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HomeMy WebLinkAbout1962-08-06-BOS-min 0"C SELECTMEN'S MEETING August 6, 1962 A regular meeting of the Board of Selectmen was held in the Selectmen 's Room, Town Office Building, on Monday, August 6, 1962, at 7:30 P.M. Chairman Adams, Messrs. Richards, Cole Burnell and Brown were present . Mr. Stevens, Town counsel, Mr. Carroll, Superintendent of Public Works, Mr. Staples, Executive Assistant, and Miss Murray, Executive Clerk, were also present. Mr. Thomas Moon, President of the Gridiron Club of Lexington, met with the Board. He explained that the Club is a group of men interested in the physical and mental welfare of the children in Town and not necessarily just high school students. The Club would like to donate a Football Scoreboard for the High School Varsity Football Field, and has tentatively ordered it, depending on whether the Board accepts or Football rejects the offer. He explained that the board would Scoreboard be electrically controlled with lights and would be operated from the new press box which is being put up on the stands . He reported that Mr. Abell had dis- cussed the subject with Mr. Sparrow who said he would see to it that a responsible individual would operate the board. He explained that the Town would only have to install and maintain the board, and the Club would like to have it installed as soon as possible. The Chairman inquired about the cost of installation and Mr. Moon said he did not have those figures but the board itself will cost the club about $1800. The Chairman asked if it would require a vote of a Town Meeting, and Mr. Stevens advised that he did not think so on this particular item. The Chairman said he thought the Board was in favor, but felt some definite installation figures should be obtained before making a decision. Mr. Moon said he would stop in at the next meeting of the Board for the Board's answer. Mr. Moon retired at 7:40 P.M. Mr. J. H. McManus, Treasurer of Brewster's Incorpo- rated, 2) Needham Street, Newton Upper Falls, met with the Board relative to his application for a Sunday Sales license to do business at 913 Waltham Street . The Chairman explained that Mr. Brewster had dis- cussed the subject with him and he referred the matter to Town Counsel. Mr. Stevens reported that he has not been able to secure a copy of the recent Sunday Laws . The Chairman said Mr . McManus wanted to sell hot dogs and sandwiches, as well as ice cream, on Sundays and asked when the stand would be opened. Mr. McManus replied that he hopes to open the fifteenth of August . The Chairman said the Board would have to check further, and if possible, issue a license before the opening date . Mr. McManus retired at 7:45 P.M. Upon motion duly made and seconded, it was voted to grant a Common Victualler license to Brewsterts Common Viet . Incorporated to do business at 913 Waltham Street . license Messrs . Stevens and Carroll retired. Chief John W. Rycroft and Robert F. McSweeney, 46 Lowell Street, applicant for the position of patrolman, met with the Board. Police The Chairman said the Board understood Mr. appointment McSweeney took the State Police examination and is interested in becoming a police officer in the Town of Lexington . He asked if Mr. McSweeney was familiar with the salary scale, vacation and sick leave policies, and he replied in the affirmative. The Board having no questions, Mr.McSweeney retired. Upon motion duly made and seconded, it was voted to appoint Robert F. McSweeney, 46 Lowell Street, a patrolman on the Lexington Police Department, effective August 31, 1962, at the rate of $4,766.00 per year. The Chief introduced Mrs. Anne M. Desmond, 27 Hayward Avenue , applicant for the Women 's Safety Patrol (School Traffic Duty) . Mrs. Desmond said she had a car and was quite familiar with the work. Mrs. Desmond retired at 7:55 P.M. The Chief introduced Mrs. Thelma Molinari, 14 Ames Avenue, applicant for the Women ' s Safety Patrol. Mrs. Molinari said she had a car, was not familiar with the work but knew what the officers do at school crossings. Mrs . Molinari retired at 8:00 P.M. Chief Rycroft also retired. �-C tT Upon motion duly made and seconded, it was voted to appoint Mrs . Anne M. Desmond, 27 Hayward Avenue, a member of the Women' s Safety Patrol for school tr•afficc. Appointment duty at the Oak Street crossing. Messrs. Stevens and Carroll returned to the meet- ing. Mr. Stevens referred to the proposed exchange of land with Cabot, Cabot & Forbes and the access road to Order of the dump site. Taking Upon motion duly made and seconded, it was voted to authorize Mr. Stevens to prepare an Order of Taking to be executed by the Board. Upon motion duly made and seconded, it was voted to execute the contract, for construction of the access Contract road to the dump, between the Town of Lexington and Gil-Bern Construction Corp. at the low bid price of $27,790.00. Mr. Stevens referred to Eliot and Sonya Leonard' s claim for damages arising out of a taking of a sewer Claim easement from Peacock Farm Road to Pleasant Street to serve the Minute-Man Highlands Area. He explained there was a taking of a 10' permanent sewer easement and a 30' construction easement . He stated that in connection with the