HomeMy WebLinkAbout1962-01-08-BOS-min 238
SELE CTMRN' S MEETING
January 8, 1962
A regular meeting of the Board of Selectmen was
held in the Selectmen ' s Room, Town Office Building,
on Monday, January 8, 1962, at 7 :30 P.M. Chairman
Morey, Messrs . Adams , Ferguson and Cole were present .
Mr. Stevens , Town Counsel, Mr. Carroll, Superintendent
of Public Works , Mr. Staples, Executive Assistant, and
Miss Murray, Executive Clerk, were also present .
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen' s Meeting held
on January 2, 1962 as corrected.
Further discussion was held relative to a letter
Remote Mr. Nickerson received from the Federal Aviation Agency
Communi- pertaining to a Remote Communications Facility at 141
cations Spring Street .
Facility Mr. Stevens has requested, and expects toreceive,
additional information on the subject to present at
the next meeting of the Board .
Mr. Stevens reported that the M.D.C. water contract
with the Air Force has been redrafted with a couple of
changes and he expects it will go to the Commission on
Thursday.
Mr. Stevens suggested that the Board have in mind
Article an article to authorize the Selectmen to dispose of a
small parcel of land off Follen Road adjacent to the
Moulton land .
Letter was received from the Collector of Taxes re-
questing approval of a bond on behalf of Julian Roberts
whom she has appointed Deputy Collector for 1962.
The Chairman called attention to the item of Dis-
Bond crepancy - Former Deputy Collector shown on the Ac-
countant ' s balance sheet in the amount of $1,376.86.
Mr. Stevens advised that the Board could vote to
abate the balance being carried and charge it to the
Reserve Fund . He agreed to discuss the subject
with the bonding company and report to the Board.
Upon motion duly made and seconded , it was voted
to approve bond #65 65627 in the amount of $2500 on
behalf of Julian Roberts, Deputy Collector, the Clerk
to find out if MLr. Roberts is any relation to the
c'd'ic?1:1
former deputy collector, if there is any other deputy
collector, how much he is given to collect and what
he is paid .
The Chairman referred to the report relative to
the persons or firms, as listed in Mr. Donald Grant ' s
letter of December 4, 1961, who appear to be in violation
of the Historic Districts Act. Violations,
Mr. Adams reported that he talked to Mrs . Anna E. Historic
Phillip 's son who said he was going to apply for a District
hearing to maintain the present sign. Act.
Mr.Stevens expects to obtain additional data as
to the ownership of the parcel of land upon which
the Lexington Nursery & Garden Center now maintains
a sign.
Mr. Carroll reported that he had talked with Mr.
Richards who expects to have some information by B. J. Penta-
Wednesday relative to B. J. Pentabone Company. He . bone , low
also reported that Ithitman & Howard has been trying bidder
to obtain a certified financial statement but has
been unsuccessful. They do have a letter from the
bonding company stating that a bond will definitely
be written, and he is going to write them this week and
ask for a December 31, 1961 balance.
Mr. Carroll , suggested that the Board write a letter
stating thus far it has beanunable to obtain the in-
formation requested by Whitman & Howard, and if it is
not received by a certain date, the Board would award
the contract to the second low bidder .
Mr. Stevens advised that a letter could be sent
by the Superintendent of Public Works stating that
Whitman & Howard has had no satisfactory answer to
questions and has asked for a certified balance sheet
as of; Decethber 31, 1961, which has not been received
and it is imperative that this balance sheet be re-
ceived immediately, together with whatever else has
been asked for, and ask to have the informacion furnished
by such and such a time as the matter of awarding the
contract will be acted on by the Selectmen on January
15 .
Mr. Ferguson explained that it is very difficult
to obtain an end of the year certified balance sheet
and further that the situation may change the day after
the balance sheet has been prepared. He said the main
concern seems to be whether or not the concern has
sufficient capital to enable it to do the job and the
other is whether or not it has enough equipment .
Mr. Carroll reported that 'whitman & Howard thinks
the company is capable of doing the job but wants to
make certain if it is financially able .
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Mr. Ferguson suggested that a check be made where
Pentabone is going to finance the job, then call the
bank and ask if it would agree to carry him. He said
the bonding company can tell anything the Board wants
to know.
Mr. Adams said that the Board has asked Whitman &
Howard for a report, and in the past has made decisions
on the basis of their reports . In this instance , he
thought it was proper for the Board to write to Pentabone
and ask them to provide any information Whitman & Howard
seeks .
Mr . Carroll pointed out that a decision will have
to be made next Monday night .
Mr. Ferguson said he thought the Board should ask
Whitman & Howard to make a recommendation .
The Chairman said that Mr. Richards is having a
check made and Whitman & Howard would have some in-
formation for next week . She suggested holding the
subject over until the next meeting.
