HomeMy WebLinkAbout1965-06-28-min 223
SELECTMEN'S MEETING
June 28, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, June 28, 1965, at 7 :30 P.M. Chairman Cole,
Messrs . Burnell, C&-taldo, Sheldon and Mabee were pre-
sent Mr. Legro, Town Counsel, Mr . Gray, Executive
Assistant, Mr. Carroll, Superintendent of Public Works,
and Miss Murray, Executive Clerk, were also present.
Hearing was declared open upon petition of the
Boston Edison Company and the New England Telephone
and Telegraph Company for permission to locate four
poles, hip guy and anchor on the first pole , on Blake Hip guy,
Road anchor &
Mr. Dunn, representing the telephone company, and poles
Mr Serverson, representing the Boston Edison Company,
were the only persons present at thehearing
Notices of the hearing were mailed to the peti-
tioners, owners of property listed on the petitioners '
plan and also filed with the Superintendent of Public
Works .
Mr. Carroll approved the proposed locations.
Mr. Dunn stated about six weeks ago, he came to the
Board for a vote of confidence on these locations and
this is the petition coming through in its formal way
No one wishing to be heard in favor or in oppo-
sition, the hearing was declared closed
Upon motion duly made and seconded, it was voted
to grant the petition and sign the Order for the follow-
ing hip guy, anchor and pole locations
Blake Road, northeasterly side, northwesterly from a
point approximately 49 feet northwest of
Burlington Street, --
Four poles, hip guy and anchor on first pole.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's meeting held Minutes
on June 21, 1965.
Hearing was declared open upon petition of the Boston
Edison Company for permission to locate forty feet of con-
duit in Hancock Street at Brigham Road . Conduit
Notices of the hearing were mailed to the petition-r,
owners of theproperty listed on the petitioner's plan and
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r,
also filed with the Superintendent of Public Works .
Mr. Carroll approved the proposed location
Mr. Serverson explained the conduit would be feed-
ing into a development on Brigham Road and will be under-
ground.
No one wishing to be heard in favor or in opposition,
the hearing was declared closed.
Upon motion duly made and seconded, it was voted
to grant the petition and sign the Order for forty feet
of conduit in Hancock Street at Brigham Road
Messrs. Serverson and Dunn retired.
Mr. Legro stated he had an extension of Agreement
of the time of conveyance of the parcel on Rindge Avenue ,
extending the time to July 15, 1965. He explained the bank
has not yet reported on the amount required to release the
Extension of mortgage and an extension is necessary for that reason.
conveyance Upon motion duly made and seconded, it was voted
time to extend to July 15, 1965 the Agreement of the time of
conveyance, between Arthur E. Vasseur and Agnes J. Vasseur
and the Town in regard to lots 211-215, inclusive, on Rindge
Avenue.
Mr. Legro stated that a few weeks ago, he mentioned
the Oak Park subdivision off Grant Street, the Busa Farm,
in connection with the acquisition of an easement for
people to pass and repass over the Vine Brook easement.
He said at that time discussion was held as to whether
it should be granted to the Town and be under the control
of the Board of Selectmen. He reported he had prepared
a grant of easement which he has sent to the attorney for
the subdivider, and provided in the agreeent that the
grantor agrees that the grantor will not;. without obtain-
ing written p mission from the Board, do certain things,
which he quoted He said, in his discussion with counsel
for the subdivider today, he told him he would bring this
up before the Board . He explained there is an existing
easement, taken by the Town in 1938, along a greater part
of Vine Brook including this parcel.
Mr. Legro advised the Board it is the plan of the sub-
divider to erect a bridge across Vine Brook to connect to
the other rear land which is not a part of this subdivision,
and he indicated, subject to approval of the Board, that the
interest of the Board at sicla. time the bridge is proposed
would be to protect the channel of Vine Brook. If it went
beyond that , it would be a matter for Town Meeting. He
said they do not want to put themselves in a position that
if they try to subdivide the rear land, they will be pre-
vented from erecting a bridge there , provided the bridge
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is erected in a manner that will not substantially inter-
fere with the easement the Town now has. He said he
pointed out, one bridge had already been erected across
Vine Brook that was deemed not to be inconsistent
Mr. Carroll reported he took bids today on reupholster-
ing the seats in Cary '`emorial Building, and Contrada Up-
holstering Company of Medford was the low bidder, $3,516. Bid
The other two bids were $4.,949 and $6,390.78. He said he
had $4,500 in his budget and recommended that the contract
he awarded to the low bidder
Upon motion duly made and seconded, it was voted
to award the contract for reupholstering seats in Cary
Memorial Building to the low bidder, Contrada Upholstering
Company of Medford, in the amount of $3,516 .00.
