HomeMy WebLinkAbout1963-09-03-min 467
SELECTMEN'S MEETING
September 3, 1963
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Tuesday, September 3, 1963, at 7 :30 P.M. Messrs
Burnell, Brown, Cataldo and Sheldon were present
Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant,
Mr. Carroll,cSuperintendeit of Public Works, and Miss
Murray, Executive Clerk, were also present.
Mr. Burnell acted as Chairman in the absence of
Mr. Cole, having been elected at a previous meeting.
Hearing was, declared open upon petition of the
New England Telephone and Telegraph Company for per-
mission to locate conduits and manholes under various
public ways.
Mr. Robert J. Dunn, Right of Way Agent, repre-
senting the petitioner, Mrs. Sanborn Brown, Mr. and
Mrs. Willis cousins, 16 Parker Street, and Mr. Reynolds,
representing the Lexington Arts and Crafts Society, were
present.
Notices of the hearing were mailed to the peti-
tioner, owners of the property as listed on the peti-
tioner 's plans and also filed with the Superintendent
of Public Works.
Mr. Dunn explained that the petition is to pro-
vide carrying plant for the divergency of trunk circuits
throughout the northeast section of the State.. It will
also reinforce the existing conduits to provi1e more and
better service to local customers. He explained that
the route was taken so that Massachusetts Avenue in the
Center wil not be disturbed He also explained that
the conduit from Marrett hoed to the Arlington line is
being reinforced to co-ordinate with the contemplated
street resurfacing of that area
Mrs. Sanborn Brown, representing the Pollen Church,
asked how far 7,1+89 feet is.
Mr. Dunn replied about a mile and a half and is
from the Arlington line to Marrett Road.
Mrs. Brown asked when the work would begin.
Mr. Dunn replied that if approved this evening,
work will start next Monday
Mrs. Brown said the Pollen Church is having a
Fair on Saturday, September 14, and she would not like
to have this proposed work interfere.
Mr. Dunn said they will never be up that far by
the fourteenth, but he would make a note of it anyway.
*for present and future facilities that will provide
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The Chairman said the church has a parking area
across the street which it will be using as well as the
front lawn of the church.
Mr. Dunn explained that driveways are usually get
immediately or a steel plate is put on. He said he
doubted very much if the work would be up that far, as
they won't do a mile in six days .
Mrs. Brown also mentioned access to the church
and parking area during church services.
Mr. Dunn assured her that anyone would be able to
get in.
Mrs. Brown said she would like it so people can
walk from the parking lot directly across the street
to the church on Sundays.
Mr. Dunn also made a note of this.
Mr. Cousins, 16 Parker Street, asked how the trench
would affect his property.
Mr. Dunn explained th.t it will be backfilled and
showed him the plan.
Mr. Cousins asked if the trench would be in the
street, and Mr. Dunn replied that it may be in the side-
walk but that it would not be on Mr. Cousins $ property.
He stated that the driveway would not be blocked.
Mr. Cousins asked if the manhole would be service
to the cables, and Mr. Dunn replied in the affirmative.
Mr. Cousins asked about landscaping after the job
is completed, and Mr. Dunn stated that there will not be
any change other than what is there now.
Mr . Reynolds asked if the conduit was to be lo-
cated in the street.
Mr. Dunn replied that it is out in the middle of
the street and no manholes are involved in this area.
Mr. Cataldo reported that Mr. Hoxie came in at
7:15 P.M. and asked if this was just a trunk line with
no services going into the houses.
Mr. Dunn stated it is to provide more and better
service.
Mr. Bataldo said Mr. Hoxie wanted to go on record
as being opposed only if it was going over his private
property and wanted to be assured it would be properly
resurfaced.
The Chairman asked for a spew of hands of those
in favor. Two raised their hands and no one opposed.
The hearing was declared closed and the group
retired.
Upon motion duly made and seconded, it was voted
to grant the petition and sign the order for the fol-
lowing manhole and conduit locations :
Massachusetts Avenue : Westerly side, approximately two
hundred and twenty-two (222) feet northerly from
Marrett Road, one (1) manhole
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Massachusetts Avenue : From Arlington line : northwesterly,
then northerly approximatelyseven thousand four
hundred and eighty nine (7,49) feet of underground
conduit, also five (5) manholes .
