HomeMy WebLinkAbout1958-01-20-BOS-min 20.8
SELECTMEN'S MEETING
January 20, 1958
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A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday evening, January 20, 1958 at 7:30 P.M. Chair-
man James , Messrs. Reed, Maloney, Tucker and Mrs. Morey
were present. Mr. Stevens, Town Counsel, Mr. Gayer,
Superintendent of Public Works , aid the Executive Clerk
were also present.
Mr. Stevens had a copy of the garbage contract
with proposed changes introduced by Mr. Gayer. He
explained that one of the important changes was that
the contractor be required to collect once a week rather
Garbage than twice a week as is required in the present contract.
contract He explained that there also has been a broadening of
the prohibitive materials to include lobster shells.
The Chairman asked if the contract prohibited use
by householders of paper bag liners.
Mr. Gayer replied that he did not think the con-
tractor would object to paper bag liners.
Mr. Stevens explained that the contract would en-
able householders to use them.
The Chairman ask how lobster shells would be dis-
posed of and Mr. Tucker asked what the contractor's ob-
jection to them ib.
Mr. Gayer replied that it has something to do with
feeding the hogs.
Mrs. Morey said that with once a week collection,
people could not put lobster shells in the garbage pails
and they would have to be permitted to take them to the
dump.
Mr. Gayer mentioned checking with the Board of
Health to see if there would be any objection from
a health standpoint, and the Chairman explained that any
objection would be theoretical.
Mr. Stevens said the Board would have to decide
whether or not it was going to exclude the paper liner
or permit it.
Mrs. Morey said that as she recalled, the con-
tractor had no objection to the paper liners.
Mr. Stevens said that the contract would have to
be written so it would be perfectly clear.
Mrs. Morey suggested that placing the word paper
at the end of the paragraph which would read "paper,
other than bags containing garbage."
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Mr. Reed suggested that clam shells, oyster shells
and lobster shells be left out of the contract.
Mr. Tucker asked what could be done if householders
persisted in putting shells in the garbage and Mr.
Stevens replied that it would not be collected.
Mr. Tucker asked what the householder would do with
the garbage.
Mr. Maloney said he thought the contract should re-
main as it is except for the suggestion made by Mrs. Morey
about paper.
It was agreed not to make any changes in item five
of the contract, which refers tO contract sum.
Mr. Reed said he thought the Board should be able
to enforce seven day collection, and Or. Stevens said that
perhaps it should be spelled out. He gguggested that the
contract be drawn collections to be/M8 in each calendar
week.
Mr. Tucker suggested changing the contract to once
in every seven days instead of once in the calendar week.
Messrs. Allen, Ferguson, Wells, Kelly and Mrs.
Wanless, of the Recreation Committee, met with the Board.
Mr. Allen explained that the Committee requested
an appointment with the Board because the Appropriation
Committee refused to transfer $5,000 for necessary
materials for the swimming pool.
The Chairman explained that the Committee could
include the item in its budget and let Town Meeting
vote on it.
Mr. Wella epresaed some doubt whether or not Town
Meeting would approver it and the Chairman explained that
it would be a clear expression of the Town Meeting that
they did not want it. Recreation
Mr. Reed asked if he felt it would be defeated at Committee
Town Meeting and Mr. Wells replied in the affirmative.
Mr. Maloney said he did not think it would be de-
feated as it could be explained. He said he thought
the Appropriation Committee refused to make the trade-
fer because themmembers may have felt it was too large
an item to approve.
The Chairman explalpgd that theoretically the
Reserve Fund is to be/ddly for an emergency or some-
thing unforeseen at the time of the Town Meeting.
He said, reading into their opinion, that since this
equipment deteriorated to such an extent it must have
bees. nearly in that condition at the time of Town Meeting
and therefore should have been recognized and an appro-
priation requested at that time.
Mr. Allen explained that it was only called to
11 his attention last Summer and they did the best they
could for the Summer. He said if the money is appro-
priated it can't be spent until five days after the
Town Meeting, and the equipment people have advised
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that if an order is not placed, the equipment will
not be available .
Mr. Stevens said that the Committee would have
to wait until the adjournment of the Meeting.
The Chairman explained that if this item is part
of the Expense budget and brought the budget up to
$20,000, it would be subject to referendum.
Mr. Kellyasked if any other appeal could be made
to the Appropriation Committee, and the Chairman ex-
plained that the money is not now available..
The Chairman said he thought this was regular
equipment but the manufacturer might have a backlog
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of orders.
