HomeMy WebLinkAbout1961-06-28-BOS-min 578
SELEC TMEN'S MEETING 1
June 28, 1961
A special meeting of the Board of Selectmen was held
in the Selectmen's Room, Town Office Building, on June 28,
1961, at 8:00 P.M. Chairman Morey, Messrs . Ferguson,
Richards and Cole were present . Mr. Stevens,Town Counsel, •
Mr. Carroll, Superintendent of Public Works, and the Ex-
ecutive Clerk were also present .
The Chairman reported that she had received a call
from Mr. Hue, Department of Public Works, who advised
that plans are being worked out on the Worlthen Road con-
nection at Route 2 to come in at Lawn Lane, and to elimi-
Worthen Rd. nate the cloverleaf at Waltham Street thereby making it
unnecessary to relocate Waltham Street. The proposition
is to put a cloverleaf where Worthen Road joins Route 2A
and to build a new road connecting to Waltham Street about
at the Town line . She explained that Mr. Carroll has
walked the area and advised that it seems feasible to him.
The proposal has been sent down to the next office for
consideration and after it has been considered, they will ask
us to come in to see how the Board likes it. She said
that if Route 2 is done next year and before Worthen Road
is constructed, this new plan will present a serious problem.
The Chairman asked if the Board was ready to make
a decision on the application received from the Lex-
ington Historic Tour Train, Inc . for a license to operate
Historic a motor vehicle with attached observation carriages.
Tour Train Mr. Cole said he did not see any reason for not
granting a license even though there may be certain
phases to be adjusted.
Mr. Ferguson said he would not be in favor of
granting the license .
The Chairman said that the existence of such a
tour would probably be good, but she would hesitate
to license anyone to start a new business with the
place of business on a Hain street.
Mr. Cole said he was under the impression from
the discussion Monday night that the corporation was
trying to find out if the idea was sound, and he did
not think the Board should vote just on the basis of
what has been said.
The Chairman said the Board should write a letter
that it is either in favor, opposed or wsuld encourage
the project.
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IMr. Richards said the only question for the Board
to consider is whether or not the corporation has the
right to use the curb and receive a taxi lieense .
The Chairman suggested that they be advised the
license must be denied inasmuch as the Board cannot
give them a place of operation at a curb.
Mr. Cole said an operation of this type would have
to be from a curb somewhere and asked how else it could
operate .
Mr. Richards said he was in favor of granting the
Guide License but would refuse to give them the stand.
Three members of the Board were not in favor of
granting a stand.
Mr. Ferguson explained that he was opposed to the
overall operation regaidless of where the stand might
be .
Mr. Cole said he felt th t the project has some
value to the Town and asked how it could be worked out .
Mhs Chairman said the curb should not be their place
of business and therefore she felt that the application
should be rejectdd and if they wish to continue with the
idea, come in with a different plan of operation.
Mr. Ferguson said before he would consider granting
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a license, he would hold a public hearing and have the
people living on the streets over which the train is to
run come in for a discussion.
Upon motion duly made and seconded, it was voted to
deny permission to use the proposed parking space .
It was the opinion of a majority of the Board that
such a program, as outlined last Monday, should be
presented to the townspeople before any license is
granted .
The Chairman referred to a letter from the Recreation
.ommittee , which was on the agenda last Monday and held
over, relative to Worthen Road and the cinder track at
the Center Playground.
Mr. Carroll presented a plan and indicated where the
road would be in relation to the track and explained that
it would not be possible to put in a sidewalk. He said
the track would be lower than the road which would mean
a sidewalk with two steps down to the track.
Mr. Ferguson recalled that in an earlier discussion Cinder
the Board was told there was no other way Worthen Road Track
could be laid out, and asked how much it would cost to
relocate the track.
Mr. Carroll replied $5,000 and said it would not be
very expensive to erect a temporary wall. He explained
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that sufficient funds have been approved for relocating
the track, but Mrs . Wanless called him and stated that
the Committee cannot see spending the $5,000.
Mr . Ferguson said as far as he is concerned, he would
move the track and Mr. Carroll agreed.
It was agreed to acknowledge the letter and advise
the Recreation Committee that it is not. possible to com-
ply with its suggestion inasmuch as the layout has been
completed and the taking made ; therefore the Board in-
tends to follow the original plan to have the track
relocated, funds having been provided.
The Chairman referred to a draft of a letter to be
sent to Mr. Wheeler of Cabot, Cabot and Forbes, with the
Board' s permission, advising that the Board would like
to discuss with them the access to Maguire Road .
Access to Mr . Ferguson said as he recalled the situation, the
dump sites Selectmen told the Planning Board, when the question of
entrances was raised, that the Selectmen would discuss
the subject with that Board before attempting to do any-
thing. He said he thought a discussion should be held
with the Planning Board before any discussion is held with
Cabot, Cabot & Forbes.
