevens explained the location as being on the southerly corner of Worthen Road and Bedford Street,the Stop and Shop area, presented the plan filed with the Board of Appeals showing the particular corner lot to which this application relates. He stated that Mr. McDonough and Mr. Gallagher would answer any questions that he might not be able to. He stated that a hearing had been held with the Board of Appeals, who granted the permit subject to terms and conditions set forth; it was filed with the Town Clerk on August 1 and the Registry of Deeds on August 6 . He stated Shell's option on this land covers this entire parcel, but they are interested only in this corner lot; the rest of the land is C2 and will be developed for C2 uses . The resi- dential areas will have to be used for residential pur- poses. He gave the Chairman a letter from Athens Realty Trust which he read to the Board. 449 IIMr. Johnson stated he had no opposition. His only interest is that it be a relocation, and as stated by the Board of Appeals, demolish the building it doesn't permit . Mr. Stevens stated th.:t these permits have to be registered every year, and if there was any question about it, he was sure the Shell Oil Company would be happy to file with the Town Clerk, The building will be demolished, the tanks removed, instead of being filled with sand, and that is what will be done. Mr . Cataldo asked how many gallons of gasoline the permit called for now, and Mr McDonough replied 10,000 gallons on the Jenney Station, but they do not utilize 10,000 now. Mr. Stevens showedthe Board a picture of the station, which he said was shown to the Board of Appeals . Mr . Johnson stated he wished a cancellation of the permit when the company gets the new station, and Mr. Stevens replied they will be very happy to have them rescind the permit at the time they take the deed. The Chairman stated that the question of storage tanks is under the jurisdiction of the Selectmen The hearing wes declared closed and Messr.S.. Sheyens, McDonough and Gallagher retired. Upon motion duly made and seconded, it was voted to grant Shell Oil Company a license to keep, store and sell 12,000 gallons of gasoline, 500 gallons of waste oil, and 1,000 gallons of fuel oil to be used to heat the building, all in underground tanks, and 1,000 gallons of motor oils, 500 gallons of antifreeze to be stored in metal containers or steel drums above ground, on the premises located at the southerly corner of Bedford Street and Worthen Road. Mr. Legro reported he had a contract ready to be signed between the Town and L. Coletti & Sons, Inc. , for street and drain work in the Town of Lexington. He stated he was lacking insurance requirements but would hold the agreements until certificates were re- Contract ceived. Upon motion dummy made and seconded, it was voted to sign the contract between L. Coletti & Sons, Inc . , for street and drain work in the Town of Lexington subject to the restrictions as outlined by Mr Legro . Mr. Legro reported a suit brought against Fireman operating Engine #2 at the corner of Bedford Street and Hartwell Avenue on April 23, 1962, and asked if Town Counsel the Town Counsel should represent the employee . 450 C- Upon motion duly made and seconded, it was voted that Mr. Legro, Town `'ouxltsel, represent the employee. Mr. Carroll reported that on August 5, bids were taken on sewer main on Lowell Street and Fast Street. There were eleven bidders and the low bid was $69,575.00 Bid for Through an error it should be $70,645 00, and the bidder sewer was Charles and Louis Construction Company, Inc. He stated he has checked them, their equipment and experience and they are good contractors, and suggested that the Board award this bid to them at a bid price of $70,645. Upon motion duly made and seconded, it was voted to award the bid for gravity sewers in the Town of Lex- ington to Charles and Louis Construction Company in the amount of $70,645. Mr. Carroll stated he had a minor problem. Over in the Cary Building, the painting has been subject to a lot of criticism in thatit could not be seen. When ,1 Painting - Mrs. Morey was Chairman, she suggested that something ' Cary Building be done about the lighting. Mr. Carroll has talked with Mr. Aiden Ripley who approves his suggestion that an 8 foot fluorescent tube be installed, just inside the iron railing, and they both feel it will do a remarkable job, as much more of the picture may