Mr. Reed suggested that the Committee discuss
the item with the Appropriation Committee and said
that if the Committee, the Selectmen and the Recrea-
tion Committee were in favor, he doubted if Town
Meeting would refuse it.
Mr. Reed said that the Building and Plumbing By-laws
might prolong the meeting for several weeks and he
thought it would be advisable to hold a Special Town
Meeting for the By-laws at which time the swimming
pool equipment could be acted on.
The Chairman asked how soon a Special Town Meet-
ing could be held if the Board decided to call one
and Mr. Stevens replied that he could not give an
answer on that now.
The Chairman said it looks like the Board's pro-
blem to decide whether it will call a Special Town
Meeting or not prior to the Annual Meeting, to in-
clude this item.
Mr. Reed asked if the peel could operate, and Mr.
Allen replied that it may.
Mr. Reed asked if there was any possibility that
it wouldn't, and Mr. Allen replied that there is a
very good chance it won't.
Mr. Allen said the Committee would like a passage
way into the Balskin playground. He said there is natural
skating there now and the childreh are going over private
il'roperty or climbing through brush, and the neighbors are
complaining, He said the Committee would like to get a
road cut through, and it understands the Selectmen have
some very definite ideas about the property.
The Chairman said that the Board has only discussed
a preliminary plan Mr. Gayer presented about a year ago,
just a sketch of what he thought might work out there
and something to start discussions. He said the Board
had discussed the fence along Route 128 and the feet
that it it in such a bad state that something should
be done about it.
Mr. Allen said the Committee would notify the State
as it is the State's responsibility.
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The Chairman explained that Route 128 is going to
be widened and the Board did not want a fence in there
if the Town is going to put in any fill.
Mr. Allen said that for safety, the fence should be
there and if it is down, the State whould be notified.
Mr. Reed explained that the Selectmen had given
Mr. Gayer orders not to put a road down there.
Mr. Allen explained that the Committee does not
want a road, Just a passageway.
Mrs. Morey said that until such time as there is
a safety fence , and until such time as the Town has made
it a desirable place, the Board did not want to encourage
a large number of children going in- there. She said at
present it iaaswampy area and not particularly safe.
She said Mr. Gayer would help get the drag line.
Mr. Wells asked what the drag line is for and the
Chairman said that apparently there isatill some- con-
fusion regarding responsibility. He said the discussion
relative to the drag line goes back a year ago, when
Mr. Gayer said he could put in a drag line and pub some
of the fill from the higher area into the low area.
He said he did not expect Mr. Gayer would be doing any-
thiing until some plan had been approved for development
of the property.
Mr. Reed explained that the Baskin playground is
not part of the recreation program until it is developed.
Mr. Ferguson said that the Committee asked for a
passageway without going over private property.- Mr.
Gayer said he could not do it and the Selectmen say he
should not do it. Now someone is talking about a drags
line. He said the Committee would like an oOnion as
to whether or not the skating area would be available.
He said the Committee is not $ar enough along to be
thinking about drag lines,
Mr. Maloney mentioned that there is *10,000 avail-
able for improvement of the area, and it is his under-
standing that the Recreation Committee would get plans
and the Selectmen would spend the money. He suggested
that the Recreation Committee proceed to get plans and
submit recommendations to the Board of Selectmen.
Mr. Wells asked what the Selectmen would do if the
Committee should say that there should not be any money
spent in this area.
The Chairman explained that Town Meeting accepted
the land as a playground and the $10,000 was appropriated
to improve it so it could be used.
Mr. Kelly asked if the Baskin land could revert
to the family.
Mr. Stevens explained that the'-transfer was for
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playground and recreational purposes and it must be
made available.
Mr; Tucker suggested that the Recreation Committee
make some recommendations.
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Mr. Reed agreed and said that the area should not
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be used for recreation at the present time, and it is
not the Recreation Committee 's responsibility now.
Mr. Allen said he would like to have it made
clear so that townspeople will not be calling thi
Recreation Committee.
Mr. Maloney explained that people should be told
that nothing has been done about the area and if people
call about trespassing, it should be brought to the
attention of the Board of Selectmen or the Police
Department.
Mr. Allen said it is not just the Baskin property
but also the sandpit.
The Chairman suggested that it might help the
Committee to have a list of the Town facilities the use
of which is the Committee 's responsibility.
Mr. Ferguson said that he thought everyone was
trying to do the right thing but he thought it was a
shame not to cut a path through so the children can
skate. He said if there is good ice, every child in
the neighborhood is going skating.
