HomeMy WebLinkAbout1963-02-04-min SELECTMEN'S MEETING
February 4, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen 's Room, Town Office Building, on
Monday, February 4, 1963, at 7:30 P.M. Chairman Adams,
Messrs. Cole, nichards, Burnell and Brown were present.
Mr. Legro, Town Counsel, Mr. Carroll, Superintendent of
Public Works, and Miss Murray, Executive Clerk, were
also present .
Miss Mary R. McDonough, Assistant Town Clerk, met
with the Board for the drawing of three jurors. The
following individuals were drawn for jury duty: John H. Jurors
Peterson, 9 Bowman Street; Joseph Robbatt, 38 Sherburne
Road, and Ezra L. Dunton, 35 Robinson Road.
Miss McDonough retired at 7:40 P.M
Mr. Legro stated that, by way of information,
he has found it necessary to rule against the Town
Celebrations Committee conducting the play itself in April 19
connection with the celebration planned for April 19.
He said he thought it had been understood.
The Chairman raised a question relative to the
inclusion of an article in the warrant for the Annual
Town Meeting requesting authority to transfer to Cabot,
Cabot & Forbes sufficient Town land on the easterly Cabot, Cabot
side of the right-of-way (at the dump site) to insure & Forbes '
that they have a parcel with a minimum area of five land exchang
acres. In exchange for this land, Cabot, Cabot &
ForbeB will grant the Town a release of damages for
the taking, the fee in the easement and title to the
area which abuts the westerly side of the easement
and owned by Cabot, Cabot & Forbes.
Mr. Carroll stated that he ha- to prepare a plan
and has discussed the subject with Cabot, Cabot &
Forbes. He said he did not think there would be any
difficulty
Mr. Legro said this is an exchange of land and
there may have to be two articles .
Mr. Legro referred to the article to provide for
a committee to retain professional services and pre- Museum
pare preliminary plans, specifications and cost esti- Article
mates for the construction and equipping a building
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for a Town museum,and reported that he could find no
authority for a Town to appropriate any money or erect
a museum, and he thought serious consideration should
be given to the subject before an article is included
in the warrant.
Mr. Cole asked if an Act of legislature was neces-
sary, and Mr. Legro replied that he thought one would
be needed.
The Chairman said he thought that would take care
of it for this Town Meeting.
Museum It was unanimously agreed not to include an article
pertaining to a museum in the warrant for the Annual
Town Meeting.
Mr. Legro reported that he has the same concern
Fencing about the change in the Building By-Laws with reference
pools to fencing swimming pools and said there is no inherent
authority delegated by the legislature.
Mr. Legro referred to a letter received from the
Town Meeting Members Association requesting an article
on tax exemptions to give the Town Meeting an oppor-
tunity to ask the Board to memorialize the General
Court so that the General Laws could be amended in towns
Memorializing where valuation is on a fair and full cash level, higher
Feneral Court exemptions would be allowed qualified applicants.
Mr. Legro questioned the value of such an article
and said this memorializing is a matter of presenting
a statement of facts which may form the basis of a
petition.
Reference was also made to the Associations com-
munication relative to publishing assessments.
The Chairman said he thought it was highly desir-
able but the figures presented were very rough estimates
and he questioned the way in which the Association sug-
gested handling the publication.
Mr. Legro said an article could be drawn, but it is
a matter of policy and what the Board wants.
Letter wan received from Mr. James J. Carroll, Town
Clerk, and Clerk to the Board of Registrars, to which
'Referendum was attached thirty-two pages of names containing 403
checked signatures of registered voters requesting a
referendum on the vote under Article 2 of the Special
Town Meeting, January 28, 1963.
The Board expects to call a Special Town Meeting
at its next regular meeting on February 11, to be held
on February 25.
` Mr. Carroll mentioned the fact that last fall the
Board wrote to the School Committee and asked that funds
be included in its budget to maintain lights at all of Street
the schools. He reported that the Committee has in- lights
eluded $3,000 in this year' s budget and therefore the
amount in the street lighting budget can be recuced by
$3,000.