be seen, much more than cleaning the painting. He would like to be authorized to install this tube. Upon motion duly mace and seconded, it was voted to authorize Mr. Carroll to have an 8 foot fluorescent tube installed inside the iron railing to light up the painting in Cary Memorial Building. Mr. Cataldo mentioned the telephone booth for Cary Building. He suggested that the booth which is in the ITelephone Town Office Building be moved over there, but it was the booth consensus of o inion of the Board that it should be left as it is , and have a new booth installed in Cary Building. Mr. Carioll referred to the Hartwell Avenue dump site and stated he would like to start dumping soon. He said the present dump would be used up by the end of this year and they would have to go into the Hartwell Avenue site shortly. He presented a plan showing the area, stated they need a fairly large area, 200 feet wide. He stated first they must make sure Kiln Brook is not polluted. There are also high tension wires which could cause a lot of trouble. Mr. Carroll stated they would have to take bids for fill so the dump would be ready late this year or early spring . Mr. Frank Heaney has advised him and he feels le should start 451 the way he advised by filling over the peat andbringing in material. He stated it would be expensive, but felt they couldn't excavate the peat . He said there was six to eight feet of peat . Mr. Cataldo suggested doing as Arlington had, but Mr Carroll replied that Lexington does not have rubbish collection as Arlington does , and we should wait until Kiln Brook is cleaned . Mr. Carroll requested the Board to look at the present dump before they leave it . Early in the fall some areas could be filled in, and he would like to know what shape the Board wished this property left in. He stated there are some lovely Oak trees, and the dump would be fenced in eventually, that it was partly fenced now. The Board agreed to make a trip to the dump with Mr . Carroll, and advised him to go ahead with the new dump area. Mr. Carroll brought up the matter of sidewalks, which ones should be done in 1963 . He has talked with the School Department and they feel the Grove Street sidewalk is imperative. Helisted them as follows : Grove Street from Burlington Street to the Estabrook School; Grove Street from Gould Road to Carriage Drive; Massachusetts Avenue up to Wood Street to Holton Road; Lowell Street ; a small stretch of sidewalk on Emerson Road near East Street ; Woburn Street from Vine Street to Utica Street ; Lincoln Street in front of Hayden Re- creation Center . There are no other sidewalks which will eliminate buses unless there is a new school or districts changed. He stated there is enough money, $14,000.00, to construct sidewalks which he described . He would like $55,000.00. Mr. Cataldo asked about Oak Street , and Mr. Carroll replied it would be done under resurfacing this year. Mr. Carroll steted that Grove Stxeet would be done under Whitman & Howard 's engineering, and the others would be the Town's engineering . The Chairman read a copy of letter to Mr. Carroll from Mrs . John G. Dugan, 3L1. Middle Street, with refer- ence to rusty water. Rusty water Mr. Carroll reported that they have pumps in thirty pits, had approval of the Board of health, and in a week or so he would put Calgon into the system. Mr. Cole reported that he had been to see Mrs. Chu and she is still using spring water; that their tap water is still discolored. 452MC The Chairman read a letter which Mr. Carroll had sent to Roketenetz with regard to the garbage collection. Mr . Carroll stated he felt the Bard should talk with the bonding company. He has talked many times with Roketenetz but feels it is simply lack of super- Garbage vision and until he has it , he will not have good col- I collection lection. Mr . Roketenetz has been charged over $300 for missed collections, and the office has been getting forty or fifty calls a day. Mr . Carvoll has been putting on his own trucks . Mr. Burnell suggested that an up to date study be made on the subject and a report made to the Board. He inquired when the study was made and Mr. Carroll replied 1961. Mr. Sheldon advised that the bonding company be contr and Mr. Gray was authorized to contact the bonding company representative and report back to the Board in two weeks Mr. Burnell stated a special meeting should be held on this subject , not at a regular meeting, and not with Roketenetz, but on the problem that lies ahead. Letter from the Board of Health, with regard to complaints on the garbage collection, copies of which Garbage were sent to the Board, was discussed. 