HomeMy WebLinkAbout1964-06-29-min SELECTMEN'S MEETING
June 29, 1 6
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A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, June 29, 1964, at 7:30 P.M. Chairman Cole ,
Messrs. Brown, Burnell and Cataldo were present. Mr.
Richards, Special Counsel, Mr.Carroll, Superintendent
of Public Works, Mr. Gray, Executive Assistant, and
Miss Murray, Executive Clerk, were also present.
Hearing was declared
upon open petition of the
P
Boston Edison Company for permission to locate conduit,
manhole and pole on Lowell and Summer Streets . Conduit
Mr. -erverson, representing the petitioner, was location.
the only person present at the hearing
Notice of the hearing was mailed to the petitioner,
owners of the property as listed on the petitioner 's
plan, and also filed with the Superintendent of Public
Works .
Mr. Serverson stated that he assumed Mr. Carroll
had been notified by the company's engineering depart-
ment, but he had not been. He said he would like to
discuss the proposed locations with Mr. Carroll and
then resubmit them to the Board.
Mr. Serverson retired.
Mr. Carroll reported on bids taken this afternoon
on the second sewer lateral contract. The low bidder
was P. Gioioso & Sons with a bid of $114,605. He stated
that Gioioso is presently doing a job with Whitman & Sewer bid
Howard, but Mr. Edward Howard was not in a position
this afternoon to recommend that the contract be awarded.
He thought the contractor had a couple of months ' work
to do on a job in Westwood Mr. Carroll said if he
found out in the two-week period to the next Selectmen's
Meeting that this contractor is all right, and the Board
wants to make an award, he would go ahead and prepare the
contract and then two weeks from tonight , the Board could
vote to award the contract and to sign the contract.
The Chairman said in the event it was decided not to
award the contract to the low bidder, the Board should
give Mr. Carroll the same permission to go ahead with the
second low bidder
Mr. Richards stated that Mr Carroll talked to him
about awarding a contract, toe low bidder not having
been fully investigated. He said if it is approved, it
is Mr. Carroll 's intention to have the contract signed.
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Upon motion duly made and seconded, it was conditionally
voted to approve awarding the second sewer lateral contract
to Gioioso & Sons in tie amount of $114,605.
Mr. Carroll mentioned that the garbage contract calls
for three trucks and nine men in the summer months
He said almost from the beginning, he has known the con-
tractor has not had nine men on. He said he decided to
get as many facts as he could and had a man from the
Engineering De artment checking on the contractor. He
reported verbally on information obtained and said if
the Board assesses the liquidated damages, there is a
total of $525 in fines. He suggested that he contact
Mr. Roketenetz and arrange a meeting with him and the
Chairman of the Board so there will be no question about
the Board 's intention to have two collections a week and
the Board 's intention to enforce the contract. He said
he would arrange for a meeting at the Chairman's conven-
ience.
Mr Carroll presented a plan of the Senior High School
area and reported that the Clerk of the Works at the High
School approached him and said when the contractor did
some drain work, he took down eighty or ningty feet of
fence. Now they want to build a road around the building
and to do this, it will be necessary to remove the enclosed
field fence back thirty feet The price to put the fence
back up is $295, plus moving the Little League backstop
at a cost of $75. He said he thought this should be paid
from the school building appropriation He explained the
parcel of property originally owned by the Town through a
will of Scott was to be used for Park and Recreation pur-
poses, but by an Act of Legislature, the Town was able to
use it for school and recreational purposes . He asked
if the Board wanted him to talk to the School Building Com-
mittee and advise it that the Board had no objection pro-
vided the expense involved is paid out of the building
appropriation. He said the only question he had is that
part of the field will be taken.
Mr Cataldo asked if it would ruin the field.
Mr. Carroll replied in the negative and said it would
be making it smaller, that is all.
The Board had no objection proviLing the expense in-
volved is paid from the school appropriation.
Mr. Burnell inquired about the plan for the playground
and Mr. Gray advised that all concerned are now waiting
for Mr. Snow.
Mr. Burnell recommended that the Board give Mr. Snow
two weeks in which to submit plans , and if they are not
completed within that time, to concel the contract
2 9:
IIMr. John Brucchi, 63 Paul Revere Road, and Dog
Officer, Michael Shaughnessy, met with the Board, with
further reference to a Collie dog owned by Adams, 69 Paul -
Revere Road.