Massachusetts Avenue : Approximately two hundred and fifty-
six (256) feet southerly from M H 54/6 at Woburn
Street one (1) manhole .
Waltham Street : Southwesterly, then westerly from M H
54/73 approximately four hundred and fifty (450)
feet of underground conduit
Forest Street : Westerly, from Waltham Street, approxi-
mately nine hundred and three (903) feet of under-
ground conduit also one (1) manhole.
Forest Street : From M H 54/76, southerly, approximately
thirty seven (37) feet of undergi'und conduit.
Clarke Street : Southwesterly, from Forest Street, approxi-
mately four hundred and ninety four (494) feet of
underground conduit, also one (1) manhole 54/77
Clarke Street : Northerly, from M H 54/77, approximately
thirty nine (39) feet of underground conduit.
Parker Street : Northerly, from Clarke Street, approxi-
mately Thirteen hundred and seventy two (1372)
feet of underground conduit : also two (2) man-
holes .
Massachusetts Avenue : Northerly, then westerly, from
Parker Street, approximately one hundred and sevebty-
fdpr (174) feet of underground conduit.
Massachusetts Avenue : From M H 54/81 easterly, approxi-
mately twenty five (25) feet of underground conduit.
Massachusetts Avenue : Westerly, approximately twenty-five
(25) feet of underground conduit .
Mr. Legro said he had prepared a deed conveying
lot 4, block 88 Reed Street to Teresa Delfino. The
deed stated that the lot was conveyed subject to ease-
ments, if any of record, so far as now in force and
applicable, and subject also, for a period of 99 years
from the date of the deed, to the restriction that, for
purposes of building, said lot 4 and lots 1, 2,and 3 are
to be combined into one lot, and that only one building,
470
together with customary accessory buildings, shall be
erected, placed or maintained on the combined lot.
Upon motion duly made and seconded, it was voted
to execute the deed as presented by Mr. Legro. (Mr.
Legro took the original. )
Mr. Legro stated that he received a letter from
attorney Donald Sleeper in regard to property owned
by Elsie Miller, 134 Burlington Street, next to Colonel
Keith's property. Some time ago, the Board voted to
Miller abate the sewer betterment assessment on the Keith
sewer property and received from him a confirmatory deed and
betterment release of damages. He explained that Mr. Sleeper's
letter was directed to him because Mr Sleeper had met
him in court at various times and mentioned the matter
to him. The betterment assessment is $850.42, and
Mr. Sleeper said the matter could be disposed of if it
is abated and the Town connect the Miller property to
the trunk line. Mr. Legro slid the normal procedure
would be to apply to the Board of Selectmen for an
abatement.
The Board authorized Mr . Legro to suggest that
Mr. Bleeper follow the usual procedure of applying
to the Board for an abatement.
Mr. Legro reported that Raytheon petitioned for an
assessment of damages against the L'ommonwealth which
involves a taking on Route 2 under which the Town has
Raytheon a drain easement. In bringing the action, Raytheon
named the Town of Lexington as an interested party
He said as far as he could see, from discussing this
with Mr. Carroll, the Town has no interest in the
druin easement and will not be affected by it . He
said he felt he did not have the authority to with-
draw the Town from any action and stated this case may
come up next Monday or Tuesday.
Mr. Carroll said he did not see how the Town is
involved because the taking was made from Raytheon's
property along Route 2. The Town has drainage in
Spring Street that ties into the Route 2 drainage.
Mr. Cataldo said the Commonwealth has to accept
the easement .
Mr. Legro said the trial would take a week or
ten days and he would not advise the Town sitting in
on a trial of that length when, according to the Town
Engineer, the Town has suffered no damages.
It was agreed that Mr. Legro should appear at the
call of the list and leave it to the Attorney General 's
office to defend the case.
Mr. Sheldon asked if the Attorney general would
protect the Town's interest, and Mr. Legro replied in
the negative. He said he would stay long enough to
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find out what the expert 's appraisal is, and then leave.
Mr. Carroll reported that bids on the Woodhaven
Trunk Sewer will be opened October 7. Woodhaven
sewer bids
Mr. Carroll said he was asked to contact the State
about Route 2 and Spring Street. He said the takings
have not been made and he was unable to find out when
they will be made.
