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HomeMy WebLinkAbout1963-06-03-min e7 .D SELECTMEN'S LECTMEN S MEETING June 3, 1963 A regular meeting of the board of Selectmen was held in the Selectmen's Room, Town Office Bulling, on Monday, June 3, 1963, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Brown and Cataldo were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present. Mrs. Audrey W. Hildreth's letter, requesting com- pensation for damage to her property at 97 Bedford Street, which she claimed was caused by a broken water main, was held over. Mr. Legro said he understood the communication Claim was referred to him and he would write Mrs. Hildreth, The Chairman read a letter from the Board of Fire Commissioners requesting authorization to enter into an Agreement for Mutual Aid in Fire Protection between the IISecretary of the Air Force and the Town of Lexington. The Chairman read the agreement which was signed by Grover C. Willcox, Jr., Colonel, USAF, in its entirety. Mr. Legro explained that there was an agreement exactlythe same as this except it ran between the Town p and the Air Force Cambridge Reserve Fire Department. It is now the Air Force, Laurence G. Hanscom Field Fire Department . He stated it is exactly the same except for the change in name_tand the change in date. He advised that the Town is authorized to render aid to areas owned by the United States Government. He said he had re- commended to the Fire Commissioners that they refer the agreement to the Selectmen to see if they wanted to ap- prove it. The agreement, as written, does not have a termination clause and no definite term, and Mr. Legro said he thought any agre.; ent entered into for the Town should have a provision for termination or a specified term so it could be reviewed and renewed if necessary. The Board of Selectmen agreed with Mr. Legro 's advice that a termination clause should be included in the agreement . Mr. Carroll reported on bids opened today on the Woodhaven Trunk Sewer (Interceptor Sewer Contract. No. 5) and explained that there are insufficient funds, the low bid being in excess of the appropriation. He said he would like to review the bids and go over the plans 366 mc C LTJ C.a this week and make a definite recommendation to the Board next week as to what can be done . Mr. Carroll referred to the construction of Volunteer Way and said it is necessary to install a drain which ,Drainage he proposes to go down through what is now Winter Street, leasement and indicated the proposed location on a plan. Letter was received from Mr. Garrett Wolpert, re- questing installation of a sewer in front of his property located at 4 Revere Street. A copy of the communication Sewer had been referred to the Superintendent of Public Works. Mr. Carroll advised the Board that he had sent Mr. Wolpert a formal petition for his signature. The Chairman read a letter from Mr. John H. Talmage, 3 Fourth Street, with reference to services as they per- Sweeping tain to unaccepted streets. streets It was agreed to advise Mr. Talmage, that the Town 's authorization has been to provide snow removal, sanding and spraying. The Chairman read a letter from Mr. Robert E. McWalter, attorney for Miss Delia Forsythe, 119 Grant Street. According to Mr. McWalter, a defect in the 11street has caused surface water to drain into his client 's property. Mr. Carroll reported that he looked at the property today and Mr. Colella talked to Miss Forsythe. He said he could not see any problem or that there was any water getting into the cellar from the street. He said there is no defect in the street and nothing has been done to cause water in the cellar . At Mr. Carroll's suggestion, it was agreed to advise Mr. McWalter that Mr. Carroll would be pleased to meet him at his convenience at 119 Grant Street. The Chairman read a petition signed by one resident of Grandview Avenue and three residents of Welch Road requesting the Town to restrain a builder from construct- ing houses on Grandview Avenue. A Mr. Erickson, who did not give his full name, or address, was present at the meeting and told the Board that he has owned property on Grandview Avenue for seven or eight years and he intends to build some houses there . He said there seems to be some trouble about the subdivision control law which he did not believe applied to him even though Town Counsel has said he does come under it. He reported that he has gone ahead, as his lawyer suggested, roughed the land out and cut down some trees . 006 The Chairman asked if ha had done this only on his own land. Mr. Erickson replied that he has roughed out the Grandview street to his lots. Avenue The Chairman asked if he owned the street and he replied in the negative. Mr. Carroll presented a plan of Grandview Avenue and Mr. Erickson indicated the lots he owns - 110, 111, 112, 113, 114, 106 and 105. Mr. Burnell asked what road he had roughed out and he replied on Grandview Avenue from here to here, which he indicated on the plan. Mr. Legro said the way appears on this plan, but as far as he knew , it is the only place it does appear. He stated that this question came up in 1962, at which time he and Mr. Snow looked at it. At that time, it was covered with boulders and a growth of trees. He described the path going down to lot 108 as being an old time driveway about wide enough for one car. From there on it was not impassable by foot, but it was impassable by vehicle. He said that is the way it was until fairly