Mr. Tucker said it was his recollection that the
Recreation Committee was going to come in with recom-
mendations on the Baskin area.
Mr. Maloney explained that the *10,000 was to
be spent for use of Town equipment when it was not
busy so that the Town would realize more for its money.
Mrs.. Morey pointed out that the State fence goes
through the best part of the skating area and it now
stands in water. If Rpute 128 is widened, it might
change the skating area because it will fill in over
toward that fence and the shoulder will go down to
where the fence is. She said she thought the Town
should proceed slowly until the engineering work has
been done.
Mr. Maloney agreed that the Town should move
cautiously and said that a suitable fence that the
State would erect up there would cost several thousand
dollars.
Mr,. Ferguson said, going back to the sandpit, the
Committee 's responsibility is to get plans and then
submit recommendations to the Board as to what should
be done and what it would cost.
Mr. Alleneeked what is the proper department to
flood skating areas such as the Adams School.
The Chairman explained that the Fire Department
can be ordered to flood thW area by the Committee if it
is an established Town Recreation area. However, the
Public Works Department should be advised also because
it has to protect the hydrants from freezing.
Mr. Ferguson said that the Committee had talked to �.
Mr. Gayer who agreed to work with the Committee.
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Mr. Allen said if the Committee calls Chief Cook,
he does not have authority to flood, that it must come
from the Commissioners.
The Chairman said that if the Committee called
Mr. Gayer, the flooding would be done.
The Recreation Committee retired at 9:00 P.M.
Further consideration was given to Mr. Paul
McCprmack's letter with reference to a right of way
from Lowell Street to the Harrington School property.
Mr. Stevens explained that the Town Meeting
vote and the deed were both clear. The strip going
out to Maple Street was included in the fee. The
Town conveyed by the plan but on the plan it was
shown as A or parcel A so the 'people in the public
Works Department forgot it was a right of way, be-
cause the plan did not state right of way.
Mrs. Morey left to attend a meeting with the
Planning Board at 9:10 P.M.
Mr. Stevens said that John Carroll is under McCormack
the impression that Mr. McCormack just wanted to claim
have something on record. He said he thought per-
haps the Planning Board should be asked what it has
in mind.
Mr. Stevens said that the Town has the right tb
pat: up light poles to light the right of way and
stated that he would call Mr. McCormack and ask him
just what he is talking about.
Memorandum was received from the Massachusetts
Selectmen's Association with reference to H-1389, a
bill to make uniform the use of the referendum on all
appropriations over $20,000 in all towns and S-318
a petition for legislation to provide for the safety Bills
and convenience of patrons on the Massachusetts Turn-
pike.
Mr. Stevens said he would take a look at the bills.
Resolution was received from the Middlesex County
Selectmen's Association with reference to a Metropolitan
police force. Resolution
The resolution was taken by Mr. Maloney who agreed
to obtain more information on the subject.
Notice was received from the Bureau of Accounts
advising that there has been processed for payment to Chapter
Lexington a check in the sum of $39,000 representing 718 Funds
in whole or in part Lexington's apportionment from
the highway bond issue voted by the General Court
under the provisions of Chapter 718 of the Acts of
1956.
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The Chairman read a letter from the Town of
Burlington with reference to an agreement between
the Burlington Water District and the Town of Lex-
Burlington ington, signed December 27, 1955. At the time the
Water agreement was signed, it was agreed that use of water
would be limited to 12 residences on Muller Road. The
Commissioners requested permission to substitute a
new residence for tone of the existing residences, at
the same time maintaining the agreement as to the
total limit of 12 services.
Neither Mr. Stevens nor the Board were in favor
of granting the request.
Further consideration was given to Mr. Corrigan's
letter with reference to R. H. Stevens ' bill in the
Corrigan amount of $4,354.44, which, the Chairman explained,
water & is for extra sewer and water work on Worthen Road.
sewer bills Mr. Stevens seated that there was to be some
contribution made for the extra size pipe and the
Chairman explained that the amount had been deleted.
It was agreed to return the bill to Mr. Corrigan
and point out what was set forth in the Board' s letter
to him of October 7, 1957.
Mr. Stevens retired at 9:50 P.M.
Petition was received from the Boston Edison Coes-
pany and the New England Telephone and Telegraph Company
for location of four poles, guy wire and anchor on the
Pole lturth pole on Leonard Road.
location Upon motion of Mr. Reed, seconded by Mr. Maloney,
it was voted to grant the petition and sign the order
for the following pole locations:
Leonard Road, easterly side, northerly
from a point approximately 125 feet
north of Woburn Street, --
Four poles
Guy wire and anchor on the Dlarth
pole.