Mr. Carroll stated that Old Westview Street goes
out towards Bedford Street and there is no one living
on it. He reported that complaints have been registered
about parking, and he said the street should be physically
closed off. Old Westview
It was agreed to close Old Westview Street off Street
as recommended by Mr. Carroll.
Mr. Mercurio Dankese 's request for settlement
of damages was held over.
Petition was received for construction of a sewer
in Foster ''`oac. Sewer
It was agreed to advise that funds were not in-
cluded in this year's budget and that the request will
be considered when the 1964 budgets are being discussed.
Upon motion duly made and seconded, it was voted
to grant the petitions and sign the order for the fol-
lowing pole, guy wire and anchor locations on Locust Pole
Avenue: locations
Locust Avenue, northerly side, westerly from a point
approximately 230 feet west pf Churchill Lane, --
2 poles . (Boston Edison) .
Locust Avenue, northerly side, westerly from a point
approximately 27 feet west of Churchill Lane, --/(3
Two poles; guy wire and anchor on second pole O)
Locust Avenue, northerly side, approximately 440 feet
west of Churchill Lane, --
One pole. (JW0) .
The Chairman read a letter from Harold Conant,
holder of a mortgage to the Temple Isaiah, in which
he referred to a request to sign a release to the
Town for an additional right of way for water mains.
Mr. Carroll reported thathe had discussed this
with Mr. Harold Stevens and explained that the Town
had an easement for a water main and at the request of
the Temple Isaiah, the water main and easement were re-
located. He said Mr. Stevens feels there is no problem
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and that the Town can make a new taking and does not have
to abandon the old easement . He explained that if there
is any problem, the Temple will have to buy any rights
that Mr. Conant has. He stated that Mr. Stevens is
working with Mr. Daniel Lynch, attorney for Mr. Conant ,
A group of residents in the Woodhaven area met with
the Board and Mr. Carroll explained why the Board decided
to postpone a request for funds to install sewer laterals
in the area until 1964.
One resident said that the group felt the health
situation is so bad that these things should be done
simultaneously.
Mr. Carroll explained that the Board has requests
Woodhaven amounting to $600,000, a large portion of which is the
sewer Woodhaven area.
The Chairman explained that the original policy is
to put the trunk in one year and the laterals the fol-
lowing year.
A resident asked why the sewer and laterals could
not be done at the same time, and Mr . Carrollapplied that
they could if the Board approved an additional $300,000.
He stated that he is familiar with the situation and he
originally proposed the trunk sewer . He explained that
the Board could not disregard the possibility of receiving
$170,000 in Federal aid, and therefore decided to wait
this year. He said he could have some preliminary engi-
neering done but would not recommend running a dry sewer
until grades weee taken.
One of the men said he thought a connection should
be made to the sewer the minute the sewer is ready to
be connected to .
Mr. Cole said the Board could forego obtaining
another petition.
Mr. Carroll =ported that he told Mrs. Howard the
petition would stand.
The Chairman said the Board would review the situ-
ation to see if it could get the time lapse out of the
way.
The group retired at 8:20 P.M.
The Chairman suggested appropriating money for
engineering services at a Special Town Meeting and said
this might mean that a contract could be let out in
April or May.
Mr. Edwin A. Hartley, 1027 N. Aighteenth Street ,
Allentown, Pennsylvania, met with the Board relative
Applicatt to the position of Executive Assistant.
Executive The Chairman said he understood Mr. Hartley has
Assistant recently retired from the military service, read his
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letter and gave him the slary range. He explained the
position and what the Board would like the Executive
Assistant to do. He also explained the departments
under the Board' s jurisdiction, committees and Boards appointed
by the Selectmen and the elected officers
Mr. Hartley asked what support the Executive
Assistant would have by way of clerical help, and the
Chairman replied that he supposed at the moment it would have
to be as developed. He said the Board did not want to
add any mare help than is needed.
Mr. Hartley asked if the individual would hive to
live in Lexington, and the Chairman replied in the nega-
tive.
Mr. Hartley inquired about tenure , and Mr. hichards
explained that the board does not give a contract and
tenure does not apply except in the School Department.