recently. The trees have been levelled, brush cut out, and the top of the loam disturbed. This is the way it was last Wednesday. Mr. Legro stated that from any in- formation presented to him, it has never been laid out as a public way. The Zoning By-Laws require frontage on a way or street and define a street as a publid way or private way legally opened or dedicated to the public use or approved by the Planning Board. He said this, in his opinion, does not begin to conform to the ctf'inition. He said no lot abutting on this paper way has any standing as a building lot and never has. He said the bulldozer does not make it a dedicated way. The Chairman asked if Mr. Erickson had received a building permit and he replied in the negative, stating he had not filed for any. Mr. Cataldo asked if Mr. Erickson's deed mentioned a right-of-way over this proposed street. Mr. Erickson replied that all his deeds indicate that he abuts on Grandview Avenue. He said there was a new house on lot 104 and 105 and had an occupancy in- spection in 1962. He said his were land court title lots and shown as abutting on Grandview Avenue. Mr. Legro explained that the land court is not con- cerned with the issuance of permits to build or the application of the Zoning By-Law He said he wrote a letter on November 8 to Mr. Snow, with a copy to the Building Inspector and the Superintendent of Public Works. Mr. Legro explained that Mr. Erickson has the right to improve his own land but not to make it a dedicated way. 368 MC et CW The Chairman asked if water was available and Mr. Erickson replied in the negative. He said the lots were laid out in 1898. Mr. Legro said he would discuss the subject with Mr. Erickson. 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 a matter which, if Session made public, might adversely affect the public security, the financial interest of the Town, or the reputation of any person. Rollowing a discussion with Mr. Legro and Mr. Irwin relative to issuing building permits for Grandview Avenue and Dunham Street, and the pavement on Worthen Road, it was voted to resume the open meeting. At 9:00 P.M. , Mr. Anthony DiRocco, 8 Dunham Street, met with the Board. He stated he has a problem getting a building permit. He also said that he needs to connect his land to a 6" water main and has only a 2" main. The Chairman asked if Mr. DiRocco had received- a building permit, and he replied that he couldn't get one until the 2" water main was taken care of. The Chairman stated it is the Board's policy not to extend 2" lines that do not solve fire hazards that could be created by another house . Mr. DiRocco said there is a water hydrant hooked onto a 6" main 470 feet away. Mr. Burnell explained that funds are not available to construct this. Mr. Carroll said the water main should be in front of the house. Mr. Cataldo said the street layout is the problem, not being an accepted layout. He explained that right now it is a paper street and the first step towards getting a building permit would be to have the street laid out as a public way. Mr. DiRocco said houses were built on the street in 1959. The Chairman said it has been the Board's policy, in regard to utilities, not to extend 2" water lines and this would be a deterrent to getting a building permit. He suggested that Mr. DiRocco talk to Mr. Irwin and find out what steps he should take. Mr. DiRocco said he has petitioned for two years and been refused. He presented the Board with peti- tions for installation of water and sewer mains and the 369 construction and acceptance of Dunham Street from Utica Street, 473 feet easterly Mr. DiRocco asked if a permit would be granted if he had a well. The Chairman said that would be up to the Building Inspector, and Mr. Irwin said he would not grant a permit. He explained there are two problems. The street is not accepted and there are no utilities, and both combined would result in a negative answer. Mr. DiRocco said he has the sewer. Mr. Carroll stated the sear is about 100 feet away. The Chairman said Mr. Irwin could consult with the Planning Board to see what steps are necessary to resolve the problem. He suggested that Mr. DiRocco discuss this with Mr. Irwin who can bring him up to date on the policy of the Selectmen and he can meet with the Planning Board to see what it will recommend. He referred to the petitions submitted by Mr. DiRocco and said they would be processed in the normal manner. Messrs. DiRocco, Carroll and Irwin retired at 9:10 P.M. McSsrs. John MacNeil, W. Dana Bartlett and Mr. Lyon met with the Board. Mr. MacNeil stated the group was the Executive Com- ' mittee of the Lexington Association of Independent In- surance Agents. He read a letter to the Board rela- tive to the committeets ,proach to the survey of the Town's insurance program. He explained that the com- mittee would be willing to proceed with Step Two if the Boa d thinks it worthwhile and would like to have Step One approved, to proceed with Step Two. He explained it would take months to prepare a complete review. Mr. Brown advised that to make this survey, the com- mittee will need information and the Board will have to authorize making the information available . The group retired at 9:20 P.M. The board of Fire Commissionam met with the Board. The Chairman explained that the Board invited the Commissioners in to discuss procedures of the Fire De- partment. Mr. Cataldo stated that the Board wants to keep a closer touch and better communication with all depart- ' ments