Mr. Cataldo asked if it would be of any help to
contact someone in the State and advise that the Town
is going ahead with a Town Meeting.
Mr. Carroll replied that he did not think it would i/
makd any difference.
Mr. Cataldo said the State wanted the Town to Route 2
hold up because of the difference in the value of the takings
land.
Mr. Carroll said he did not think the Planning
Board would Done the land the State is planning to
take. He said however that it might be a good idea
for the Board to write the Chief Engineer and he
thought just a letter of explanation would be sufficient.
Mr. Carroll agreed to work with Mr. Gray in pre-
paring a statement for the Chairman's signature, a
copy of the letter to be sent to the members of the
Board.
Mr. Carroll informed the Board that he is working
on the Grove Street sidewalk plans and has run into a
Unusual situation. On the westerly side line of Grove
Street is a distance back of the stonewall which people Grove Street
may consider to be their property. There are trees sidewalk
behind the stonewall and in some instances, the property
line is ten feet behind these trees He stated that
Clifford Birch, a Town Meeting Member, told him the
people wanted to save the trees and will give the Town
an easement for the sidewalk. He said he could save
the trees without taking any private property but the
people are going to be shocked when they see where it
is proposed to construct the sidewalk He explained
that he has written to all involved and invited them
to attend a meeting on September 11 at 10:30 A.M. to
explain the plans.
Letter was received from Mr. Paul Nesbeda, 10 Blodgett
Road, protesting the proposed construction of a sanitary
dewer in Blodgett and Scotland Roads with an easement Blodgett Road
between the two roads
ing with the Board. Mr Nesbeda requested a meet- sewer
472
Mr. Carroll presented a plan and indicated the lo-
cation of the easement and stated that it is proposed
to take a twenty foot easement through Mr. Nesbeda 's
property. He explained that it will run parallel with
Mr.Nesbeda's trees and will not disturb the tennis
court. He reported that Mr. Higgins had contacted Mr.
Nesbeda and showed him the plan and went over the entire
layout with him. He said some small shrubs would be
removed from the property and he plans to have them re-
planted. The large trees will be saved but some of the
scrubby growth along the tennis court will have to be
removed. He explained it is no more than underbrush.
Mr. Carroll stated that very definitely there will be
no damage to the tennis court.
Mr. Sheldon asked if the Town had any agreement
with Mr. Nesbeda, and Mr. Carroll replied in the nega-
tive.
Mr. Catsldo suggested that a list be made of the
shrubs to be removed.
Mr. Carroll said they are all marked on the plan
and he would also make a list of them.
It was agreed to invite Mr. Nesbeda to meet with
the Board next Monday.
Mr. Karl Myren, Director of Cary Memorial Library,
met with the Board.
The Chairman explained that Mr. Brown had invited
Mr. Myren in to discuss the $7,000 transfer requested
last week.
Transfer Mr. Gray said in talking with Miss Murray and Mr.
White it appeared that the Appropriation Committee in-
tended to appropriate this $7,000. The motion included
an item of some $3,000 additional received from dog
licenses, but the $7,000 State Aid was lot included.
He said he alsootalked to Mr. Noyes, Chairman of the
Appropriation Committee, but he did not know how the
committee would handle this. Their meeting is next
Monday. He said the committee is concerned about the
Reserve Fund which is now $28,000.
Mr. Sheldon asked how certain it is that there
will be a fall Town Meeting, and the Chairman replied
that it is not certain and that the Board is waiting to
hear from the Planning Board.
Mr. Gray suggested that the Board request a transfer
of $7,000 from the Reserve Fund.
Upon motion duly made and seconded, it was voted
to request the Appropriation Committee to transfer the
sum of $7,000 from the Reserve Fund to the Cary Memorial
Library Expenses Account .
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Mr. Nyren said unless this amount is made available,
he will have to stop buying and binding books.
Mr. Nyren retired at 8:25 P.M.
Upon motion duly made and seconded, it was voted
toant permission to Porter & Desmond to move a house
8Y'
from Blossom Street to h new location on Blossomerest Permit
Road, Mr. Carroll having reported that he and the Chief
had been over the proposed route and he had no objection.
The Chairman read a letter from Alvin Y. York,
104 Pleasant Street, offering $300 for tax title lot
7A. Tax title
Mr. Gray indicated the lot on a plan and also
showed the Board the location of a sewer easement . He
stated the only way for Mr . York to connect to the
sewer is over this parcel and said both he and Mr. Carroll
recommend that the betterment be part of the cost of the
lot.