The Chairman said the Board would let Mr. Hartley
know its decision and he retired at 8:35 P.M.
Mr. Albert Gray, Jr. , 406 Griswold Road, Wethers-
field 9, Connectinut, met with the Board relative to
the position of Executive Assistant .
The Chairman explained the position and what the
Board would like the Executive Assistant to do. He Applicant
also explained the departments under the Board' s juris- Executive
diction, committees and Boards appointed by the Sel otmen Assistant
and the elected officers.
Mr. Gray said he has had thirteen years ' experience
as Town Manager and started in Meredith, New Hampshire
as the first manager of that town. He left there after
two years and took a position at Old Orchard Beach then
went to Michigan for city experience. He started in
Wethersfield in 1954 and the population there is 23,000.
nt The- Chairman said he spoke to Mr.Gray about the
salary range and at the time, he said he would like to
get close to $11,000.
Mr. Gray said that was correct.
Mr. Richards asked if he lived in Wethersfield, and
he replied in the affirmative stating that he owns his
house and has three children. In answer to a question
he said he was forty-two. He said he would need thirty
days to take care of his present business which is real
estates,
The Chairman said he thought the appointment would
take effect some time after the March Town Meeting.
Mr. Gray said he would not plan to move his family
until school closes, and the Chairman stated that the
Board would not require him to live in Lexington.
Mr. Gray retired at 8:55 P.M.
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Mr. Anthony Busa met with the Board and presented
a definitive plan that he intends to submit to the
Planning Boa d, but said he had to decide where he is
to connect to the sewer He said he wanted to connect
with the sewer into the MDC manhole which will serve
Sections 8 and 9 in the future.
Mr. garroll explained that this would cost the
Town money when the relief sewer is built, possibly
Buse sewer $10,000. He said the other way would be to connect
connection into the Town sewer at Lillian Road.
Mr. Busa said he wanted to know if the Town would
reimburse him for the difference of the cost.
Mr. Carroll estimated the difference in cost would
be approximately $1,000.
The Chairman said the Board would discuss the subject
promptly and let him know.
Mr. Busa retired at 9:03 P.M.
Mr. Carroll said permission could be obtained from
the M.D.C .
Mr. Richards said he thought each case that comas
up will be different, and it is definitely known that
the relief sewer will be constructed. He said it may
be that the Board will have to consider each connection
and find in some instances that it will be less expensive
to the Town to participate in the cost or even avoid con-
necting to the main sewer.
The Chairman said he would tell Mr. Busa that the
Board will give him a decision next Monday.
Mr. William Seabrook, 303 Woburn Street, met with
the Board and said that two years ago, the Richards
Board of Lumber Co. Inc. , obtained permission from the Board of
Appealst Appeals to operate a building supply business. There
violation was to be no manufacturing, cut boards of do anything
They were not t'o have any machinery in the building
and have violated every restriction. He said a year
ago, they were before the Board again, at which time , he
was present at the hearing and registered in opposition.
He said at that time, they denied they had power machines
He stated that Mr. Irwin saw the machines but never saw
them in operation. He reported that Mr. Nickerson told
them they were not to use the machinery or pile lumber
in the yard, but they still do. He said they are not
supposed to operate before nine but start at six in the
morning. He said they use the drive at the side of
his house and the man who owns the lumber company is a
relative of Mr. Currier and Mr. Green is an owner of the
lumber company,
The Chairman asked if Mr. Seabrook wanted enforce-
ment, and if it became necessary, would he be a withess
1,517
Mr. Seabrook replied in the affirmative.
Mr. Seabrook retired at 9:15 P.M. and it was de-
cided to request the Building Inspector to submit a
report.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meetings held Minutes
on January 26, 29 and 30.
Upon motion duly made and seconded, it was voted
to grant the St. Brigid's Holy Name Society permission Permit
to operate a booth at the east corner of Depot Square
on April 19, 1963.
Upon motion duly made and seconded, it was voted
to approve payment of travel costs in the amount of
$37 incurred by William A. Sommers, an applicant for
the position of Executive Assistant.