responsible to it and know just what their operation is. He asked the Commissioners about pur- chasing and operation procedures. Mr. Fitzgerald replied that all purchases are made on requisition forms. The Chief sends a requisition to the Board and if he is in, discusses his needs. He stated it has been the procedure of the Board on many 3c wt larger purchases to get three prices . Then the Board discusses it and makes the purchase. Mr. Cataldo asked about emergency purchases and Mr. Fitzgerald stated that the Chief makes emergency purchases. He said without coming to the Board he could purchase up to $25 for incidental supplies. He said if there is an emergency, the Chief usually reports to the Board and it authorizes him to go ahead. An emergency purchase does not require a requisition. Mr. Whitney said he has never known the Chief to go out and buy anything without contacting a member of the Board for approval. The Chief advises the Board and then it is up to them to get together. Mr. Cataldo asked if the Chief had authority to go out and buy. Mr. Whitney replied that he has the authority but never, to his knowledge, gone out and done it without contacting at least one member of the Board advising him of the emergency. Mr. Fitzgerald eta ed that the Commissioners re- quire a purchase order for every purchase. He said one emergency that did arise was the repair of one truck. In that case, the Chief called the Chairman and it was taken in town within hours . He said there was con- siderable expense involved but it had to be done quickly. Mr. Cataldo asked if the Chief had to do this, and Mr. Robbins replied in the affirmative. Mr. Cataldo asked if the Commissioners' meetings were open, and Mr. Fitzgerald replied in the affirmative. Mr.Cataldo asked if the Chief was present and Mr. Fitzgerald replied that he is invited, but the Chief's wife has been seriously ill. The Commissioners usually sign bills and review reports until 8:15, at which time, the Chief comes in. He explained that the Chief can attend the meetings anytime he wants to but the Commissioners have not forced him to because he cannot get people to stay with his wife. Mr. Cataldo asked if the Chief was welcome to attend the meetings and Mr. Robbins replied that he is invited to every meeting. Mr. Cataldo asked, at the time of appointments, who makes them. Mr. Fitzgerald replied they are made by interview. The Commissioners interview each candidate and usually they have been in once, twice or three times before. Mr. Cataldo asked if the Chief was consulted at all, and Mr Fitzgerald replied in the affirmative. Mr. RAtins sail on the last appointment, the Chief was in. He sited that each man made out an application and the Board reviewed each one, and When wig it was over, they decided Mr. Cataldo asked if the Chief was asked for a recommendaticn. Mr. Whitney replied no, not on the last appointment and on the appointment ofrivateq he would say no. Mr. Robbins said the "'oard does not consult the Chief on appointments as the Commissioners are charged with the responsibility of hiring and firing. Mr. Cataldo asked if the Chief was consulted on promotions, and Mr. Fitzgerald replied that he is con- sulted on every promotion Mr. Cataldo asked if the Commist overs had any procedure for making reports to the Selectmen. Mr. Fitzgerald replied only what is requested. He said the Commissioners try to keep the Selectmen informed. Mr. Cataldo asked if, in normal procedure, the Commissioners made reports, and Mr. Fitzgerald replied in the negative. Mr. Burnell asked if the Commissioners had any problems the Selectmen should know about. Mr. Fitzgerald said the only problem was the burned out line by the Edison Company on Spring Street He said this was paid for out of the regular current budget and the Commissioners would like reimbursement so they can go along with maintenance of the fire alarms. The Chairman asked if the Commissioners could go along until the end of the year and then the Board could ask the Appropriation Committee for a transfer. He asked if the Commissioners had a specific amount. Mr. Fitzgerald replied it was about $3,000 and they can continue along, but will need it . The Chairman said Mr. Gray would be in touch with the Commissioners and follow this through. Mr. Fitzgerald said that Mr. Staples, when he was here, was handling this . The Chairman referred to the Agreement for Mutual Aid in Fire Protection between the Air Force and the Town and advised the Commissioners that the Board would go along with it providing there is another clause whereby there will be a termination date. Mr. Fitzgerald said the Commissioners would have to go back to the Air Force, this contract having been signed by Colonel Willcox. The Fire Commissioners were in favor of including the clause pertaining to a termination date, and retired at 9:40 P.M. 11 372 it C- The Chairman read a letter from Mr. William Roger Greeley suggesting that a plan for spraying be adopted that would do the most good with the least risk of harm. He suggested postponement of all tree spraying until the President 's committee has arrived at more definite con- Spraying clusions. Upon motion duly made and seconded, it was voted to continue with the same policy as heretofore with no changes Mr. Legro stated he had prepared and ready for the Board's signature, the Baskin Playground contracts which have not been signed by the contractor, nor has the in- Baskin surance certificate been signed. playground