Mr. Cataldo said if Mr. York paid the betterment,
which is $609 .58, the price of $300 is fair.
Mr. Gray was instructed to talk to Mr. York and
report to the board next week.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held Minutes
on August 26.
The Chairman read a letter from the Boston Regional
Planning Project relative to home interviews for traffic
studies.
Mr. Gray was instructed to ask the Planning Project
Director to furnish the .k'olice Department with a list
of names of individuals who will be making the inter- Traffic
views. study
Mr. Brown suggested that Mr. Gray also ask to have
a copy of the survey when it is available.
Upon motion duly made and seconded, it was voted Uses of
to grant the following uses of halls : halls
Cary Hall Knights of Columbus April 11, 1964
Cary Hall Lex. Fire FigU rs Sept. , Oct. and Nov
Estabrook Hall Bay Path Girl Scouts Sept. , Oct
Mr. Carroll retired at 8 :40 P.M.
Upon motion duly made and seconded, it was voted
to grant the following licenses :
David C. Dionne, 75A Outlook Drive Intelligence Office
Robert W. Hawkins 2 Patricia Terrace Taxi Driver
Brian J. Spencer 3 Stetson Street Taxi Driver
William P. McKay 34 Grapevine Avenue Taxi Driver
Charles F. Maguire 291 Wood Street Taxi Driver
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Upon motion duly made and seconded, it was voted
to appoint the following Police Officers for terms exII
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piring March 31, 1964:
SPECIAL POLICE COMMISSIONS
Expiring March 31, 1964
Acheson, Eugene A. 2634. Massachusetts Avenue
Adams, Alan G. 15 Somerset Road
Allison, Howard D. 15 Utica Street
Anderson, Carl 41 Ledgelawn Avenue
Baker, Ramon C. 14 Stratham Road
Ballou, Sidney R. 2013 Massachusetts Avenue
Barrett, E1liett J. 15 Donald Street
Bickford, Walter E. 82 Waltham Street
Brunn, Ewart M. 40 Downing Road
Butler, Lawrence M. 24 Woodland Road
Cabral, Joseph E. 1.7 North Street
Calhoon, Albert J. 104 Simonds Road
Carroll, James J. 17 Muzzey Street
Clifford, Malcolm H. 54 Chase Avenue
Colbert, Edward P. 794 Massachusetts Avenue
Dearborn, Horace N. 16 Stratham Road ,
Dearborn, Murray G. 16 Stratham Road
Dooley, Henry W. 77 Baker Avenue
Dreselly, Andrew 12 Patriots Drive
Ericsson, E. Alden 41 Preston Road
Fifield, Donald M. 25 Adams Street
Finney, Charles A. 36 Albemarle Avenue
Flack, Clifford F. 41 Outlook Drive
Foster, George E. 10 Plainfield Street
Gagne, Maurice A. 18 Middle Street
Galvin, Russell P. 21 Crescent Hill Avenue
Greening, Caywood _688 Marrett Road
Gazan, Samuel E. 112 Bertwell Road
Howie, Colin A. 14 Scotland Road
Jefferson, Charles E. 8 Alcott Road
Jenson, Edmund M. 46 Fern Street
Johnson, Joseph S. 51 Spring Street
Jones, Cecil 36 Woburn Street
Josephson, Harold W. 33 Liberty Avenue
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SPECIAL POLICE COMMISSIONS (CONT'D. )
Kakas, Edward G. 144 Locust Avenue
Kleinberg, Edward F. 41 Moreland Avenue
Lannquist, Arthur 153 Shade Street
Lewis, Raymond E. 11 Hancock Street
MacDonald, Charles 24 Bernard Street
Maloney, William T. 289 Bedford Street
MacLean, Ralph D. 9 Spring Street
Merz, William F. 252 Marrett Road
Moretti, Joseph A. 8 Rindge Avenue
Murphy, L. Francis 5 Bennett Avenue
Myatt, Robert 9 Sunnyknoll Avenue
Nickerson, Benjamin 81 Gleason Road
Pierpont,, Wilfred D. Jr. 4 Taft Avenue
Polley, John D. 189 Wood Street
Prescott, Robert 6 Forest Street