Mr. Brucchi said the SPCA told him to shoot the
Adams ' dog, which he said was trained to chase his horses,
but he does not want to do that . Mr. Brucchi reiterated
complaints he has made a various times before.
Officer Shaughnessy repeatedly advised the Board of
Selectmen that he found no basis for a complaint at all.
He reported that the people in the neighborhood find no
cause for complaint .
Mr. Brucchi said the dog is supposed to be on a
leash and that is what he wants.
Officer Shaughnessy said the Adamses do not let
the dog out of the house except when they are right
there.
The Chairman asked if Officer Shaughnessy was pre-
pared to enforce the restraining order, and he replied
that he was when it is broken.
Mr. Brucchi said he wanted the Board to write a
letter stating that the dog will neve be outside a
fence or without a leash.
The Chairman explained there is a legal restraining
order and a letter from the Board will not carry any more
weight than the restraining order.
Mr. Brucdhi suggested that he takes pictures as evi-
dence . he
Officer Shaughnessy said that if/takes pictures,
they had better have the tag with the number on it because
there are other Collie dogs in the neighborhood. He said
all he wanted was evidence that it is definitely the Adams '
dog.
The Chairman suggested that Mr . Brucchi submit what-
ever evidence he thought was good evidence, submit it to
the Board, and the Board would consider it.
Mr. Brucchi retired at $:05 P.M.
Mr. Burnell asked for a ruling from Town Counsel as
to whether or not theRoard could delegate dog complaints
to a committee to handle the hearings and repert to the
Board.
Mr. Richards explained that the Board could delegate
an individual to investigate and report to the Board, but
the Board of Selectmen would have to make a decision. He
said any member of the Board could act as Dog Officer pro
tem, but he hardly thought it necessary where there is a
duly appointed Dog Officer
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The Chairman asked if any person has the right to
ask for a hearing before theBoard.
Mr. Richards replied that he thought they did. He
said he did not think it was necessary for Mr. Brucehi
to take the Board's time as the Dog Officer has reported
no evidence of a violation and that should be the end of
it .
Officer Shaughnessy retired at 8:15 P.M.
Mr. Richards referred to a claim filed by Oscar
Carlson for damages sustained by the taking of his pro-
Claim perty down in the area of Moreland Avenue . He said it
is returnable to the Middlesex Superior Court, Cambridge,
on the first Monday in August.
Mr. Gray informed Mr. Richards that an appraisal
had been made in writing by R. M. Bradley, but Mr. Carlson
would not come anywhere near it
Mr. Richards referred to a claim filed by Rita Andrew,
19 Minute Man Lane, for injury alleged to have been sus-
tained when she fell on the sidewalk in front of 2195
Massachusetts Avenue which she claimed was in a defective
condition. He said Mr . Carroll had an investigation made
and is sending him a copy of the report.
Mr. Richards submi ted a contract in the amount of
Sidewalk $5,800, for reconstructing sidewalks, which was awarded
contract on June 22, 1964 to the Celluci Construction Company,
the low bidder.
Upon motion duly made and seconded, it was voted
to execute the contract between the Town of Lexington
and Celluci Construction Company.
Mr. Richards submitted a contract, in the amount
of $34,515 for resurfacing streets and sidewalks which
was awarded on June 22, 1964 to Trimount Bituminous
Resurfacing Products Cp. , the low bidder.
Contract Upon motion duly made and seconded, it was voted
to execute the contract between the Town of Lexington
and Trimount Bituminous Products Co.
Letter received from attorney for Pine Meadows Golf
Club, requesting partial release of a sewer betterment
assessment, was taken by Mr Richards.
Sewer Mr. Carroll explained that the attorney is refer-
betterment ring to land taken by the State, but the parcel of land
for which they are asking for a release of the betterment
is not connected at all with Pine Mead ows Golf Club
Mr. Richards said he would look into Mr. Legro 's
files on the subject.
Mr Richards retired at 8 :35 P.M
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Letter from Charles E. Forrester, 11 Parker Street,
with further reference to traffic on Parker Street, was Traffic
referred to the Traffic Study Committee.
Letter from dames J. Gaffney, 23 Rawson Avenue, with
reference to traffic on Bow Street and Rawson Avenue, was Traffic
referred to the Traffic Study Committee.
Letter from Nellie-Way Hayden, 151 Grove Street,
with reference to traffic on Grove Street, was referred Traffic
to the Traffic Study Committee.
