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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. 80 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