Upon motion duly made and seconded, it was voted
to appoint Mr. John J. Rudd, Jr. , to the Town Celebrations
Committee for an unexpired term ending April 30, 1964 to Appointment
fill the vacancy caused by Mr Leo Poplawski ' s resignation
11 Upon motion duly made and seconded, it was voted
to appoint Mr Robert H. Farwell an Associate Member Appointment
of the Board of Appeals for an unexpired term ending
March 31, 1963; Mr. mdward Martin having declined the
appointment .
Mr. Burnell suggested that the Board request the
Planning Board to submit a list of names as possible
appointees to the board of Appeals.
Letter to the Board of Fire Commissioners relative
to Personal Services budget was held over . Fire Dept
budget
Decision relative to the Law Department budgets
was held over. Law budgets
The Planning Board and a group of residents from
the Five Fields area met with the Board relative to
the proposed relocation of Route 2 - Lexington Inter-
change
Mr. Mabee presented the members of the Board with
a draft of a letter to be sent to the State Department
of Public Works in which reference was made to Scheme
One and Scheme Two, both of which were explained by Mr. Relocation
Carroll. of Route 2
Mr. Mabee reported that the Planning Board feels
that Scheme One is by far the better plan and Scheme
Two is better than what the State proposes.
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Mr. Caleb Warner, speaking for fifty-seven
families in the Five Fields community said they had
no chance to see any of these schemes with the Plan-
ning Boardy_€ nd he would like to enter his Scheme #1
deadending Concord Avenue and providing some emergency
access through Old Shade Street or from Concord Avenue
onto a culdesac He said the Planning Board's Scheme
One is his Scheme Two. He said the group was present
this evening to say that they are definite and unanimous
in their feelings about this matter and are dead set
against the Planning Board Scheme Two. He said the
"right turn" sign would last about a year and pressure
would be brought to have it eliminated.
Mr. Carroll said this would be a permanent solution
and not a temporary one.
Mr. Mabee said that the Planning Board is dead set
against deadending Concord Avenue and does not think it
is a good idea
Mr. Carroll said he has also stated that he did not
think it was a good idea.
Mr. Mabee said the Planning Board is all for number
one in the letter and this is what they think should be
pushed for, and everything possible should be done to
get the on ramp on Route 2.
The Board of Selectmen was unanimously in favor of
the proposition presented by the Planning Board.
The Planning 1'oard and the group of residents from
the area retired at 10 10 P.M.
Messrs. Blaisdell, Battin, Kingston and White met
with the Board.
Mr. Blaisdell referred to the limited amount of
free cash and reported that he and Mr. White went in
to see Mr. McKinnon and Mr Wilson. He reported that
Road funds in the Road Machinery Account should have been
[aczinery transferred to the Excess and Deficiency Account at
Account the end of each year but this has not been done, and
this year the Stte questioned the $98,000 in the account.
He reported that Mr. McKinnon has ruled that the handling
of the Road Machinery Fund has been illegal.
Following a report of Mr. Blaisdell's discussion
with the State, it was agreed by all present- that the
Road Machinery Fund should be closed out .
It was agreed to meet at 9:30 Saturday morning to
continue work on budgets.
The Appropriation Committee and Mr. Carroll
retired at 11:05 P.M.
Upon motion duly made and seconded, it was voted
to grant the following Taxi Driver licenses, subject
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to written satisfactory character references from the
Chief
Fulton S. Butler Taxi Driver Licenses
Joseph T. Clarke
Douglas E. Hogan
Upon motion duly made and seconded, it was voted
to sign layouts of the following streets to be presented
for acceptance at the Annual Town Meeting in March: Street
Layouts
Alcott Road Fulton Road Ames Avenue
Baskin Road Freemont Street Eastern Avenue
Bowser Road Jeffrey Terrace Manning Street
Brown Road Lillian Road Winter Street
Burroughs Road Oxbow Road Todd Road
Constitution Road Roosevelt Road Douglas Road
Cooke Road Ross Road
Drew Road Saddle club Road
The meeting adjourned at 11:15 P.M.
A true record, Attest:
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. -Exe6utiv# Clerk, Selec (en