Mr. Carroll reported he took bids today on the first
sewer contract of the year which will include Burlington Sewer
Street, Denver Street, Red Coat Lane and Flintlock Road, bid
Hayes Lane and Lincoln Street The low bidder was Charles
& Louis Construction Company with a figure of $62,657.00
and it was Mr Carroll 's recommendation that the contract be
awarded tothe low bidder.
Upon motion duly made and seconded, it was voted
' to award the first sewer contract to the low bidder,
Charles & Louis Construction Company, at its net bid of
$62,657.00.
Mr. and Mrs John P Doherty, 31 Spring Street, met
with the Board
The Chairman read a letter from the Planning Board,
with reference to tax title lot 217 Spring Street, sta'ang
that there appears to be no objection to selling the lot Tax title
to the owner of adjacent land provided it is to be added
to other land of Doherty and not used as a separate build-
ing lot .
The Chairman stated that, in the past , the Board 's
practice has been, when people have shown an interest and
the Planning Board has no objection, to advertise for bids
with the conditions imposed; one would be that it would be
combined to existing lots and this would restrict it to
the abutters .
Mr. Sheldon asked if the Dohertys would have any ob-
jection to those conditions
Mrs . Doherty said they would like to acquire the lot
to add to their Own lot.
Mr Sheldon asked if they would accept a restriction
not to build upon it and explained this would be an en-
cumbrance forever He said, in fairness, he thought it
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should be advertised to give the other abutters notice.
The Chairman said, in this case where there will be
a restriction and only two people involved, he thought
the Board could write to both abutters that written bids
will be opened on such and such a date and not advettise .
He explained the Board would reserve the right to reject
any and all bids
Upon motion duly made and seconded, it was voted
to notify both abutters that bids gill be opened on a
date to be set by Mr Gray
Mr. Gray said he could have the bids come in Friday
before the next Board meeting
The Chairman read a letter from Wilson Farm Inc , 6
Pleasant Street, requesting installation of curbing in
Curbing front of the stand on Pleasant Street
Mr. Cataldo reported Mr Wilson had called him and
he asked him to write the Board. He explained Mr
Wilson wants to fix the entire parking area so he will have
an entrance and an exit
Mr . Carroll said he has two projects which will use
up a considerable amount of his money this year; one is
Kaufman on Bedford Street. He said Wilson's will run
about 300 or 100 feet
Mr . Mabee said he could not see what advantage this
would be to the Town.
The Chairman sugge - ted referring the subject to the
Traffic Study Committee .
Mr. Legro left the meeting at 7:58 P.M.
Mr. Mabee said from Wilson's point of view, it would
be better to have a curbing, but he could not see any ad-
vantage to the Town.
The Chairman said the only advantage he could see
from the Town's standpoint, in driving along if one knows
there are exits and entrances one plans for them
Mr. Mabee said he did not think there had been any
accidents there
Upon motion duly made and seconded, it was voted
to refer the request to the Traffic Study Committee
The Chairman asked thatthe Committee have a report
on this, and other traffic matters, for the next meeting
of the Board .
Letter was received from Dr. Rudolph J. Fobert ad-
vising that in the School Committee 's best judgment, five
School crossings in the greatest need of police protection during
crossings the summer school sessions are Adams, Munroe, Parker,
Hastings and narrington.
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A copy of the minutes of the Minute Man Historical
Park Advisory Committee were received from Mr. Donald E Minutes
Nickerson
The Chairman said the minutes will be on file avail-
able to the members of the Board .
Letter was received from the Lexington Chamber of
Commerce requesting, on behalf of the Lexington Choral
Society, that town flags be displayed during the Festival
of Arts, July 15-18 Flags
Mr. Gray reported Mrs. Brown called and said the
society would like permission to display the exhibit
from the eleventh to the eighteenth rather than from
the eleventh to the fifteenth.
Mr Carroll asked if the Board thought, in refer-
ence to the flags, that if the request were granted, a
precedent would be established. He asked if this same
request could be applied to other groups.
The Chairman asked if there would be any objection to
leaving the matter with him and Mr. Gray to try and modify
it.
