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SELECTMEN'S MEETING '
November 4, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen 's Room, Town Office Building,
on Monday, November 4, 1963, at 7:30 P.M. Chairman
Cole, Messrs. Brown, Burnell, Cataldo and Sheldon
were present . Mr.Legro, Town Counsel, Mr. Gray,
Executive Assistant, Mr. Carroll, Superintendent of
Public Works, and Miss Murray, Executive Clerk, were
also present.
Mr. Legro made a brief report regarding tax title
lot 118 Cary Avenue. A deed was executed at the
Tax title last meeting of the Board conveying this lot to
Charles H. Sweeney, Jr. Mr. Legro stated that Mr.
Sweeney had paid the 1962 and 1963 real estate taxes
and said the deed would go on record.
Upon motion duly' made and seconded, it was voted
Warrant to sign the warrant for the Special Town Meeting to
be held Monday, November 25, 1963.
Mr. Carroll said he had an item having to do with '
the construction of Lowell Street near East Street.
In the process of laying out and designing this particu-
lar section, which he indicated on a plan, now under
contract to Coletti, they found that there is a large
Lowell Street dip on the road approximately 500 feet from East Street
drainage He said t'le only way the water can get out of the dip
is to put it into the low area, land owned by Semonian
The original design by Metcalf & Eddy in 1930 showed the
same solution to this drainage problem He stated that
the problem cannot be solved by raising the street , and
Mr. Semonian does not life the proposed solution. Mr.
Carroll said that for the time being, he had advised
the contractor that he will break off the end of this
pipe. He said he did think the Town should take what-
ever rights it feels are necessary to insure that it is
able to dump water onto this property. He explained
that the water would get away down through Semonian' s
property to Ridge Road which he said was a natural course
for the water He recommended that no piping be done at
the present time and stated this is a low swampy area
He stated that all that would be done would be to channel
the water.
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' The Chairman asked if the Town had the right to flood
private property, and Mr. Canxoll replied that he did not
think the Town would be flooding the property.
Mr. Brown said Semonian is now picking up a quantity
of water from the existing Lowell Street.
The Chairman asked if Mr. Carroll contended that it
would be a natural flow.
Mr. Carroll replied in the negative.
Mr. Robert Sherman, who lives on Ridge Road, said
that the more water the Town put in here, the more water
would run into the brook through his property. He said
the land is low and will not take any more water
Mr. Carrcll explained that to get the water all the
way to Vine Brook would involve an expenditure of between
$20;000 and $30,000.
The Chairman said he would like to look at the area.
Mr. Cataldo said if the pipe is bricked up, the
condition would not be any different than it has been
for years.
The conclusion was that the members of the Board
should inspect the area.
The Chairman read a letter from Allen C. Smith,
5 Forest Street, requesting the installation of curbing
on the northerly side of Forest Street from Waltham
Street to Muzzey Street. Curbing
Mr. Carroll reported that Mr. Smith talked to him
on the telephone after he wrote the letter. Mr. Carroll
said except for the appearance of the property, he did
not think there is a need for curbing. He said the
telephone company would seed the area between the side-
walk and the street where the conduit has been placed.
He said he did not think granite curbing should be in-
stalled unless it was done under betterment and bitumi-
nous curbing should not be installed because it would
be establishing a precedent and numberous similar requests
would be received from the neighbors. He said he would
prefer to see the area grassed and left the way it was
and he would go along with granite curbing only under
betterment. He explained that the Town has been putting
bituminous curbing in free wherever there was a need.
Mr. Burnell suggested that the Board advise Mr. Smith
that it would be the Board' s intention to install the
curbing only if he was interested in paying for the curling.
Mr. Cataldo said granite curbing would cost between
$440 and $5DO a foot installed.
Mr. Carroll questioned whether curbing could be in-
stalled under betterment .
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Mr. Sheldon said he did not think Mr. Smith wanted
to pay anything.
Mr. Burnell said the Town is not ready to put granite
curbing on this street.
Mr. Legro advised against installing a curbing under
betterment.