Letter was received from the State Department of
Public Works advising that the tentative 1958 Chapter
W90 allotments for Lexington-are :
Project State Town County,
Concord Avenue $18,500 $9,250 $9,250
Maintenance 1,500 1,500 1,500
The Chairman read a letter from the Boston Edison
Company to Mr. Gayer relatifs to relighting the inter-
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section of Bedford Street and North Hancock Street and
the proposed lighting at the rear of the New Town Of-
fice Building. The Annual increase in operating cost Street
to the Town would be $135.60 for Bedford Street; $24.60 lighting
for North Hancock Street and $175.20 for the rear of the
Town Office Building, a total of $335.40.
The Board was in favor of all the recommendations
and it was agreed to include an item in the 1958 budget,
Letter was received from the Lexington Food Market
complaining about the snow removal in the parking area
at the rear of the store. Snow
The Chairman explained the snow removal crew was removal
aware of the situation and took care of it after the
letter was written.
Letter was received from George S. Wally's, 75
Bertwell Road, cpgmeending the department of Public
Works Xbrazow removal operations following the last
storm.
Letters were received from Paul J. Erickson,
49 School Street and Frederick B. Lewis, 1 Pioneer
Road, Arlington, complimenting the Police Department
IIfor assistance rendered.
Vpon motion of Mr. Reed, seconded by Mr. Maloney,
it was voted to approve Surety Bond on behalf of Bond
Frederick G. Wright, as Deputy Collector, in the
amount of $3,000 for a period expiring December 31,
1958; said bond having also been approved by the Com-
missioner of Corporations and Taxation.
Letter was received from Daniel A. Black, Presi-
dnet of the St. Brigidts Holy Name Society, request-
ing pereission to set/auPrefreshment stand April 19th
" off the sidewalk on Massachusetts Avenue at Emery Park.
It was agreed not to grant any permits until more April 19th
definite information is received relative to the pro-
gram proposed for this year; the Society to be advised
that it will have first refusal of this particular
location if it is to be made available .
Letter was received from Mr. Snow with reference
to recreational area and landscape development.
Mr. Reed said that he thought the Board should
receive some expression from the Recreation Committee $iiriegg4"
before approving Mr. Snow's recommendations. meat
The Chairman said that the Selectmen do not have
time to devote to the program outlined by Mr. Snow,
and if the Planning Board and Recre tion Committee are
in favor, he would not have any objection.
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Mr. Reed said he would like to Make sure that the
Recreation Committee is agreeable to the proposition.
Report of the examination of the Lexington Con-
tributory Retirement System, as of December 31, 1956,
Report was received from the State and it was suggested that
the Chairman discuss it with the Town Accountant.
Letter was received from Denis Fullerton, 2400
Massachusetts Avenue, requesting that a •ewer con-
nection be made to his house from Estabrook Road.
Request Memorandum was received from Mr. Gayer advising
for sewer that the sewer line would have to be extended in an
easterly direction on Massaehuse*ts Avenue from the
intersection of Estabrook Road and Massachusetts
Avenue. Only one house can be Bewared it the main
is extended at a great coat through ledge on Esta-
brook Road.
1t was agreed to advise Mr. Fullerton, at Mr.
Gayer's suggestion , to submit a request signed by
him and neighbors on Massachusetts Avenue for the ex-
tension of the sewer main. Upon receipt of same, an
estimate of cost will be prepared for the property
owners to sign which will be considered as a 1959
budget item.
Upon motive of Mr. Reed, seconded by Mr. Maloney,
it was voted to sign Notices of Intention to lay otttt
the following streets: Asbury Street, Blueberry Lane,
Dane Road, Demar Road, Fairlawn Lane, Fiske Road, Flintlocks
Layouts Road, Foster Road, Locke Lane, Mason Street, Peacock
Farm Road, Pelham Road, Redcoat Lane, Russell Road,
Stonewall Road, Trotting Horse Drive, Tuning Mill
Road, Tyler Road, Westwood Road, Wheeler Road, Whipple
Road, Constitution Road Ellison Road, Greenwood Street,
Leroy Road, Roosevelt Road, Sherburne Road, Stin*on:
Avenue, Theresa Avenue, Winter Street and Winthrop Road.
The meeting adjourned at 10:30 P.M.
A true record, Attest:
X(` xe tivler , Selec en
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