construction, betterments were as- sessed. Mr. Stevens reported that settlement can be made by payment of 8225 in cash and abatement of the sewer betterment with the understanding that the property cannot be connected to the sewer unless a charge is made in lieu of betterments, in addition to the charge for the physical connection to the sewer . He explained that there waa already a sewer in Peacock Farm Road which could serve this property if the Leonards wanted to make a conneetion= so the sewer under which thebetter- ment was assessed did not better the property. He said the facts have been explained to Mr. Leonard and his attorney. Upon motion duly made and seconded, it was voted to authorize Mr. Stevens to proceed with settlement of the claim as outlined. It was also voted to abate the sewer betterment charge in the amount of $720.22. Mr. Arthur H. Patuto, 26E4 Marrett Road, called the Selectmen' s Office relative to tax title lot C Marrett Road. Mr. Stevens explained that he was not represent- ing Mr. Patuto. Several years ago he was having trouble with his septic tank and there was no way for him to connect to the sewer . The adjoining lot o, ar was agree- able to giving him an easement, and at that time, Mr. Tax title Stevens was asked by the Board to prepare the easement, which he did. Mr. Patuto is now selling his house and found that he does not own what he thought he did. He has a lot fifty feet square in the rear of his lot which the Town acquired by tax taking. It is registered land and the foreclosure has not been completed. Mr. Stevens told Mr . Patuto that he would have to make arrangements with the Board and he probably could acquire the parcel for not less than the amount of the back taxes and the cost of putting it through the Land Court . He said Mr. Patuto wants to know how much he should offer. Mr. Staples reported the taxes and interest to date amount to $70.90. Mr. Richards said he would be satisfied if Mr. Patuto would pay $100 for the lot plus the cost of ob- taining a Land Count Certificate and expenses incidental thereto. Upon motion duly made and seconded, it was voted to sell and convey Lot C Marrett Road to Mr. Arthur H. Patuto for $100 plus the cost of obtaining a Land Court Certificate and expenses . Letter was received from Mr. Carroll with reference to the U.S. Air Force water contract AF19 (604) - 781, advising that the total amount in arrears is now $14,461.71. Mr. Stevens stated that there is no question but that the Air Force should pay even though there is no provision in the old contract for increasing the rates . He sug- Air Force gested that Mr. Carroll have a conference with representa- water tives from the Air Force to determine what their attitude is going to be and approach this on the basis that they are being treated the same as every other water user. Mr. Carroll referred to a sewer easement taken by the Town when the sewer was constructed in Eldred Street . He explained that the sewer went through Drummer Boy property of the Drummer Boy Corporation and an assess- Corp. sewer ment was levied against land owned by the corporation betterment on Grove Street in the amount of 5490.00, although there is no frontage on Grove Street . A betterment was also assessed for the sewer which went from Grove Street to Eldred Street, in the amount of $2,049.75. He stated that Mr. Reenstierna' s opinion is that $490.90 should be abated inasmuch as the corporation 's land does not touch Grove Street. He also feels that the J . ' L., �-C tc parcel of land not served by the sewer should be abated. Mr. Carroll explained the location of both parcels on a plan. He explained that it is not anticipated that there would be any house connections into this sewer and therefore the sewer is not a betterment to the property. If, however, at some future time, a subdivision is planned, there should be a charge made in lieu of betterments, plus a connection charge . Upon motion duly made and seconded, it was voted to abate the sewer betterment assessment in the amount of $490.90 levied against 10,250 feet of land owned by the Drummer Boy Corporation and located on Grove Street . Upon motion duly made and seconded, it was voted to abate the hewer betterment assessment in the amount of S2,0L9.75 levied against parcel marked "Parcel Assessed" , owned by the Drummer Boy Corporation, when the sewer was installed from Grove Street to Eldred Street; it being understood that if at some future time a subdivision is planned for this property, a charge will be made in lieu of betterments, plus connection charges. Mr. Carroll referred to a drainage easement in Tarbell Avenue and explained that to drain the street it is necessary for the water to flow through Mr. Der- Drainage hagopian ' s land and from there out onto Town land. He easement reported that Mr. Higgins has contacted Mr. Derhagopian and he is willing to grant an easement for S175. He said the Town is asking for a 12' drainage easement plus a temporary construction easement. Upon motion duly made and seconded, it was voted to authorize payment to Mr. Derhagopian in the amount of $175 for a drainage easement subject to obtaining a release of all damages. Mr. Carroll reported that bids were opened today on resurfacing streets . The low bid