Mr. Stevens said that he thought Mr . Carroll could
write whatever letter the Board thought necessary.
Mr. Carroll reported that he met with Mr. Edward
Burns and Mr. Stevens, of the Battle Green Inn, relative
to the sidewalk and Treed on what repairs should be made
Sidewalk to the sidewalk. He said that he received a letter from
them dated January h, 1962 stating that as soon as the
weather permits, they will correct the condition of the
sidewalk as outlined by Mr. Carroll.
Mr. Carroll reported that he and Mr. White had been
oing over the carryover balances , one of which is
9,312, appropriated in 1957 for the Baskin playground
Carryover area . He said in all this time the only thing he knows
balances of that has been done is a plan made by Miller and
Nylander three or four years ago.
The Chairman said the Planning Board has in mind
acquiring another parcel of land on Grove Street after
the completion of Route 128 as another access from Grove
Street.
Mr. Stevens advised that it would be better to
have a separate article to acquire that parcel.
The Chairman said this subject should be discussed
with the Planning Board because that Board is very in-
terested in a second access to the playground.
Mr. Carroll referred to the land takings made by
the State on Route 128 and said an offer totalling $695
had been made for anumber of parcels . He said he had
listed all the lots, State parcel numbers, assessed
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valuation of the lots, etc. He figured the damagec'to
be $3,198.50. He reported that the State offered $$125
on the area taken from the Baskin playground and the
appraisal made by Mr. Harry Berglund was $1833.
Mr.Stevens explained that the law has been changed
and as he understands it, now thedanage has to be worked
out with the Attorney General' s office . He said he would
review the statute and he thought Mr. Berglund or someone
could check these and the Board could then proceed. He
said he would review the statute and then talk to Mr.
Carroll.
Further action was held over until the next meeting
of the Board .
Mr. Stevens retired at 8:30 P.M.
Mr. Carroll' s preliminary budget estimates on streets
to be constructed was discussed.
Mr. Carroll recommended holding the construction of
Cutler Farm Road over until the sewer is installed in Budgets
1963 . He said he would not recommend an expenditure of
funds for a dry sewer for a period of only one year .
Upon motion duly made and seconded, it was voted
not to construct Cutler Farm Road in 1962.
Mr. Carroll said that before Edna Street is con-
structed, water and sewer must be installed. He re-
ported that the area has been upgraded and he would like
to see the street constructed.
Mr. Adams mentioned that no houses are built and
he would prefer to defer construction giving preference Edna Street
to streets upon which houses have been built .
Upon motion duly made and seconded, it was voted
not to construct Edna Street in 1962 .
Upon motion duly made and seconded, it was voted
not to construct Judson Road until the sewer is in- Judson Road
stalled in 1963 .
Mr. Carroll said he definitely recommended con-
struction of Justin Street .
Upon motion duly made and seconded, it was voted Justin Stree
to include Justin Street in the list of streets to be
accepted and constructed in 1962.
Upon motion duly made and seconded, it was voted
not to include Old Shade Street in the list for 1962, Old Shade
the petition never having been returned by the abutters . Street
Upon motion duly made and seconded, it was voted
to include Rindge Avenue in the list of streets to be
accepted and constructed in 1962.
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Upon motion duly made and seconded, it was voted
Parbell "Ave. to include T°arbell -AvenB in the list of streets to be
accepted and constructed in 1962.
Upon motion duly made and seconded, it was voted
Sheridan St . not to include Sheridan Street in the list for 1962,
the petition never having been returned by the abutters.
Upon motion duly made and seconded, it was voted
Tucker Ave . not to include Tucker Avenue in the list for 1962, the
petition never having been returned by the abutters .
Upon motion duly made and seconded, it was voted
Winn Ave . to include Winn Avenue in the list of streets to be
accepted and constructed in 1962.
Mr. Carroll reported that Winthrop Road will have
a subdivision built off it and he thought the road
should be constructed.
Mr. Adams said it would be for the good of the Town.
Mr. Ferguson felt that if the street is built, it
will make a runway channeling traffic to Winthrop Road
and Highland Avenue and he thought it would be doing
the Town an injustice .
Mr. Carroll explained that the subdivision has been
approved and there will be a:enumber of homes constructed
and acceptance of this street will be postponed only for
another year .
Winthrop Rd. Upon motion duly made and seconded, it was voted to
include Winthrop Road in the list of streetssto be ac-
cepted and constructed in 1962.
Upon motion duly made and seconded, it was voted
not to include Young, Third and Fourth Streets in the
list for 1962, the petitions never having been returned.
Upon motion duly made and seconded, it was voted
to include Lexington Avenue , Locust Avenue and Richard
Lexington Ave. Road in the list of streets tobe accepted and constructed
Locust Ave .& in 1962.
