HomeMy WebLinkAbout1962-12-22-BOS-min79
SELECTMEN'S MEETING
December 22, 1962
A special meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Saturday morning, December 22, 1962, at 10:00 A.M.
Chairman Adams, Messrs. Cole, Richards, Burnell and
Brown were present. Mr. Stevens, Mr. Legro, Town
Counsel, Mr. Carroll, Superintendent of Public Works,
and Miss Murray, Executive Clerk, were also present.
The meeting was called to discuss the question
raised by the Air Force relative to the water rate
increase.
Mr. Stevens reviewed the background pertaining
to the contract signed by the Air Force and referred
to the meeting held December 18, 1962 with Colonel
Gowan and Mr. Mallen, and advised the Board that this
matter should be handled legally. He also reported
on the meeting he and Mr. Carroll had at the Air Base
on December 19, 1962.
Mr. Stevens advised the Board to adhere to the
contract and not to make any compromise. He sug-
gested that if the Town submits a bill for water and
payment is made not including the 13 rate, the Board
should make Congressman Morse aware of the situation.
He also advised the Board to contact Senator Saltenstall
and Senator. Kennedy so that they will be in a position
to cooperate. He stated that he had reported the situ-
ation to Harold Toole, M.D.C., who feels the Town is
absolutely sound.
The Chairman reported he had received a call from
General Terhune and he told him the Board would discuss
the subject with Town Counsel.
Mr. Richards said that no member of the Board
should discuss the subject with any intereted parties
except what has been called for by way of an additional
meeting.
Mr. Stevens advised that if the Chairman is carry.
ing on with General Terhune, he could be informed that
the Board has met, he has reported, Mr. Stevens and Mr.
Carroll also reported to the Board, and the Board is
unanimously outraged at this attitude. He also advised
that the Chairman should ask General Terhune what the
answer is and saythe Board would like to know the posi-
tion of the Air orce just as soon as possible. The
Board wants to make sure, before it does anything further,
what the attitude of the Air Force is on this installation.
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The Chairman asked if he should make any suggestions
or let General Terhune have a top-level meeting on a local
basis.
Mr. Richards said he would not, under any circum-
stances, set up a summit meeting until such time as the
Board positively knows what the Air Force's position is.
He said the Board is aware of the contraot and has only
informal information. If the Air Face intends to
breach, the Board would like to know as soon as possible.
The Chairman said General Terhune is being pressured
by someone above him.
Mr. Stevens explained that he came in after the con-
tract was signed.
The Chairman asked what he should say, and Mr. Richards
advised that he would not schedule a meeting on top level.
He said the Air Force should give the Board some definite
information as to what its position is going to be, and
this business of informal complaining is of no import.
Mr. Stevens said the Board's position should be that
it is following the contract the way it was written, and
if the Air Force is not going to follow it, the Board
wants to know.
Mr. Richards said the Board feels it is bound by
the contract.
Mr. Stevens said nothing can be done until the
Board has a statement as tothe Air Force's position.
He advised that if General Terhune suggests a meeting,
the Chairman should take it up with the Board.
The Board saw no reason for Mr. Carroll's continu-
ing_;; any discussion with representatives of the Air Force.
The mee ting adjourned at 11:45 A.M.
A true record, Attest:
SELECTMEN'S MEETING
December 27, 1962
A regular meeting of the board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Thnrsday, December 27, 1962, at 7:30 P.M. Chairman
Adams, Messrs. Burnell, Brown, Richards and Cole were
present. Mr. Legro, Town Counsel, Mr. Carroll, Super-
intendent of Public Works, and Miss Murray, Executive
Clerk, were also present.
Mr. Legro referred to the Minuteman Research Park
and reported that they had in Section I a turnaround
which has been eliminated by Section II. The Planning
Board has been agreeable to eliminating that portion
of the turnaround outside the parallel lines of Forbes
Road, but the Town still has the easement. He asked
if the Board had any objection to including an article
in the warrant to abandon that portion. He explained
that it is obvious the Town does not need it, and this
is a routine matter.