Mr. Mabee suggested that the display of flags be con-
fined to the immediate area which is germane to the exhibit .
Upon motion duly made and seconded, it was voted
to leave the matter up to the Cuairman
Upon motion duly made and seconded, it was voted
to sign an Order for the construction of a sewer in Sewer Orde•
Denver Street (See Selectmen's files - Sewer Easement
Orders, 1965)
Upon motion duly made and seconded, it was voted
to sign an Order for the construction of a sewer in Sewer Oabr
Worthen Road. (See Selectmen's files - Sewer Easement
Orders, 1965) .
Upon motion duly made and seconded, it was voted
to issue a Liquor Purchase Identification Card to Mary ID Card
Louise Mascarello, 29 Lincoln Street , Lexington, satis-
factory evidence of her age having been submitted
Upon motion duly made and seconded, it was voted
to issue a Liquor Purchase Identification Card to ID Card
Bruce H. Simpson, 3 Amherst Street, Lexington, satis-
factory evidence of his age h awing been submitted
Upon motion duly made and seconded, it was voted
to grant a Taxi Driver License to Clifford H. Anthony, License
30 Prospect Hill Road, Lexington, satisfactory character
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reference having been received from the Chief of Police.
Messrs . Legro and Carroll left the meeting at 8 :10 f.M.
Uoon motion duly made and seconded, it was voted
Permit to issue a Commercial Dump Permit to Frank Sarno, 25
Overlook Avenue, Burlington
Mr . Gray reported that attorney McHue, representing
Mr and Mrs. Sullivan on Winter Street, called. A year
Sullivan ago the Town made a taking for land for a cul-de-sac and
claim no damages were awarded. He said within the time limit
they asked the Board to make them an offer and have been
assessed $1645 which he did not think had been paid. He
said Mr. Snow, former Town Planner, worked on this and
at one time attempted an exchange of land.
It was agreed, providing no statement of value has
been made, to authorize Mr. Gray to have a statement of
value made .
Mr. Jules P. Sussman, Chairman of the Lexington Conser-
vation Commission, met with the Board . Mr . Sussman
stated what he had to discuss could affect the finances
of the Town.
Upon motion duly made and seconded, it was voted
Executive to go into Executive Session for the purpose of discuss-
Session ing, deliberating or voting on matters, which, if made
public , might adversely affect the public security, the
financial interest of the Town, or the reputation of any
person.
Following discussion pertaining to conservation
matters, it was voted to resume the open meeting.
Mr . John Carroll returned to the meeting.
Messrs . Ripley, Bryson, Jaquitt}, Abbott, Fisher,
Mrs . Morey and several other individuals met with the
Board .
Mr. Ripley, speaking for the group, explained they
were present because of the fact the small red house,
the fourth one down from the right from Pleasant Street
House at was scheduled to come down next week. He said he did
572 Mass . know it was in danger of coming down two months before
Avenue but was so busy he did not think much about it . He
heard last Monday it was coming down and that is when he
called the Chairman, some other people, and found out a
little more about it He said he had the feeling this
house, even though he did not know at the time how old
it was, should have some more advertising or some notice .
Someone should have known something about it . He said
he could understand the Board 's position on it. He said
229
he thought the Board might be intereted to know he came
up with this . He has two deeds from the Registry, and
if he read them correctly, this is a summary he made from
reading the deeds . The land w-s sold in 1822 by Ely
Robbins to a Blodgett In 1833, the house and sand was
sold to Solomon Harrington, Jr. by Blodgett The house
was then sold in 1837 by Harrington to Lucy Crosby et al.
This places the house being built between 1822 and 1833.
The people to whom he has talked about this have been very
much surprised it was anywhere nearly as old a s that
It was not a Revolutionary house . It seems to him with
the extension of the Historic Districts coming, just about
everything on the Avenue today should be kept there at
least until that time. He said as far as he feels, any
house of that age is worth saving. He said he was sure
the house needed improvement and should be painted. He
said on the other side of the argument, it seemed to him
the Town does have some alternatives for tearing down the
house and could derive some income if offered for sale,
land, house and all. If Emerson Road does dome, it then
could take it and buy it if the house had to come down.
He said there is no reason for taking it down now. It
could be offered for sale to move away. He said it seems
as though someone could take it and fix it up and put a
tenant in there . This would be better than paying $400
or S500 to tear it down. He said he wouldrather see the
house used and lived in.
