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HomeMy WebLinkAbout1960-11-14-min 230 SELECTMEN 'S METING 111 November 14,1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, November 14, 1960, at 7:30 P.M. Chairman Morey, Messrs . Adams and Ferguson were present . Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present . Mr. Cole arrived at 8:10 P.M. Mr. James J. Carroll, Town Treasurer, met with the Board relative to replacing bonds issued in 1954 that had been accidentally destroyed by a purchaser. Bonds He explained that signatures of the present Board would be acceptable on replacement bonds , and the gentleman who cut the bonds was responsible for the cost of the new bonds . Upon advice of Town Counsel, the Board signed new bonds to replace those damaged when the signa- tures were accidentally cut off . Hearing was declared open upon petition of the ' Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate three Pole poles on the Cambridge-Concord Highway. locations Mr. Mahon, representing the Boston Edison Com- pany, and Mr. Consilvio . representing the New England Telephone and Telegraph Company, were the only persons present at the hearing. Mr. Mahon explained that, as mentioned in the petition, the poles are existing . Through this peti- tion, the company desires to make them joint with the telephone company. He said the reaeon for the hearing is that the Edison Company records shown that in two cases it does not have a sustaining grant and if the Board acts favorably on the petition, it will have a proper sustaining grant covering all three poles . Upon motion duly made and seconded, it was voted to grant the petition and sign the Order for the fol- lowing j/o pole locations : Cambridge-Concord Highway, southerly side, easterly from a point approximately 140 feet east of Pleasant Street,-- Two poles . Cambridge-Concord Highway, northerly side, approximately 395 feet east of Pleasant Street, -- One pole . 231 The Chairman asked about the status of the poles for electricity going to the new Grove Street school. Mr. Mahon stated that he understood the company pro- Streetlights poses to feed the new school on Grove Street from Grove Street Grove Street and it will be fed underground He said school. he would like leave to withdraw the petition for two poles on Robinson Road, together with the three poles proposed to be set on Town property. Mr. Consilvio agreed to check on the poles now placed on the ground. Mr. Mahon said he supposed the need for street lighting would be coming along . Mr. Carroll explained that lights are planned for the school driveway and the parking area. Messrs. Mahon and Consilvio retired at 7:55 P.M. Due to the increased number of voters registered for the November election and the Special Town Meeting scheduled for November 28, not provided for in the budget, there is a deficit in the Elections Account of $413.31. Transfer Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $413.31 from the Reserve Fund to the Elections - Jurisdiction Selectmen Account . Mr. Stevens read a letter from the ABC with refer- ence to the Package Goods Store license granted to Alfred S. Busa and Daniel P. Busa on February 29, 1960 which was disapproved by the Commission on March 29, Busa 1960 . After reconsideration by the Commission, it Package Goods voted to approve granting of the license and is advis. Store Lic . ing the Superior Court of its action so the appeal may be dismissed. The, letter stated that the Board was to note the Commission' s approval on the application and issue the license . Mr. Stevens read a letter fran Edward M. Viola, attorney for Manuel J. Aruda and his wife, Ethel, ask- ing that the Board defer action on the Busa license until November 21, 1960 so that he can institute legal proceedings to determine the validity of the recent action taken by the ABC . He intends to ask the Court to make an order restraining and prohibiting the Board of Selectmen from issuing the Busa license until the final determination of the case . Application for a RRtail Package Store license was received fran Manuel J. Aruda and Ethel R. Aruda to do 232CD MEd business at 329 Massachusetts Avenue , Lexington; said business to be known as Arudats Package Store . Inasmuch as the Board felt there is a legal prohbm involved, the subject was referred to Town Counsel, no action to be taken by the Board until Monday, November 21, 1960 . Mr. Stevens reported, in reference to the so-called Cataldo parking area, that the Boston and Maine directors voted to release parcel 3 from the various restrictions to which the Board has objected. He has asked to have Parking sent to him a draft of the instrument, together with a area draft pf t} e instrument by which they would convey to the Town that intervening strip and a letter from them stating they would go along with laying out of the drive- way across the tracks . He said, to avoid a delay, it would be well to have the checks ready, as he expects the paperwork to be cleared up this week. He stated that having the checks on the warrant for next Monday would not interfere