of Warren Brothers Roads has been checked and he recommended awarding the Bid awarded contract . Upon motion duly made and seconded, it was voted to award the contract for resurfacing streets to the low bidder, Warren Brothers Roads at their bid price of S37,230.00. Mr. Carroll reported that bids were opened today Bid awarded for the remaining sewer, drain and water work for the year. The low bidder was Gil-Bern Construction Co. $109,757• , and Mr. Carroll recommended that the con- tract be awarded. Upon motion duly made and seconded, it was voted to award the contract for sewers, drain and water work to the low bidder, Gil-Bern Construction Co. , at the bid price of 8109,757.00. Mr. Stevens retired at 8:40 P.M. Mr. Antonio Busa met with the Board to discuss a culvert in his development off Lillian Road. The Chairman said Mr. Busa felt the Town required him to install a larger culvert than was necessary for the development : Mr. Busa said his problem was to cross the brook with his subdivision. According to the survey by the Town Engineer and his own engineer, it was discovered that there were 1300 acres which eventually drain Busa through that land. The existing brook is 48", and ac- culvert cording to the Town Engineer, the 48" is not adequate. He said the 1300 acres in a downpour will accumulate 690 cubic feet of water a second and the L18" will not take care of the water. He said the culvert was con- structed a x 20 and the brook had to be relocated and took two of his lots . He said the cost of the culvert was $10,000 and it was constructed according to Town' s specifications and accepted by the Department of Public Works . He said at that time, he gave the Town an easement across two lots of land for which he did not press any charge because he thought the Town was going to pay him for the land. He said the easement was granted and given to the Town . He constructed the culvert at a cost of almost $10,000. He asked who was going to pay for the box culvert and how he was going to get paid for the land. He said he has 820,000 involved in that place and felt the Town should stand the cost of the extra footage of the box culvert . The Chairman asked him what he figured the differ- ence in cost to be. Mr. Busa said the Town should pay him for the full value of the land and forget the culvert, or pay for the culvert and forget the land. Mr. Richards asked if Mr. Busa made a grant of easement or just relocated the brook. Mr. Busa replied that the brook had to be relocated. The Chairman explained that there was a new Act passed at the Annual Town Meeting permitting the Town to pay on this type of thing, but it requires approval of the Planning Board. He asked if Mr. Busa had dis- cussed this with the Planning Board. Mr. Busa replied that he did at one time and the Planning Board said it was something the Selectmen would have to decide . tt The Chairman said at that time it was probably so but now the Planning Board has to approve. He said no money could be paid under the Act without the approval of the Planning Board. He said the Board would discuss the subject with the Planning Board and let Mr. Busa know what decision is made. Mr. Busa retired at 8:50 P.M. Mr. Richards said he was willing to stand by the decision made by the Planning Board that Mr. Busa was developing land that had a brook and he had to gocover or under Lillian Road. He said he could see no reason to change his mind. 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 made public, might adversely affect the public security, the financial interest of the Town or the reputation of any person. Mr. Charles M. Evans met with the Board and Executive reported on the progress of the Classification and Session Compensation Study. Mr. Evans retired at 9:30 P.M. Mr. Donald E. Legro met withthe Board relative to the position of Town Counsel. Mr. Legro retired at 9:40 P.M. Upon motion duly made and seconded, it was voted to resume the open meeting. Letter was received from he Board of Health with a copy of a letter from Truman F. Ball, 38 Paul Revere Road, protesting against spraying which he believes is a health menace. The Chairman suggested a report be obtained from the Board of Health. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen ' s Meeting held on July 23, 1962. Mr. John Carroll and the Planning Board met with the Selectmen at 10:10 P.M. The Chairman read a letter from Mrs. Margaret Cook giving a series of events that have occurred this summer in the realm of guides, Mr. Burnell suggested that the Chamber of Com- merce and the Historical Society and possibly the School Guidance form a committee of three responsible persons for choosing the guides and who would be re- sponsible for their actions . He said he did not think there was any need for an organization among the guides and he felt whatever action is taken should be taken immediately. The Chairman agreed to arrange to have the guides in tomorrow afternoon to discuss the subject . Petition from the New England Telephone and Tele- graph Company for permission to locate conduits in Conduit Massachusetts Avenue and Percy Road was held over. Mr. Carroll said he would contact the telephone company as he did not approve the proposed locations. Request for acceptance of Rogers