Richard Road The total amount approved was $100,550.
At 8:55 P.M., the following members of the Capital
Expenditures Committee met with the Board: Chairman
Noyes, Messrs . Garay, Longley and Mrs . Souza.
Mr. Noyes reported that he has $150,000 a year for
1962 through 1966 for Worthen Road, paying for the
extra cost of providing for the width of the road for
hecessary crossovers .
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Under Chapter 90 construction for 1962 he has
S55,000 which is up $5,000 from the planning he had
for last year and 1963, 64, 65 and 66.
Mr. Carroll explained that it is to complete
Concord Avenue from the Blemont line to ,Route 2.
Mr. Noyes asked if the figure for street acceptances
mentioned this evening was a firm figure .
Mr. Carroll replied that it could be less on Richard
Road, Lexington and Locust Avenues as it may be decided
to just resurface them.
It was agreed to carry the next four year figures on
street construction at $150,000.
Mr. Noyes said that sidewalk construction re-
mains at $50,000 .
Mr. Carroll reported that he has about fifty streets
for which the School Department has requested sidewalks .
Mr . Ferguson said a more realistic figure would be
$75,000. _
The amount of $50,000 was suggested and it was
finally agreed on $60,000.
Mr. Noyes referred to the 24" sewer main from
Pleasant Street to Woodhaven at $584,000.
Mr. Carroll said the most critical area in need
of sewer in the town is the Woodhaven area and explained
that the first phase would carry it to the middle of Sewer
the swamp behind the Follen Road area. He explained
that if the project is done as one operation, the Town
will receive a better price for construction because
it will be about one-half a million dollar job, and
the entire job would be in the spring of 1963 and there
would be no capital outlay for 1963.
The Chairman suggested that sufficient funds be
provided to take the main up to the edge of the C3
zone .
Mr: Carroll said he would have to study this more
carefully.
Mr. Noyes explained that they still have the MDC
sewer now moved to 1964 and the trunk sewer along Route
128, Ml Zone to 3ates Road moved from 1964 to 1965.
Mr. Carroll stated that he has requests totaling
$330,000 for sewer laterals.
It was agreed that the Board would obtain more
information pertaining to school sites, Assessors, and
the relocation of the center field facilities .
The group retired at 9:50 P.M.
Mr. .Alfred P. Tropeano met with the Board, and
stated that he had three itesm to discuss . He re-
244
ferred to his request of October 23, 1961 for the
installation of a sewer to serve Lot E on Waltham
Sfreet. He said the suggestion made at the time
by the Board was not practical for several reasons .
He cannot get a percolation test because the lot is
within 200 feet of a sewer and the Board of Health
will not approve it . Furthermore , to bring the
Sewer sewer from Worthen Road will involve a distance of
about 175 or 180 feet which he indicated on a plan.
He pointed out where the Town sewesr ends and stated
that he would be willing to put a sewer in from that
point and pay the complete cost, and anytime the Town
wanted to assess betterments across the street, it had
the right to do so. He explained that the abutters
will not sign for the installation of the sewer be-
cause they do not want it.
Mr. Ferguson explained that the Board did not want
to force a betterment on the abutters and that Mr .
Tropeano' s suggestion seemed reasonable to him. He
asked if 147 . Tropeano was willing to pay the entire
cost and give the pipe to the Town. Mr . Tropeano re-
plied in the affirmative .
Mr. Carroll said he could not see any objection
if Mr. Tropeano would pay the cost of an 8`T sewer .
Mr. Tropeano said he wanted an article inserted
in the warrant for reimbursement on Worthen Road and
Article stated that the amount could be left blank just as
Worthen Rd. long as the article is in the warrant to start the
necessary legislation.
Mr. Tropeano said he wanted an article inserted
in the warrant releasing an easement on Lot 8, Poulter
Road. He said, as he recalled it, the plan referred
to it as a sewer and drainage easement but the taking
document refers only to a sewer easement.
Article The Chairman said she thought this was something
easement that Mr. Carroll should discuss with the Town Counsel
and if it is feasible , the Board will include an
article in the warrant .
Mr. Tropeano mentioned Mr . Busa' s culvert in East
Lexingtonand the Chairman said that if he wanted to
discuss this subject, the Board would have to review
Busa it .
Culvert Mr. Tropeano explained that Mr. Busa wants a con-
tribution from the Town .
Mr. Ferguson asked how much he wanted and on what
basis .
245
Mr. Tropeano replied that there never was any
definite agreement of what the Town would pay or
would not pay, and Mr.Busa said it should be on a
fifty-fifty percent basis . Mr . Tropeano said he
knew this could not be .
Mr. Ferguson said he thought there was sone
question relative to the size of the culvert.
Mr. Tropeano said this would also require an
article in the warrant .