Mr. Carroll said that once the area is loamed and
seeded, he thought it would be all right.
Upon motion duly made and seconded, it was voted
to tell Mr. Smith that it will not be possible to
grant his request for the installation of the curbing
and that the area will be loamed and seeded by the tele-
phone company.
The Chairman read a letter, signed by Charles F.
Hutchinson, Philip Gallagher, Jr. , and Warren W. Fox,
stated that the proposed land takings connected with
the widening and relocation of Spring Street and the
Route 2 overpass affect them adversely and, they felt,
unnecessarily. They contended that the properties of
Nos. 163-165-166 Spring Street ha*e more than adequate
frontage to accommodate the desired widening and they
asked the Board, if this request appeared reasonable,
to request the State to consider a change.
The Chairman asked if Mr. Carroll suggested that
the Board write the State and ask to have the road
changed.
Mr. Carroll replied that it would not do any harm,
but the Board has already told the State it approved
the plans. He said he has talked to Jack Gardner who
told him the State has gone into design on this.
Mr. Burnell asked how much property the State was
taking from Mr. Gallagher, and Mr. Carroll replied 25
feet at one end and almost 55 feet on the other end.
Mr. Burnell asked if he would be able to maintain
his home, and Mr. Carroll replied that is what the
State intends .
The Chairman asked if the Board wanted to send
the State a letter asking if it could alleviate the
problem.
Mr. Burnell said he thought this is the only just
action the Board can take.
The Chairman read a litter from J. D'Amico Incorpo-
rated in regard to the Woodhaven Trunk Sewer Project,
Woodhaven on which they were low bidder, which has not been awarded.
sewer con- Mr. Carroll explained that thelast step the Town
tract has to take with the State Department of Health has been
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taken and he hopes to get word by next Wednesday so the
Board can make the award at that time.
The Chairman said he would advise D'Amico that the
Board is proceeding with all possible dispatch.
The Chairman read a memo from Mrs. Rose E. Complaint
Steinhauser, 9 Lexington Avenue, complaining about the re Lexing-
construction work done on the street . ton Avenue
Mr. Carroll reported that he has looked at the
catchbasin problem. He also looked at the street and
there are some minor problems. He said as far as he
could see, the work was done very well. He recalled
that this was a paved street and the people did not want
to petition to have it accepted. This was initiated by
an agreement by the Town to acquire all the Tower Estates'
land and he believed acceptance was recommended by Mr.
Stevens.
It was agreed to advise Mrs . Steinhauser that the
Board will investigate the matter.
Upon motion duly made and seconded, it was voted
to grant a petition and sign an order for the installation
of two poles in Lillian Road, northwesterly from a point Pole
approximately 385 feet southwest of Anthony Road, the locations
proposed locations having been approved by Mr. Carroll.
The Chairman read a letter from Mr. Edward Cataldo
with reference to furnishing water to lots 402 and 404
on Lincoln Street.
Mr. Carroll said he did not think it wise for the
Board to start putting in water mains, even though the
money is available, at any time unless it is appropri-
ated and discussed ahead of time. He said he felt the Water
same way abort installation of sewer mains. He also service
said he does not like the idea of long services . How-
ever, because of this particular situation, he felt if
the Town did construct a temporary water service to
take care of both houses, Mr. Cataldo could pay for the
entire cost, and if the Town installed a main next year,
coming out straight, he should agree, if the Town did
not appropriate funds, to pay the cost of something in
the vicinity of $1,000.
Upon motion duly made and seconded, it was voted
to permit the installaticn of a temporary water service,
providing Mr. Cataldo petitions for the installation of
a water main in 1964, and that he agrees to pay for the
installation of said main if the Town does not appropri-
ate the necessary funds.
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Upon motion duly made and seconded, it was voted
to grant a permit to Porter & Desmond to move a house
from 10 Pilgrim hoed, Arlington, to Lincoln Street ,
Permit subject to the usual provisions.
The Chairman read a letter from Mr. Roland B.