Upon motion duly made and seconded, it was voted contract to sign the contracts, all copies to be retained by Mr. Legro until completed. The Chairman read a letter from the Board of Health relative to a faulty sewage disposal system at 8 Goodwin Road. Mr. Carroll reported that there is no sewer on Goodwin Road at all, and explained by use of a sketch how the houses on Goodwin Road are sewered. He stated that Mr Outerbridge, who lives at 8 Goodwin Road, could go out Patriots Drive through an easement over private property; he could tie into Mr.Lyneh' s service, with Mr. Lynch's permission, or he could go down Hancock Street . He said of the three, he would prefer to have Mr. Outerbridge go down Goodwin Road to Hancock Street, but it would cost about $1,300 and a change of plumbing. He stated that this is an extreme case and he would not object to a tie-in with Mr. Lynch's service but this is a solution Mr. Outerbridge would have to work out with Mr. Lynch The Chairman said that Mr. Outerbridge should first work out an agreement with Mr.Lynch and asked if there would be any cost to the Town. Mr. Carroll replied in the negative. He said Mr. Outerbridge should also pay a charge in lieu of better- ments amounting to $744.95. He said to his knowledge Mr. Outerbridge has never contacted him about the problem and has never asked for anything. He said it is up to him to find out what the -solutions are . It was agreed to sgggest to the Board of Health that Mr. Outerbridge contact Mr . Carroll in an effort to work out a solution to the problem. The Chairman read a letter from Mr. E. J. McCarthy, Chief Engineer, State Department of Public Works, rela- tive to the Board's request for a meeting to discuss the 411'sm'Y possibility of terminating Route 3 at Route 128 Mr McCarthy felt that until his department has re- Route 3 waived new photogrammetric mapping and restudied the possible alternate locations of Route 3 southerly from Route 128, a meeting at this time would not be advisable. The Chairman read a letter from Mr. Fern C. Church, 285 Emerson Road, protesting the planning of Emerson Road. Mr. Burnell stated that the letter should have been Emerson Road addressed to the Planning Board and suggested that it be sent to that Board with a request for a report Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting held Minutes on May 27, 1963. Messrs . Legro and Carroll retired at 10:00 P.M. The Chairman read a letter from the Planning Board in reference to Mr. Harvey W. Newgent 's proposal rela- tive to property adjacent to the William Diamond Junior High School, owned by Mr. John Chiesa Use of Chiesa The Planning Board and the Board of Selectmen were land of the unanimous opinion that the proposal outlined by Mr. Newgent would not be in the best Interest of the Town. Letter was received from Francis X. Morse, attorney for Alfred Iodice, stating that his client will pay $1,000 for tax title lots 22-28, inclusive Tax title Upon motion duly made and seconded, it was voted to advertise the offer to purchase the lots in the Lex- ington Minute-man and that further consideration be given the offer on Monday, June 17. The Chairman read a letter from Walter D. Reed, Public Relations Director, with reference to the Tenth Annual Reunion of U.S.S. Lexington, CV-2, which will be held in California on June 27-30. U.S.S.Lexing- Mr. Reed asked that Lexington originate a letter ton Reunion to be read at the meeting which he at would be his- torical as well as educational in view of the fact the First Lexington was named in commemoration of the Battle of Lexington. Mr. Burnell suggested that Mr. Grindle or Mr. Greeley be consulted and invited to compose such a letter. Appointment of Route 3 Advisory Committee was held over. It was agreed to ask the Planning Board Route 3 to designate a member to serve on the committee Committee 374 3c Upon motion duly made and seconded, it was voted to sign an Order for r the construction of a sewer in Sewer Order Slocum Road from the existing sewer a distance of 200 feet, more or less, northeasterly. (Selectmen's Files, Sewer Orders, 1963) Upon motion duly made and seconded, it was voted to sign an Order for the construction of a sewer in Sewer Order Cbmpton Circle ;t'rkn Peatook-Farm Read a distance of( 3.0 ,feet, more or lees:; northerly to end* (Select*Pn6q Flea, Sewer Order$, 1963) . Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- cussing, deliberating or voting on a matter which, if Executive made public, might adversely affect the pbblic security, Session the financial interest of the town, or the reputation of any person Following reports from Mr. Cataldo and Mr. Gray, it was voted to resume the open meeting. Mr. Gray reported that he met with the Insurance Committee and it was his suggestion that they meet with the Board tonight. He said there is a basic change of Insurance policy involved which is a decision of the Board of Selectmen. He asked if the Board wanted the Committee to handle this, as step #2 involves a lot of work and they don't want to do it if the insurance is not going to be handled locally. Mr. Cataldo said he would like to see the insurance kept in Town. Mr. Brown said he did not think Brewer & Lord has done justice to the Town in handling the insurance. The Chairman was authorized to advise Mr. Hill, of Brewer & Lord, of the contemplated change of policy in handling the Town ' s insurance. The meeting adjcurned at 10:30 P.M. A true record, Attest: Executive 6lerk Select yen b