Mr. Ferguson suggested that Mr. Tropeano look
into the matter further and then submit a definite
request to the Board.
Mr. Tropeano retired at 10:20 P.M.
Mr. Arthur Burrell, Director of Civil Defense ,
met with the Boad . He stated that the problem
about which he is concerned is where the entire Civil
Defense program is going and this is something for the
Board to decide and how much support it is going to
lend. Civil
Mr . Adams said he did not think the Board should Defense
enforce Town departments to compliance .
Mr. Burrell said that may be so but the nucleus
of any organization must be built around the existing
employees and unless the Board assigns a certain amount
of responsibility to each employee , nothing will be ac-
complished.
Mr. Adams explained that he was not arguing against
it but felt that a good working team cannot be formed
by force .
Mr. Burrell said that the Board would have to de-
cide whether or not it wants to continue with a Civil
Defense program.
Mr. Cole felt that the Board should make it imperative
that every Town employee has a definite job to do and if
it takes an order, then the Board should issue an order ,
He said there should be a definite plan of what the de-
partment is aiming for, there should be a full-time
director and some secretarial help. He said blast
shelters are needed, space is needed for the government,
sufficient enough to provide for the care of fifty people
which would include clergymen and medics.
The Chairman mentioned that the Town Meeting in
November had voted against such a program.
Mr. Burrell said if the Board of Selectmen could not
arrive at some decision, the program could not be sub-
mitted to a Town Meeting and he thought the program was
technically feasible. .
Mr. Ferguson inquired about the duties of the two
246
,,x,y
employees mentioned for Civil Defense, and Mr. Burrell
replied that if there is any type of a training program,
there will be records to be maintained and the Town has
equipment that should be kept up to date . He said there
is a great deal of typing and answering various questions
over the telephone . He said some days there are ten or
twelve calls and other days only one or two. He said the
federal shelter program will incur a great deal of work.
Mr. Ferguson asked if it could be taken care of if the
Board were to say that the typing and clerical work could
be taken care of through sore other means than employing
a girl for Civil Defense .
Mr. Burrell replied that he doubted if it would take
care of it because there is enough work to keep one girl
busy.
Mr. Adams said that whatever is recommended to Town
Meeting must be acceptable .
The Chairman suggested not bringing these items up
at the next Town Meeting. She said she thought it was
too soon after the defeat of the Civil Defense and it
might be better to wait until there had been an edu-
cational program.
Mr. Burrell suggested that the item of $3900 in
his budget for emergency repairs in Cary Building be
carried in the Public Works budget.
Mr. Burrell stated that he has not submitted his
budget to the Appropriation Committee and asked the
Board of Selectmen to advise him what it wants to do.
Mr. Burrell retired at 11:30 P.M.
The Chairman read a letter from the State Depart-
ment of Public Works advising that Chesterbrook Con-
struction Co. , Inc . has requested an extension of time
on its Chapter 90 contract . The Commissioners recommend
Extension an extension to May 15, 1962.
of time Upon motion duly made and seconded, it was voted
to extend the time for co-ipletion of Chesterbrook Con-
struction Company' s contract to May 15, 1962.
The Board gave further consideration to an offer
of y$5,000 for lot 11, part of 10, lots 22, 23, 24,25,
69, 70 and part of 71 on Sylvia Street submitted by
Tax title Valeri Construction Co. , Inc. A proposal to sell
these lots was advertised in the December 28, 1961
issue of the Lexington Minute-man. Mr. Joseph F.
O'Connell, an abutter, came into the Selectmen' s office
and looked at the proposed combination of the lots .
Upon motion duly made and seconded, it was voted
to sell the lots, to be combined as shown on the sketch
submitted by the purchaser for $5,000 plus any better-
ments .
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Letter was received from the Board of Assessors
requesting the insertion of an article in the warrant Article
for an appropriation of x530,000 for payment in 1962
of the expert appraisal of real estate .
Letter was received from the Junior Chamber of
Commerce requesting the Boa' d to issue a proclamation
relative to Jaycee Week. Proclamatior
Upon motion duly made and seconded, it was voted
to issue a proclamation for the observance of Jaycee
Week, January 20 - 27.
Upon motion duly made and seconded, it was voted
to grant the following licenses : Licenses
Anna E. Philips 29 Depot Square Common Victualler
Michael F. Zirpolo 1720 Mass: Avenue Common Victualler
Battle Green Inn, Inc. 1720 Mass . Avenue innholder
Invitation to attend Installation of Officers was
received from the Lexington Marine Corps League .
If possible, Mr . Cole- will represent the Board.
The meeting adjourned at 11:55 P.M.
A true record, Attest:
'EKxecutive/Cle rk, Selectraen
Mark C. Aldrich 14 Cliffe Avenue Taxi Driver
Peter A. Fitzpatrick 15 Hathaway Road t0