Road, Fessenden Way and Marshall Road was held over again pending re- ceipt of a report from the Planning Board. Mr. Grindle referred toland located on Adams Street as a possible entrance to Emerson Road. He explained that the Planning Board has no idea of build- ing the road now, but the land is for sale and if the Town wants to reserve the right in it, a decision should be made. He reported that the Planning Board has had an appraisal made and also had two or three discussions with Mr.Lidberg. He stated that if the Planning Board can arrive at some agreement with Mr.Lidberg, it will recommend thatthe land be purchased for future pro- tection, and would like the Selectmen ' s opinion on this some time. Mr. Grindle said the Planning Board has had several discussions relative to the width of Worthen Road. He said the Planning Board is asking for a seventy foot right-of-way in Emerson and Worthen Roads, but it does question very much whether or not forty feet is wide enough in certain sections . Worthen and Mr. Carroll said the Board had decided that these Emerson Rds . roads would be forty-four feet wide now and this was also the general discussion when these subdivisions were discussed. He asked if the Planning Board was questioning the future width or the policy of forty-four feet now. Mr. Grindle stated the Planning Board wants to keep the seventy foot right-of-way as protection in the future if the street has to be widened. Mr. Meyer stated that both Worthen and Emerson Roads were built in sections and he was disturbed about paying the subdividers for anything and he could not see any reason for building the road any wider providing the Town has the seventy foot right-of-way. He said it is agreed that the surface street should not be any wider than a normal subdivision street except where there is immediate need. He said a twenty-six foot or thirty foot road could be built now and widened later if necessary. Mr. Richards said there should be some continuity and the Board should know the areas that will be twenty-six feet and where the road will be forty-four feet . The Chairman said the Board should have the arguments in detail and some policy arrived at . It was agreed that the width of Worthen and Emerson Roads should be decided at the next meeting. 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 made public, might adversely affect the public security, the financial interest of the Town or the reputation of any person. Following a discussion of the report of Abbott Engineering Inc . outlining the results of location studies of portions of Worthen and Emerson Roads, it was voted to resume the open meeting. The Planning Board retired at 11:00 P.M. Mr. Carroll referred tothe subject of Federal aid in connection with the trunk sewer, and it was Trunk agreed that he would arrange a meeting with the State sewer Sanitary Engineer, Mr.Greeley, and that he, Mr. Brown and Mr. Staples would attend. Mr. Carroll retired at 11:10 P.M. Letter was received from the League of Women Voters recommending that signs or banners be placed clearly marking precinct polling places from the outside. The Clerk reported that Mr. Carroll, Clerk to the Board of Registrars, has signs for precincts one through four and does have precinct maps on display Precinct at each precinct . markers It was agreed that Mr. Carroll, Superintendent of Public Works, could have the signs for precincts five and six made. Letter was received from the Appropriation Com- mittee advising that a transfer of $2,200 from the Reserve Fund to the Board of Health Expenses Account had been approved under protest . A transfer of 81500 from the Reserve Fund to the Board of Assessors' Personal Services Account had also been approved. Letter was received from the Recreation Com- mittee recommending that the balance of $20,000 remaining in the appropriation under Article 50 Recreation of the Warrant for the Annual Town Meeting be used capital out- to remodel and recondition the old locker room and lay balance for an addi-tion to the new locker room for storage facilities if sufficient funds are available. The Board approved the recommendation. Letter was received from the Board of Public Welfare relative to increases in salaries, effective September 17, 1962, for employees in that department Salaries who have been employed five years or more in any one position in the department. Appointment of two Associate Members to the Board of Appeals was held over . Upon motion duly made and seconded, it was voted to certify the character of Carl W. Jenke, 30 Vine Brook Road, who has applied to the Secretary of State Cert . of Inc for a Certificate of Incorporation, satisfactory character reference having been received from the Chief of Police. Letter was received from Mr. James Carroll, Town Clerk and Treasurer, requesting a transfer of $1,050 from the Reserve Fund to the Town Clerk and Treasurer Personal Services Account to pay an additional girl in his office which he needs because of the increased Transfer volume of work. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of 81,050 from the Reserve Fund to the Town Clerk and Town Treasurer Personal Services Account . The meeting adjourned at 11:35 P.M. A true record, Attest: / Executive/Clerk, Sele6tmen