Mr. Richards said he thought at this point in order
to expedite the matter, it would not be out of order for
the Board to ask Cabot, Cabot & Forbes if they would be
willing to present a scheme of what they would like in
the way of an access . After receiving the suggestions
they could be referred to the Planning Board for its
opinion. With a concrete proposal from Cabot, Cabot &
Forbes before the Planning Board, without any recommen-
dations from the Selectmen, the Selectmen would have the .
Planning Board' s reaction or a counter proposal and then
the Selectmen could decide the best and least expensive •
way.
The Chairman explained that the letter she would
like to send would include the two plans with a request
for them to meet with the Board and present their re-
actions .
Mr. Carroll said he thought the Planning Board
should be invited to the meeting.
Mr. Ferguson said the Selectmen should know the
program first.
Mr. Richards suggested that Cabot, Cabot & Forbes
be acquainted with what the Board has in mind; advised
what the Town is goingtto need for access and if they
have any suggestions the Board would like to receive
them. Then the Selectmen could meet with the Planning
Board. .'
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Mr. Carroll reported that he talked with Mr. Paul
Shepard of Cabot, Cabot & Forbes and he thought the
company might be willing to dispose of the land for the
purchase price as it is of no value to them.
It was agreed that Mr. Carroll should send a letter
to the Board of his discussion, as he remembers it.
The Chairman was authorized to send a copy of that let-
ter to the Planning Boa"d and statecthat the Selectmen
would like to hear from them by the 10th of July.
Mr. Stevens discussed the proposed water contract
with the Air Force at length, and it was agreed at the Air Force
conclusion of the discussion that before proceeding contract
further with the agreement, a letter should be obtained
from Whitman & Howard.
Consideration was given to a change in water rates,
as proposed by Mr. Carroll . It was agreed to continue
with the present rates for approximately one year. If,
by April 1,1962, it appears that nothing is being ac- Water rates
complishdd insofar as the M.D.C . increase in rates is
concerned, the Board will proceed with a local rate in-
crease .
Mr. Richards suggested that if no results are forth-
coming on the M.D.C . rate by December 31, 1961, that the
contracts with Raytheon and the Veterans ' Hospital be re-
negotiated .
Mr. Carroll reported that Mr. Jefferson suggested
that the Town charge a fine for all water bills not paid Water Bills
within thirty days .
No action was taken.
Mr. Stevens discussed the exchange of land with the
Josiah Willard Hayden Foundation and reported that they
would like the right of access to their rear land. He
explained that no reference to it is made in the deed
buthe thought the Board would grant them the right of Hayden deed
access, and it would be the same kind of use of the road
as the use made by the Town.
Upon motion duly made and seconded, it was voted
to sign a deed drawn by Mr. Stevens to be held by him.
Mr. Carroll reported, for the Board' s information,
that the restrictions on a ten-acre parcel of land ac-
quired by the Town from Miss Willard provide maintenance Grass on
by the Town. Mr. Chiesa has been cutting the field hay Willard land.
but is no longer interested. He said that Miss Willard
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insists that it is the Town's obligation to cut the
grass, and he is unable to get anybne to cut it. He
said he would not cwt it for $150 unless the Board
ordered him to .
The Chairman said there is no question but that
it will have to be cut, and mentioned that it is a fire
hazard.
Mr. Carroll said he did not think the Town should
be obliged to pay 6150 to have it cut and Mr. Ferguson
agreed.
The Chairman asked if Mr.. Stevens had any advice
as to what the Board can do relative to complaints
received about Marshall' s Bakery.
Mr. Stevens said the Board has the question, is
it a public nuisance or a private nuisance . He ex-
plained that if it is a private nuisance, the people
there will have to take the action. He said if they
are in violation of the Board of Appeals' permit, it
Complaint would be up to Mr. Irwin to investigate, possibly
Marshall' s with the assistance of Mr. Lurvey who is familiar
Bakery with the operation of restaurants . He could check
to see what is being done to control the odors, and
find out if there are methods available that are not
being used.
The Chairman asked if the noise in the morning
was a nuisance , and Mr. Stevens replied that most of
it is a private nuisance and not a public nuisance .
Mr. Stevens advised that the first step is to
have Mr. Irwin, with the assistance of Mr. Lurvey, see
what use is being made of the garage and what effort is
being made to control the odors.
Mr. Stevens read a letter he received from Mr. T. H.
Reenstierna requesting a meeting with the Selectmen, .
Planning Board, Town Engineer and Mr.Stevens, to dis-
cuss matters concerning the cost of construction of
Worthen Road across property of the Vinebrook Realty
Trust. He advised that the Town is not in a position
Vinebrook to make an agreement and any agreementq, would be subject
Realty Trust( to validation of a legislative . ,�ePo
& Worthen Rd. Mr. Carroll reported that the same problem is
arising with the development of the McDevitt property.
He said he thought there should be a meeting of the
Selectmen, Planning,Board, and Town Counsel before a
meeting is arranged with the Vinebrook Realty Trust.
The Chairman said she thought there should be a
general plan for all subdivisions .