Redmond, James 7 Dunham Street
Reed, Haskell W. 72 Lowell Street
II Reilly, John F. 43 Downing Road
nicharda, Randall W. 67 Farmcrest Avenue
Richardson, Earl W. 18 Winter Street
Ritter, Julius C. 13 Pine Knoll Road
Rogerson, William G. 19 Homestead Street
Rossi, Anthony J. 2 Wheeler Road
Ruocco, Louis 28 Theresa Avenue
Ryan, William J. 21 Grant Place
Samuels, Frank T. Jr. 31 Grassland Street
Saunders, Robert W. 295 Marrett Road
Sellars, John A. 430 Concord Avenue
Seymour, Cyril V. 6 Paul Revere Road
Shaw, James C. 24 Homestead Street
Slader, Frederick 23 North Hancock Street
Smith, Edward C. 55 Taft Avenue
Smith, Walter C. Jr. 17 Coolidge Avenue
Sorenson, Axel 7A Revere Street
Turner, Gerald C. 9 Hillside Terrace
Walsh, James V. 152 Bedford Street
Webb, Edmund A. 43 Hayes Avenue
Wilson, David L. Jr. 24 Homestead Street
Wright, Glenn 67 Simonds Road
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Cowl
Special Police Commissions (Conttd ) '
Yewell, Paul G. 6 Leland Terrace
Young, Stanley R. 86 Winter Street
Zittell, George S. 306 Lowell Street
MASSACHUSETTS INSTITUTE OF TECHNOLOGY
Joseph E. Ewers Edward T. Gallagher
12 Old Coach Road, Weston 8 Spring Lane, Maynard
John A. Carroll Howard D. Ryder
4 Roberts Road, Framingham 2 Wilson Road, Lexington
Robert J. Vinsec Arthur L. Goodfellow
310 Boston Post Road, Wayland 12 Edge Street, Ipswich
Bertram H. Adams, Jr. John E. Barnes
127 Wyoming Avenue, Malden 26 Kenmore Road, Malden
William L. Spiers, Jr. William J. Clancy
185 Lowell Street, Lexington 91 Tyngsboro Road, N. Chelmsford
ITEK CORPORATION ,
Lieutenant Charles E. Benedict
43 Oxford Avenue, Belmont
Lincoln P. Cole, Jr. Selectman
Otis S. Brown, Jr. tt
Levi G. Burnell
Robert Cataldo "
George C. Sheldon "
Bernard J. Belcastro Chief Engineer, Fire Dept.
John J. Carroll Suptt. of Public Works
Paul Mazerall Park Department
Anthony Rochette Janitor, Town Offices
CARY MEMORIAL LIBRARY
Karl E. Nyren
17 Charles River Terrace, Newton Highlands
William F. Buckley
612 Main Street, Stoneham
Peter Simoglou
25 Berkeley Street, Watertown
Wesley Doak
7 Stetson Street, Lexington
Edward J. McDonnell, Janitor
4E
MIDDLESEX COUNTY SANATORIUM
Charles W. Varney
William J. DiCicco
Robert F. Ingram
METROPOLITAN STATE HOSPITAL
Henry Brown, Jr.
Application was received from David C. Dionne
75A Outlook Drive, for a license to conduct an Intelli-
gence Office, to do business at P.O. Box 2L3. License
It was agreed to advise Mr. Dionne that this
matter will not be considered by the Board of Selectmen
until he has been before the Board of Appeals.
The Chairman read a letter from the Lexington
Association of Independent Insurance Agents with further Insurance
reference to the Town's insurance
It was agreed to acknowledge receipt of the letter .
Mr. Cataldo said that two months ago, the Hoard
asked the Fire Commissioners for reports and the request
has been ignored.
Mr. Gray reported that he spoke to Mr. Fitzgerald
and he said he had not understood the Selectmen also Reports
wanted a copy of the minutes of the Commissioners '
Meetings, and at that time, said he would see the in-
formation was submitted.
The Chairman said what the Board wants is a monthly
report and a copy of the minutes.
Mr. Cataldo said he also wanted a report of expendi-
tures.
The Chairman agreed to contact Mr. Fitzgerald.
The meeting adjourned at 9 :22 P.M.
A true record, Attest :
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