Upon motion duly made and seconded, it was voted
to grant the petition and sign an order for the follow-
ing pole relocations on Waltham Street:
Pole
Waltham Street : From a point 1015' southerly from locations
Concord Avenue, southerly, eight poles ; also,
remove eight poles .
Mr. William T. Coppins and Mr Stoddard of the
John E. Begley Co. , met with the Board. Executive
Upon motion duly made and seconded, it was voted Session
to go into Executive Session for the purpose of dis-
cussing, deliberating, or voting on matters which, if
made public, might adversely affect the public security,
the financial interest ofthe Town, or the reputation of
any person.
Following a discussion of a confidential matter, it
was voted to resume the open meeting.
Mr. Gray reported that Donald F. Bryant, Danvers,
who has applied for a Taxi Driver license would like to
have twelve months to move to Lexington rather than six, License
as suggested by the Board He said the Minute Man Cab,
Inc. , which Mr. Bryant intends to purchase, is a corpo-
ration
Mr. Gray referred to requests for the use of Cary
Hall being made by telephone during the week. He said
there was some difficulty this week when one janitor
was out sick. The Head Janitor checked on Tuesday
following the Board 's meeting and there had been m applications
for the use of the hall that week. Mr Gustin tele-
phoned and was granted permission to sue Cary Hall.
One janitor was out sick, and 1"lr. Bentley, having checked
Tuesday for rentals, made plans with his family He
said unless tie janitors know in advance, this is becoming
a problem.
The Chairman saiek
d the board would require a we ' s
notice
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Letter from Taylor, Lieberfeld and Heldman, Inc. ,
Planning Service, New York was referred to the Committee
for the Revitalization of Lexington Center.
Letter from Guterman, Horvitz & Rubin, 50 Congress
Street, Boston, re The Mass Transportation Bill, was noted
and placed on file.
The Chairman reported that he had no opportunity this
week to contact Mr.riobert Kent to discuss the need for
official Town involvement in the process of integrating
the American negro into the community.
Upon motion duly made and seconded, it was voted
to make the following appointments to the Committee for
the Revitalization of Lexington Center: Lee E. Tarbox,
Committee and George A. Kolovson, representing the Chamber of
Commerce, Joseph A. Trani and Otis S. Brown, Jr. , repre-
senting the property owners, and the Chairman of the
Board to represent the Board on a temporary basis until
the next meeting of the Board, at which time, it is ex-
pected all members will be present and a permanent ap-
pointment made.
Upon motion duly made and seconded, it was voted
to grant General Films, Inc . , 53 Berkeley Street,
Boston, permission to use Cary Memorial Hall on August 3
Use of and L. from 8:30 A.M. until 5:30 P.M. for a filming
tall session, subject to a charge of $100 per day, plus $3.L.6
per hour for janitor 's overtime services.
Upon motion duly made and seconded, it was voted
to grant the Lexington Choral Society permission to use
Use of Cary Memorial Hall on November 22, 1964, from 8:30 P.M.
hall until 11:00 P.M. for a concert , free of charge, but
subject to a fee of $3.16 per hour for janitor 's over-
time services .
Upon motion duly made and seconded, it was voted
Use of to charge Mr . Bertram P Gustin $35 for the use of Cary
hall Memorial Hall on Saturday, June 27, from 7 :00 P.M. until
11 :00 P.M.
Some discussion was held relative to permitted uses
Cary Memorial and charges for Cary Memorial Building, and it was agreed
Hall to consider possible changes to the present Rules and
Regulations at thenext regular meeting of the Board.
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Upon motion duly made and seconded, it was voted
to ppprove the minutes of the Selectmen's Meeting held Minutes
on June 22, 1964
Upon motion duly made and seconded, it was voted
to adopt the following Orders for Construction of Sewers :
Vine Street from existing end a distance of 385 feet
northeasterly
Nowers Road from Henderson Road, south and southwest, a
distance of 625 feet to Blake Road
Blake Road from Burlington Street a distance of 570 feet
northwesterly to Nowers Road
Foster Road from existing sewer a distance of 387 feet
northerly to Dane Road .
Revere Street from Bedford Street, a distance of 335
feet northwest.
Dane Road from Foster Road to Sherburne Road .
Dunham Street from 300 feet east of Utica Street a
distance of 190 feet easterly.
Trotting Horse Drive from Peacock Farm Rofid easterly
a distance of 880 feet to end
The meeting adjourned at 9 :45 P.M.
A true record, Attest :
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