Greeley, with reference to so-called Lot B of the
Lot B Meagherville School Site.
Meagher- Mr. Gray was instructed to follow through on Mr.
ville Greeley's suggestion.
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen's Meeting held
on October 28, 1963.
The Chairman read a report from Mr. Irwin in regard
to the platform at the site of the former Carriage House
Restaurant.
Mr Burnell said he thought the liability would be
Platform on the owner of the land.
Lincoln Mr. Car_•oll explained that Mr. Irwin knows the
Street people he is dealing with and is trying to be practical.
Mr. Burnell suggested that the matter be referred
to Town Counsel, but the Chairman felt that the Board
should resolve it without turning it over to Town Counsel
Mr. Burnell said he did not think the Town should
move the platform. He suggested that the matter be re-
ferred to Mr. Gray who may have to work with Mr. Irwin
or Mr. Legro.
The Chairman read aletter from Mr. Irwin in regard
to property at 33I. Woburn Street and Mr. Jack Mitchell's
letter of October 21, 1963.
Complaint It was agreed to defer action until receipt of a
report from the Planning Board.
Upon motion duly made and seconded, it was voted
Cert.of Inc to certify the character of Lewis B. Klebanoff, L.
Marlboro Road, who has applied to the State for a Certi-
ficate of Incorporation .
Letter was received from the Appropriation Committee
advising that the Board' s request for a transfer of $150
Memorial & for Veterans ' Day Expenses was denied, the Committee
Veterans ' ;determining that it was not an emergency.
Days The Chairman suggested that Veterans' Day and
Memorial Day Observances be included in the Town Cele-
brations Committee budget. Mr. Gray was requested
to obtain information as to the origin of Memorial and
Veterans ' Days .
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Upon motion duly made and seconded, it was voted
to grant permission to the Simon W. Robinson Lodge, Use of hall
A.F. & A.M. to hold a dinner and dance in Cary Memorial
Hall on Saturday, May 9, 1964, subject to a charge of
$35.00, plus a fee of $3.00 per hour for janitor!:s
overtime services.
Upon motion duly made and seconded, it was voted
to grant a Taxi Driver License to William G. Converse,
40 North Hancock Street, satisfactory references having License
been received from Chief Rycroft.
Upon motion duly made and seconded, it was voted
to renew Lexington Liquor Mart' s Package Goods Store
license subject to approval of the .Alcoholic Beverages License
Control Commission.
Invitation was received from the State Director of
Civil Defense to attend dedication ceremonies of the Invitation
Emergency Operating Center in Framingham on November 16,
1963, at 10:00 A.M.
Upon motion duly made and seconded, it was voted
to sign an Order for the construction of a sewer in
Moreland Avenue from 310 feet, more or less, southwest Sewer Order
of Davis Road to 385 feet, more or less, southwest of
Davis Road. (See Selectmen 's files - Sewer Orders 1963)
Mr. Cataldo inquired as to how many 1964 budgets
had been submitted to the Board and Mr. Gray reported
he had received ten. Budgets
The Chairman said he would like to send a letter
requesting that all budgets, which were due November 1,
be submitted immediately.
The Chairman read a letter from the Board of Fire
Commissioners with reference to injuries sustained by
Private DeVenezio and Private McIver. The Commissioners
have not provided for medical bills in their budget and
asked if the bills would be paid by the Selectmen or if Fire Depart-
they should request a transfer of funds . ment medical
Mr. Carroll asked if the men were covered by Work- bills
men' s Compensation, and Mr. Sheldon replied that he did
not think the firemen were covered. He stated that
during his term on the Board of Fire Commissioners,
they always paid the men 's medical bills.
Mr. Burnell suLgested that this be referred to Mr.
Gray to check.
Mr. Gray suugested that all insurance policies be
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placed under the care of the Executive Assistant to
the Board.
Upon motion duly made and seconded, it was voted
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 of the Town, or the reputation of
any person.
The meeting adjourned at 10:20 P.M.
A true record, Attest :
,— a ver 7.; �%, Selectm: .
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