11complaint The Board agreed to meet with the Board of Health early in September. Letter from Mrs . J8hn L. Malaguerra, 11 Plainfield Street, was read by the Chairman Garbage It was agreed to advise Mrs . Malaguerra that the complaint Board is aware of the garbage situation and that every- thing is being done at the present time to alleviate the situation Upon motion duly made and seconded, it was voted Executive to go into Executive Session for the purpose of discuss- Session ing, deliberating or voting on a matter which, if made public, might adversely affect the public security, the financial interest of the Town or the reputationaf any person. Following a report on Town-owned house, Assessor 's request for trantifer, and an employee of the Town 's sick leave and vacation pay, it was voted to resume the open meeting . Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the follow- ing j/o Pole location: Ames Avenue, northerly side, easterly from a point approximately 115 feet east of Carville Avenue, -- Five (5) poles 453 Mr. Carroll retired at 8 :50 P.M. Mr . Converse Hill and Mr. Norman Stolz, Brewer and Lord, met with the Board relative to the Town's Insurance Program. Mr. Hill stated that there had been erroneous state- ments made, and felt perhaps the company had been too conservative For over fifty years, Brewer and Lord has taken care of insurance competition, and have had no criticism from any Town official. He felt Brewer and Lord had been immeasurable help to the Town ''ounsel many years ago,to the School Committee, for legal questions, and service rendered various times. With over seventy people employed by them, he felt theiewere in a position to serve the Town to better advantage. He then intro- duced his son-in-law, Mr. Norman Stolz, who, he said, was better able to set forth the savings Brewer and Lord had made to the Town Mr. Stolz gave the figures on reduced rates, cash Insurance return premiums, the savings under the P. I. P. plan. Mr. Cataldo asked about the erroneous statements and Mr. Hill mentioned two or three, but preferred not to discuss it at the meeting . Mr. Stolz listed a number of comparable towns for whom they handled the insurance. Mr.Legro asked Mr Stolz what background there is for not having coverage on personal injury liability, but Mr Stolz did not have the answer on that particular phase but would look into it and report back to the Board. Mr. Cataldo stated it is a serious decidion to make . Mr. Hill stated if the insurance should be cancelled, there is quite a liability The return premiums would be $28,500, $4,000 commissions Mr. Hill and Mr Stolz retired at 9 :35 P.M. Mr.Nickerson, Chairman, Messrs . Ripley, Abbott, Hoyt of the Board of Appeals ; Mr Reed, General By-Laws Committee; members of the Planning Board and Mr. Snow, met with the Board. Executive Upon motion duly made and seconded, it was voted Session to go into Executive Session for the purpose of dis- cussing, deliberating, or voting on a matter, which, if made public, might adversely affect the public security, the financial interest of the Town or the reputation of any person. Following a discussion of Section 14F, it was voted to resume the open meeting. Mr. Irving Mabee, Chairman of the Planning Board, referred to the Selectmen 's letter to that Board of 454 Cu July 30, 1963, relative to Mr Kenneth Kelly's offer Tax Title to purchase lots 20 and 21, Block 16, Earl Street (Kelly) Mr Mabee stated that the Planning Board ' s reason for holding out for a large lot is so that it will be in keeping with the lots in the immediate area Mr . Gray reported on the letter from the Board of Assessors, held over from the last meeting of the Board. He stated that he would suggest that a transfer be requested from the Appropriation Committee, as the Assessors need the money; also that a special meeting be held with the Assessors to determine whether more Transfer help is needed. Upon motion duly made and seconded, it was voted to request the Appropriation Committee totransfer the sum of One Thousand Dollars ($1,000.00$ from the Reserve Fund to the Assessors Personal Services Account. Mr . Gray referred to Mr. Richard Hamilton 's offer of February, 1960, with reference