Upon motion duly made and seconded, it was voted
to include an article in the Warrant for the Special
Town Meeting to be held on January 28, 1963 to abandon
that portion of the easent no longer needed by the
Town.
Mr. Legro referred to a transfer of funds to the
Law Department budget and stated that, eliminating
Saturdays, Sundays, etc., of which he kept no record,
in the personal services area he has 266* hours. The
portion of the -salary for him from September 1 to Decem-
ber 31 is $1,333.33 which is substantially under $5.00
an hour. He said on other things, which are in liti-
gation, he has another 263 hours, and the balance re-
maining on the Special Counsel fees is $666.67 which
would be about $2.50 an hour. He explained the reason
this amount is small is because Mr. Stevens' portion
was based on 2/3 of the year. His $1,000 for the
finishing up work came out of the remaining $1,667 so
that. leaves $667 for Special Fees for 1/3 of the year.
The Chairman asked how much Mr. Legro wanted, and
he replied that the Board would not have to do any-
thing about the retainer as it is the Special Fees'
Account that is short. He said it is what the Board
thinks time is worth per hour and there are 266 hours.
He said he was suggesting $1,000 be transferred, to-
gether with the "667 which would be $1,667.
8J
Article to
ab an don
easement
82
The Chairman asked if this was the total amount
he was asking for as a transfer and Mr. Legro replied
in the affirmative.
Later in the evening, it was voted to request the
Appropriation Committee to transfer the sum of $1,000
from the Reserve Fund to the Law Department - Special
Fees Account.
The Chairman read a letter from Albert T. Pitt,
2361 Massachusetts Avenue, claiming damages to his
car in the amount of $30 as a result of a collision
involving a town car driven by James E. Collins,
Welfare Agent.
Mr. Legro reported that he had received a copy
of Mr. Collins' report today.
The letter wa3 referred to Mr. Legro who is
to request a written estimate of the damage to Mr.
Accident Pitt's car.
claim 1 It was agreed to send a letter to department
heads to the effect that all accidents involving
any town equipment are to be reported to Town
Counsel immediately.
Dump site
lots
The Chairman read a letter from Dr. William L.
Barnes, stating he would be interested in exchanging
adjacent land to his Lot B1 on Bedford Street for the
takin6 of Lots 9 through 12, Block 77. Dr. Barnes
stated that the Board's offer of $200 is not adequate.
Mr. Legro presented a plan and indicated the
lots involved. The Board could see no benefit to the
Town in the offer submitted by Dr. Barnes and upon
motion duly made and seconded, it was voted to advise
him that the Town is not interested in making an ex-
change of the lots.
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
Executive security, the financial interest of the Town, or the
session reputation of any person.
Following a discussion with Mr. Lester Olsen,
State Department of Public Works, and ..'after Mr. Olsen
retired, it was voted to resume the open meeting..
Mr. James A. Carrig, owner of Lot 22 Lawrence
Lane, met with the Board.
The Chairman read a letter from: Mr. Carrig
advising that he is moving a house onto Lot 22 Lawrence
Lane and would like permission to connect to the storm
drain as shown in the street.
Mr. Richards asked what assurance the Town would
have if in putting utilities into the street the drain
is severed and what responsibility the Town would have
to maintain the drain.
Mr. Carrig said it would be to his advantage to
keep it going because he really needs the drain. He
said it would be a six-inch drain in the street and
four -inch coming out of the house, and it would be
three or four feet. down.
Mr. Carroll reported that there is a very serious
water condition at this particular corner. The water
is two or three inches deep and it is coming off that
lot and the lot on the other side of the street. He
explained that he had planned to run a drain from the
catch basin across the street and run it up the north
side of the road as far as he had to.
The Chairman asked at whose expense the connection
would be made, and Mr. Carrig replied that it would be
entirely at his expense.
Mr.Carroll said the side hill drain should defi-
nitely be put in, and Mr. Carrig's drain would not keep
the water from the street.
The Chairman asked if the drain would tend to help
the Town, and Mr. Carrell replied thatit would be no
real help.