The Chairman asked if Mr. Ripley knew of anyone who
would be interested in the sale.
Mr . Carroll said he has not looked at the house with
the intent of moving it. He said he thought it would be
difficult but anything can be moved nowadays .
Mrs. Morey said in case anything of any known age is
considered for destruction, maybe the Board could go slow.
Having heard it was going down the next day, they thought
let ' s go slow and see what other way it could be used if
it could be used. At the time the land was purchased,
the hcuse was in poor condition and the Board, at that
time, had no thought of doing anything with it except des-
troying it . Then the family, through the Follen Church,
came up. She said the Board six or seven years ago was
remiss in not looking at the background of the house . The
main thing is when there is something like this, let 's go
slow and see if there is some way of preserving it .
The Chairman asked at what point in age does a house
become worth preserving as an antique or historical monument.
Mr. Ripley replied the Worthens are in favor of somehow
maintaining the house if possible and as a matter of principle,
doing this all over Town on every old house .
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et
The Chairman said the original intent was todestroy
the house
Mr. Jaquith said as one goes through East Lexington,
every other house down there is an aged house in relEtion
to the rest of the Town. Everyhouse taken out of that
area takes that much more away rom the village concept
of East Lexington. He said he hoped that part of the
Town will be brought back to a village atmosphere He
said if erson hoed goes through, t�iis house will have to
go . He did not think the Town could wait for a decision
about Emerson Road. Something has to be done about the
house. It cantt remain there much longer in its present
condition and he would hate to see the house moved from
that location without a study.
The Chairman said the immediate alternative is that
the Town maintain it because the Town owns it . He stated
if it goes too much longer, everyone knew what would happen
to it, and it will not get any better .
Mr. Jaquith said the Board would have to spehd some
money on it or do something with it
The Chairman said even two or three months waiting
is an invitation to vandalism
Mr. Jaquith said the sheds on the back could be re-
moved from there, which, he believed, did not have any
significance to the house. The yard could be cleaned
up a lot. The Town could do a little outside work.
One cellar window is open and a match could be dropped
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in there
The Chairman said some youngster may have left the
cellar window open. He asked if the Historical Society
had any interest in the house.
Mrs. Morey said this has not been brought before the
Historical Society and the council has too limited funds
to be in a position of acquiring a house.
The Chairman asked if the Historical Society would
be interested in maintaining the house and would it have
any reason to.
Mrs . Morey replied she thought if it were to be main-
tained, $2,000 would have to be spent and she did not
know how much of the rent had been put into maintenance.
Mr. Carroll explained the rent, and all receipts.
have to go into the Excess and Deficiency Account .
The Chairman asked how much it woLld cost to take
the house down.
Mr. Carroll replied 200 or $300.
The Chairman asked if the Town spent $200 or $300,
could the house be maintained for thirty days : .
Mr. Carroll replied it could be maintained for
less than that for thirty days He said he could have
the windows boarded up and the house kept tight.
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The Chairman asked how the Board would feel to grant-
ing an extension of time, say thirty days, before the house
is taken down, and within that time, this group come in
with some concrete suggestions as to what can be done.
Mr. Ripley said the idea of selling it implies ad-
vertising it.
The Chairman said he did not think the Board could
sell it because the land was acquired for a specific purpose.
Mr Ripley said he meant to sell the property as it
is and get the owner to live in it for the next fifteen
years
The Chairman said this property has been acquired for
a specific purpose. It does not mean Emerson Road in toto
is through. The Board would have to go to Town Meeting
because this property was acquired for a specific purpose.
/+ It was agreed that two or three individuals repre-
senting the group would take a real estate man, make an
appointment with Mr. Carroll, and go through the house.
Upon motion duly made and seccnded, it was voted
that Mr. Ripley and his committee study the matter and
bring a report within thti ty days, during which time
the Selectmen guarantee not to destroy the house.
The group and Mr. Carroll retired at 10:35 P.M.
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of discussing,
deliberating or voting on matters which, if made public, Executive
might adversely affect the public security, the financial Session
interest of the Town, or the reputation of any person.
Following discussion with the Town Counsel, pertain-
ing to the 1775 Realty Trust, and a police matter, it was
voted to resume the open meeting.
Upon motinn duly made and seconded, it was voted
to adjourn at 11:07 P.M.
A true record, Attest
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x'ecuive,.Clerk Select en