to lots 243-258, inclusive, on Asbury Street and lots 234-242, inclus- 'Tax Title ive, on Freemont Street. ' (Hamilton) = Mr. Gray asked Town Counsel if this offer was re- voked by a lapse of time, and could the Board accept the offer, and Mr Legro replied in the affirmative. It was suggested that Mr . Gray contact Mr. Hamilton to confirm his bid on these lots as proposed by the Planning Board and approved by the Selectmen. Mr. Gray also referred to the offer of Mr. George Tax Title Pisiello, 48 Freemont Street, for lots 631-6344: (Pisiello) inclusive, on Freemont Street, in the amount of $2400. This offer was rejected. The Chairman read a letter from Motorola Communi- cations and electronics Inc ic with reference to a system of contract maintenance for Two-Way Radio Radio Equip- Equipment . went Maint . It was suggested that Mr. Gray look into the matter further and report back to the Board Mr. Legro retired at 10 :35 P.M Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen's Meeting held on July 29, 1963. The Chairman read a letter from the Planning board relative to the establishment of conservation commissions 455 in Massachusetts municipalities . Conservation The Board voted to hold this over until its Commissions next meeting. The Chairman read a letter from A. G. Pollard Company, Lowell, with regard to a new branch store in the Great Road Shopping Center, Bedford . Permit After consideration of their request, it was voted to deny the distribution of handbills or to have loud- , speakers, but authorize permission for the Coach to be driven into the center of Town. Representative Starr 's memorandum of July 17 meeting with the State Department of Public Works Memorandum was read and placed on file. Application from Rowe Chevrolet, Inc. , 39-41 Bedford Street, for a change of name in their Ist License Class Agent 's or Seller 's License, was read Upon motion duly made and seconded, it was voted to issue the license changing the name from Rowe- Jackson Chevrolet, Inc. to Rowe Chevrolet, Inc . Application for a yearly dump permit by Paul Usik, 29 Pleasant Street, for his own use, was read by the Yearly Chairman dump permit Upon motion duly made and seconded, it was voted to grant the permit . Letter from Blair L. Perry, 11 Bellflower Street , with reference to the Special Election held on June 17, Special 1963, was read by the Chairman Election The Chairman stated he would reply to the letter Upon motion duly made and seconded, it wavoted to sign Certificates of Incorporation on behalf of the following individuals, satisfactory character refer- Certs . of ences having been received from the Chief fo Police: Inc . Charles B Peck, III, 94 North Street, Lexington Alfred H. Bloom, 21 Demar Road, Lexingtcn Lexington Montessori School, Inc , 4 Douglas Road John B. Butler, 44 North Street, Lexington John F. Paratore, 11 Berwick Road, Lexington Vincent Paratore, 22 Leonard Avenue, Lexington Joseph E. Halley, 18 Baker Avenue, Lexington Upon motion duly made and seconded, it was voted to grant Phe. .following licenses, all having been approved 456 3C by the Chief of Police: Licenses William George Evans, 18 Oxbow Road, Lexington Taxi Driver Jonathan Weems, 4 Eustis Street, Lexington Guide John Baldasaro, 33 Newtowne Court, Cambridge Common Victualler The Chairman brought to the Board 's attention two applications for Women Police Officers for school traffic Women Police duty, approved by Chief Rycroft . )fficers Upon motion duly made and seconded, it was voted to appoint the following women Police Officers for school traffic duty Edna Frances Marshall 110 Woburn Street Mary M. Hagerty 15 Wheeler Rodd The Chairman read a letter from the Lexington As- Insurance sociation of Independent Insurance Agents, with regard Insurance to the Town 's Insurance Program. The letter was placed on file. Mrs . Morey 's letter of February 9, 1961, to Mr. Haskell Reed, relative to studying and reviewing the Precinct precinct boundaries, was read by the Chairman. boundaries The Board feels that at the present time there is no need for a restudy. The Clerk was instructed to write a letter to Mr. James Dunne, District Highway Engineer, State Department of Public Works , Arlington, informing him that the Board had established a charge of $3.00 per hour for Police Officers assigned to extra traffic duty The meeting adjourned at 11 :10 P.M A true record, Attest : 41-914, � �U 111 Acting Clerk, Selectmen n,