Mr. Richards asked what would happen if the
drain was severed by work of the Town in the street
or work of utility companies, sucht:as the gas company,
or whoever it might be, and was not replaced and water
backed up. He asked if there would be a claim against
the Town, and Mr. Carrig replied in the negative.
Mr. Legro said there could be a claim.
Mr. Carrig said he wanted to put the drain in to
protect the house. He stated that his son is going
to occupy the house and he was sure the cellar would not
be dry unless the drain is there.. He said he would ex-
pect to kkep it in proper working order, whatever that
might require. He said this is one of the lots Mr.
Lurvey refused to issue a permit for until the sani-
tary sewer was installed. He said this water condition
is something recent.
The Chairman said the Board would take the matter
under advisement and let Mr. Carrig know its decision.
Mr. Carrig retired at 8:35 P.M.
Mr. Carroll said he would prefer to have Mr. Carrig
tie into the drain the Town puts in along the side, which
he hopes to have installed this year.
Mr. Richards expressed concern about granting an
individual a permit tocpen a public street to install a
Request to
connect to
storm drain
84
Permit
private drain, and no record being kept. He said there
should be something at the Registry of Deeds or some
kind of a record. He asked if a utility company breaks
the drain and Mr. Carrig decides he wants to open the
street, who would open the street. Would it be a private
contractor? He said if a private contractor digs up the
street and it sinks in, there would be a hole in the street
and the Board would receive complaints which he thought
was a serious situation. He said private drainage systems
in a public street is something foreign to anything the
Board has done.
Mr. Burnell asked if there was any way the Town
could protect itself legally.
Mr. Carroll reported that he instructed Mr. Higgins
to go to the cities and towns and ask them exactly what
they do in regard to these problems.
The Chairman said the By -Law was changed for a
hardship case and the Board should consider this very
carefully or numerous requests would be presented.
Mr. Cole moved that Mr. Carrig be notified that
the Town plans to put in a drain in that area in the
near future, at which time, he would be permitted to
connect. The motion was not seconded, and therefore,
lost.
Mr. Burnell said it is not the Board's responsi-
bility todrainwet land and he thought to be consist-
ent, the Board would have to reject this.
Mr.Richards said he did not believe it proper
to have citizens tie into public drains without super-
vision, and he did not think the Board should permit
people to tie in, unless the situation is different
from what he has seen this evening.
Upon motion duly made and seconded, it was voted
to deny Mr. Carrigts request.
Request for a permit to move a building from 39
Blossom Street to Wellington Lane Avenue, received from
Porter & Desmond, was held over.
Mr. Carroll reported that he and the Chief went
over the route and the only point he wanted to make was
that the house is being relocated in an undesirable area.
Mr. Legro explained that a permit would have to be
obtained to place the building, but the Board could grant
a permit to move the building over town streets.
Upon motion duly made and seconded, it was voted
to grant Porter & Desmond permission to move a house lo-
cated at 39 Blossom Street onto Route 2 to a private way
opposite Lawn Avenue to Wellington Lane Avenue, subject
to the following conditions:
1
1. Bond of $5,000.
2. Contact Chief John W. Rycroft of the Police De-
partment to arrange for the day and time of
moving.
3. Contact Mr. John W. Carroll, Superintendent of
Public +orks and Mr. Paul Mazerall, Tree Warden.
Mr. Carroll referred to a contract to supply
water to the Bedford Veterans' Hospital and stated
that the Town can pass along any increase the MDC
has made to the Town. He asked if he or the Board
would write a letter relative to the increase. It
was agreed that Mr.Carroll would give Town Counsel a
copy of the contract.
Mr. Carroll referred to the Moreland Avenue school
site and submitted a plan th_t accompanied a recent
letter from Mr. Snow. He also presented a !}O' scale
plan and asked if the westerly line of Worthen Road
should be established at this time. He said he felt
a survey,which would be time consuming was unneeessary
and the Town should take all of Lot 318 and everything
east of it on the north side of Moreland Avenue and
on the south, take all of Lot 175 and try to make sure
the Town has sufficient room to locate the road in the
future. He mentioned that the article gives the Board
authority to take all of the property and said that Mr.