with any Audgment the Board wished to exercise . Letter was received from Mr. Carroll, Town Clerk, with copy of letter and bill received from Frank Caprio, Claim 32 Rindge Avenue, Lexington, relative to damage to his car caused when he went over a ditch on Rindge Avenue . The claim was referred to Mr. Stevens , Town Counsel. At 8 :30 P.M. , the Planning Board, Messrs . Nickerson, Emery, and Ballard of theBoard of Appeals, Mr. Snow, and Messrs . Winslow, Hurd, and Fitzpatrick, representing MIT, met with the Board. Mr. Winslow presented maps and indicated property MIT Zoning owned by the United States Government and MIT. He also indicated a parcel of land MIT proposes to purchase and stated that MIT has a contract with Marie Maguire and Monsignor Maguire for the purchase of their land pro- vided satisfactory arrangements can be worked out with the Town. He said the agreement to purchase was very definitely contingent upon whether arrangements can be made with the Town. He stated that the difficulty on this is that to a certain extent some of it is top drawer or military secret, so the actual details of the activities are unknown even to him. He stated that they would like to erect a building here with a certain amount of office personnel and electronic development . It will be an of- fice building but there will be no towersand it is an expansion There is a pending contract with the United States which as yet has not been written. Everything, 233 however, has to go at once . He said it is definite enouwh so he i sure the contract will be signed be- tween the Air Force and MIT. He explained that there is a time limit if something can be worked out with the Town and they would like to start construction in January. Mr. George Hurd, associated with MIT as general counsel, explained that MIT is a non-profit educational institution, not on the same kind of contract that Raytheon has . He said the land is needed because of the demand fpr expanding facilities at the lab. He said he could not tell exactly what the space will be used* cover 80,000 square feet and will a shell type structure . It will be a one story buildingaand they will try to keep it somewhere in the area of the appearance of residences across the street. He said it would be used for office space, for certain kinds of research very, very important to national defense . He said there is no doubt about the importance of it. He said the use of the land will not be different from the use of the area around it. He said, having made a study of the Zoning By-Law, he thought this could be presented as a variance, that it certainly was for the public good and would not derogate from the general area. He said there is a question as to how to proceed if MIT is to obtain a variance, and while the land would be owned by a non-profit tax exempt institution, the building would be built by an industrial devabper. The land title would be MIT, but the ownership of the building would remain with the builder, and that being the case , he felt it would be tax revenue to the Town. He said the building would run in the neighborhhod of $1,000,000. The title of the building will remain in something other than a tax exempt institution. He said he did not know when, but it is conceivable that this land will eventually be taken by eminent domain, maybe ten years or fifteen years. He said there may be 200 or 300 people He said a study made before this meeting showed that about 10% of the people now employed live in Lexington. He mentioned traffic, and said that Hartwell Avenue , with the main entrance down below, would take some of the load off Wood Street . He said he did not know what the demand for services would be. There may be some problem with the sewage disposal, but they may have area for a leaching field. He stated that they know the setback, sideline requirements and parking requirements . He said that the Air Force will eventually take over, and it may be placed closer to the line than * for other than it will be extensive and will 234 is ordinarily possible . The Air Force will not object to MIT abutting their line . He asked if MIT should or should not ask for a variance of the side line require- ments. equire- ments. The Chairman asked if all Lincoln Laboratory was on government property, and Mr. Hurd replied that most of the buildings are on MIT property. Mr. Nickerson asked if the personnel was small in the building, and Mr. Hurd replied t}s t there is very heavy equipment in the buildings and the normal work- ing force at this would be 75 or 100 people . Mr. Fitzpatrick said there are offices in the main building but this would be a research type of use . The Chairman asked if the buildings were built with government funds and operated by Lincoln Laboratory. Mr. Fitzpatrick replied in the affirmative . The Chairman asked why the government was not buy- ing the land, and Mr. Fitzpatrick replied that there is a time problem. For the government to take land by eminent domain would take three years and MIT is talking about five or six months . He said the minute they start