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It was agreed to send a copy of Mr. Reenstierna ' s
letter to the Planning Board and advise that the subject
will be discussed when that Board meets with the Select-
men on July 10 and ask that they be prepared at that
time to arrive at some general plan that may be applied
to all subdivisions .
Mr. Harold E. Roeder, Chairman of the Board of Fire
Commissioners, met with the Selectmen to discuss the pro-
posed Leave Regulations. The following changes were
suggested by Mr. Roeder:
Section A, 2-c . Four calendar weeks '
vacation for employees who have not
less than twenty years of continuous
full-time service . Leave
Regulations
Section A, 3. The Commissioners cannot
grant all vacations in the period sug-
gested, June 1 , through Labor Day, and
keep the Town properly covered.
Section B. Sick Leave . The Commissioners
feel there would be better control without
any regulation, as a sick leave policy
might tend to encourage absence from work.
As proposed, the men will be given 67i
days; aick leave providing they have worked
fortheTown six years .
Section B, 6. Have sick leave ngtifi-
cation given within one hour before the
regularly appointed starting time of the
employee .
Mr. Stevens said this paragraph could be worded
differently by saying except for police and fire who
shall give notice one hour prior to the regularly ap-
pointed starting time .
Section C . Holiday Leave . Mr. Roeder felt
this should cover the firemen on duty on
holidays as well.
Mr. Carroll said this excepts the firemen.
Mr. Roeder said ak4one in any other depart-
ment has the day off and is paid for it . The fire and
police have to work and they should be given a day off
with pay for the holiday.
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Mr. Ferguson pointed out that the other Town
employees do not work on Saturdays and Sundays whereas
the fire and police ,do, one of the hazards of the job.
Mr. Richards said if the other employees were
given ten holidays, the fire and police should have the
same .
Mr. Roeder said if the men work a holiday, they
should be given. a day off - on the eight to six shift
only.
Mr. Stevens retired at 10:50 P.M.
Mr. Roeder gape: ted that Mr. Whitney had questioned
whether or not the Town could afford so liberal a plan.
Mr. Roeder explained that he did not have an op-
portunity to go over the proposed regulations with the
Chief.
Mr . Roeder retired at 1b:00 P.M.
The Chairman read communications from the Chief
of Police, Cemetery Commissioners and Tax Collector
relative to the proposed regulations.
With reference to the Callectorts question, it
was decided that the full-time service as described
by her is not to be considered as continuous.
It was agreed that Mr. Carroll would discuss the
regulations further with Mr. Roeder and Chief Rycroft,
after which a redraft would be mailed to the members
of the Board.
Mr. Carroll retired at 11:15 P.M.
The Chairman reported that Mr. James E. Enright,
who applied for the position of Executive Assistant,
Executive has accepted another position. She said the Board
Assistant should let the vacancy be known and should spend sane
time on -waiting qualifications.
Upon motion duly made and seconded, it was voted
to advertise for an Executive Assistant; duties those
of a regular Executive Secretary.
Mr. Ferguson was recorded in opposition.
The Chairman agreed to prepare an advertisement
and present it to the Board for approval.
The Chairman said it is essential that the con-
tract be let for the preliminary work on the next
section of the sewer from the Minute Man Highlands
on and said she thought the Board should make a de-
cision relative to Whitman & Howard and let them con-
Whitman & tinue to do the engineering work for the Town. She
Howard reported that the subject had been discussed at a
meeting when Mr . Ferguson and Mr. Richards were absent
58.5
and no action was taken, it being felt that the entire
Board should act. She said she thought the Town had
a well organized situation and Mr. Carroll should not
be put in a position of feeling that he has to hire
someone else .
Mr. Richards said he did not feel that Whitman&
Howard is in any position to issue an ultimatum to
the Town of Lexington as to whom the Board will hire.
He said he would never countenance the fact of hiring
only one engineer unless there is a saving to the Town.
He said there is no saving in this . He explained that
if the Board had committed itself entirely to Whitman
& Howard, it would not have been in the position to
hire someone else such ss Fay, Spofford and Thorndike .
He said the Board can only tell Mr. Carroll to employ
whom he wants to .
Mr. Cole said that the Town Engineer should engage
whatever help he deems necessary.
Mr. Ferguson said he did not think anything needed
to be said at this time except to remove the ultimatum
given Mr. Carroll, and that is as far as the Board can
go.
The Chairman reported that she talked with Mr.
Irwin relative to the appointment of a Gas Inspectpr,
and he was of the opinion that Mr. Byrne could handle
it, and that he wanted to do it. Gas Inspector
The Chairman said she thought of Mr. Byrne as
a half-time employee and felt he was paid half as
much as the other Inspectors because he was working
half time .
It was agreed that the Chairman should contact
Mr. Edmund Webb, who applied for the position, and
find out how much compensation he would consider and
if his health was such that he could do the necessary
work involved as Gas Inspector.
The meeting adjourned at 11:35 P.M.
A true record, Attest:
ittec ive Clerk, Selec en
fi r
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