Snow believes the land on the west side of Worthen
Road is worthless for school and recreational purposes.
The Chairman said he thought Mr. Snow was right
and another lot or two would not make much difference.
Upon motion duly made and seconded, it was voted
to take Lot 318 and everything east of it and Lot 176
and everything east of it.
85
Contract
Mr. Carroll said the Town has an easement in
Clematis Brook from Route 2 up to Moreland Avenue. He
traced the brook;;on a map and explained the proposed
location of the sewer. He said it would be advisable
for the Town to take a drainage easement at the same Drainage
time and he thought the Town should try to get Mr. easement
Swenson to grant the Town an additional twenty or (Swenson)
thirty feet.
The Board agreed, and authorized Mr. Carroll to
contact Mr. Swenson.
86
Article
Minu#tes
Meeting
Appointments
Assessors'
bills
Letter from the School Committee re burglary
and/or theft insurance was held over.
The Chairman read a letter from Mr. Carroll,
and Mr. Spiris relative to oil consumption and bidding.
Mr. Carroll is to continue to pursue the subject.
Messrs. Legro and Carroll retired at 9:45 P.M.
The Chairman read a letter from Mr. Donald P.
Noyes, President of the Lexington Historical Society,
suggesting that the Board insert an article in the
warrant for the March Town Meeting calling for a study
committee to look into the matter of adding to or en-
larging the Historic District.
It was agreed to advise Mr. Noyes that an article
will be inserted in the warrant for the Special Town
Meeting to be held January 28, 1963.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held
December 17.
Upon motion
to hold the next
January 2, 1963,
duly made and seconded...,it was
regular meeting of theboard on
at 7:30 P.M.
Appointments to
of Appeals were held
Upon motion duly
to make the following
Districts Commission
voted
Wednesday
the Board of Assessors and Board
over.
made and seconded, it was voted
appointments to the Historic
Charles H. Cole, to replace Edwin B. Worthen, Jr. for a
term expiring January 1, 1968;
Ruth Bevan to replace Cyrus Wood for an unexpired term
ending January 1, 1965.
The Chairman read a letter from Mr. James J. Carroll,
Town Treasurer, with refernce to four bills from the As-
sessors' Department that were on Warrant #191 of December
24,1962.
It was agreed to authorize Mr. Carroll to make pay-
ment on the amounts on the warrant.
Report was received from Harvey Newgent relative
to changing Lexington Center.
The Clerk was instructed to send copies of the
report to the members of the Board.
The Chairman read a letter from Mr. Arthur Burrell,
listing matters that need attention by the Board.
Upon motion duly made and seconded, it was voted
to re -appoint Arthur E. Burrell, Director of Civil Defense,
for a term expiring March 31, 1963, at which time the
annual appointments will be made and his appointment will
again be considered.
8
Civil Defense
It was agreed to invite Mr. Burrell to meet with
the Board on January 2, 1963 to discuss the items
in his letter.
Upon motion duly made ana seconded, it was voted
to appoint Mr. Harold E. Stevens Special Town Counsel
for a period ending March 31, 1963 at the rate of $250
per month, a total of $750.
The Chairman read a letter from Harold E. Roeder
resigning from the Board of Fire Commissioners.
Upon motion duly made and seconded,it was voted
to accept the resignation with regret.
Appointment to replace Mr. Roeder was held over
until the next meeting of the Board.
Upon motion dut* made and seconded, it was voted
to grant the following licenses:
Corner Variety Shop
Anthony's Restaurant
Dunn Ford Sales, Inc.
Geo. R. Reed & Son, Inc.
Minute Man Restaurant
David Butler
Donald E. Servente
Raymond E. Dalrymple
Edmund Nawoichik, Jr.
Common Victualler
B T1
1st.Class Agent
Common Victualler
n n
Taxi Driver
II IT
Upon motion duly made and seconded,
to invite bids on printing 800 copies of
Annual Town Report.
The meeting adjourned at 11:20 P.M.
A true record, Atte.t:
n n
n
it was voted
the 1962
-Etec tive Jerk elect en
Appointment
Appointment
Resignation
Licenses
Bids-Tewn
Report