recruiting, the space must be available . He said eminent domain takes too long and as a matter of policy, they do not take land by eminent domain. He said this would be taxable property as he sees it . Mr. Winslow said he doubted if anyone would buy land abbtting Air Force land. Following a general discussion of the subject, true group left the meeting at 9:45 P.M. Mr. Stevens also left tb meet with the Planning Board. When he returned later in the evening, he discussed the MIT proposal and recommended calling a Town Meeting for a change in the Zoning By-Law and advised against a variance . Upon motion duly made and seconded, it was voted Town to call a Special Town Meeting for Monday, December 12, Meeting 1960, the warrant to be signed Monday, November 21, 1960 . It was further voted to have a closed warrant, this being the only article to be presented. Petition was received from the Boston Edison Company and the New England Telephone & Telegraph Company for j/o pole locations on Revolutionary Road. Pole Mr. Carroll explained that the petition was presented locations because Revolutionary Road formerly private is now a Town way, and he recommended approval. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the following j/o pole locations: 235 Revolutionary Road, southeasterly side, southwesterly from a point approxi- mately 170 feet southwest of Consti- tution Road, -- Four poles Revolutionary Road, northwesterly side , approximately 35 feet southwest of Constitution Road, -- One pole Letter was received from Mr. Mitchell J. Spirts, together with a list of thirty sidewalks for the Sidewalks Board to consider when expenditures for 1961 are dis- cussed. The Chairman read a letter from Thelma J. Wills, 98 Hancock Street, requesting removal of an elm tree at the end of her driveway, because it is difficult to get into her driveway particularly when snow is piled up around it . Mr. Carroll explained that this tree was posted and at the hearing, there was one objector. He ex- plained also that the Tree Warden decides whether or not a tree is to be taken down after a hearing, except when there is a written objection to the Board. The Chairman explained that she was opposed to taking the tree down. Tree removal Upon motion duly made and seconded, it was voted to defer action on the subject until the members of the Board have had an opportunity to view the site . Further consideration will be given to the request at the next meeting of the Board Mr. Adams brought up the subject of burning leaves on the street pavement, and the suggestion was made that the Fire Department , when issuing permits, could advise people not to burn on the street . Mr. Carroll said he was not concerned about the damage that might be caused, as he did not think it very serious . Messrs. Stevens and Carroll retired at 10:30 P.M. Application was received from Lex-Wood Poultry Farms, Inc . , for a license to store 1,000 gallons of Fuel Oil #2 fuel oil on premises at 170 Wood Street . The ap- license plication had been referred to Chief Engineer Belcastro. 236 Upon motion duly made and seconded, it was voted to grant a license toLex-Wood Poultry Farms, Inc . , for the storage of 1,000 gallons of #2 fuel oil in an underground tank on premises at 170 Wood Street. Application was received from Donald W. Birch, 23 Summer Street, Bedford, d o.b. November 6, 1942, for a Taxi Driver' s license . The applicant is em- License plpyed by the Lexington Cab Company and has taken the Lexington High School Driver' s Education course . Satisfactory character reference was received from the Chief of Police . Upon motion duly made and seconded, it was voted to grant the license Letter was received from Mr. Allan Green, Presi- dent of Brotherhood, Arlingtpn, Lexington, Bedford, Meeting Jewish Community Center, inviting a member of the Board to attend a dinner meeting on February 20, 1961 commemorating the occasion of Brotherhood Month . Mr. Cole agreed to represent the Board Further consideration was given to the New England Municipal Conference to be conducted December 1 by the Merchants National Bank of Boston. Conference The Clerk was instructed to submit the names of Mrs . Morey, Mr. Richards and Mr. Cole as members of the Board who may attend. Further consideration was given to the subject of precinct boundaries which are required to be reviewed by the Selectmen and revised, if need be , in December of every fifth year. It was agreed to appoint the following individuals as a committee to review the boundaries and report to the Board: Haskell W. Reed, Precinct 1 Lewis L. Hoyt, Precinct 2 Ralph H. Tucker, Precinct 3 Carl E. Bryant, Precinct 4 William E. Maloney, Precinct 5 Nathan B. Ricker, Precinct 6 Mr. Redd, representing Precinct 1, will be asked to call a meeting of the group. 237 Selectmenss Meeting -8- November 14, 1960 Thursday, November 17th, was tentatively set for a meeting with Mr. Donald K. Irwin, Building Inspector, for the purpose of discussing enforcement of the Zoning By-Law The meeting adjourned at 11:11 P.M. A true record, Attest: ,Exec t�'Clerkc Select a_ 1 I