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HomeMy WebLinkAbout1963-05-27-min aa4 SELECTMEN'S MEETING May 27, 1963 A regular meeting of the Board of Selectmen was held in the Selectmen's Reom, Town Office Building, on Monday, May 27, 1963, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Brown and Cataldo were present. Mr. Gray, Executive Assistant, Mr. Legro, Town Counsel, 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 five poles, guy wire and anchor on the Cambridge-Concord Highway. Mr. Serverson, representing the Boston Edison Company, and Mr. Dunne , representing the New England Telephone and Telegraph Company, were the only persons present at the hearing. Pole Notice of the hearing was mailed to the peti- location tioners, owners of the property as listed on the peti- tioners' plan and also filed with the Assistant Town Engineer. Mr. Serverson explained that the poles are needed to supply service to the new Temple Emunah located on the Cambridge-Concord Highway. No one wishing to speak 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 the fol- lowing poles, guy wire and anchor location: Cambridge-Concord Highway, south_.rly side, easterly from a point approximately ]48 feet south of Blossom Street, -- Five poles, guy wire and anchor on fifth pole. Mr. Carroll referred to a letter received by the Board from Mr.Louis Green, representing Mr. Carrig, Appraisal in which he requested a meeting to discuss the taking of Girrac of a sewer easement on property owned by Girrac Realty land Trust. He reported that he had received an opinion of value from Mr. Harry Berglund and presented the Chair- man with a copy. 415 A letter from Mrs . William Hildreth, 97 Bedford Street, with reference to a broken water main in front of her house, was held over from the last meeting of Claim the Board. Mr. Legro reported that he asked for, and received, a report of the circumstances from Mr. Carroll. He said he thought, from his investigation of the report he received, it did not indicate any liability on the part of the Town Upon motion duly made and seconded, it was voted to refer the claim for damages to Town Counsel. The Chairman read a letter from Mr. Earle M. Cleaves, 19 Grove Street, enumerating several items which he claimed damaged his property. Mr. Carroll stated that he was very familiar with the situation. The house was built by Mr.Joseph , ; Chisholm and there was a hydrant in front of the drive- way which was moved at Mr. Chisholm's request . Mr. Chisholm built the driveway and Mr. Cleaves called Mr. Carroll about it and hetold him to go back to the builder as it was his responsibility. Mr. Carroll sug- gested at the time that the driveway be humped up. He said, as far as what damage was done to the property by the Stevens Construction Co. in connecting the subdivision road, he did not think the Town was responsible. He ex- plained this is a private contractor working for Green and White, and Mr. Cleaves gave him written permission to place the footing for the wall whch actually benefits his property He said the wall is not completed, but again the Town is not responsible, and he did not think the Town was involved in any way. It was agreed to advise Mr.Cleaves that the Board had received a report from Mr. Carroll and incorporate it in the letter. The Chairman read a letter from William G. Young, 1]4 Pleasant Street, stating that a dangerous car speed- ing condition exists on Pleasant Street. He felt that Traffic signs should be erected designating ch ldren in the area and a speed limit of fifteen miles per hour. It was agreed to refer the letter to the Traffic Study Committee. The Chairman read a letter from Mr. James L. Jenks, Jr. , 12 Myopia Hill Road, Winchester, concerning the traffic intersection of Winchester Drive, Lowell Street and Route 2A. Traffic Mr. Carroll reported that he had received approval from the State for traffic lights and about two weeks 356 44 ago, he wrote them. He stated the funds have been re- ceived and it is expected that construction will start within a couple of months. The Chairman read a letter from Mr. B. Khanna, Panjab Universttr0 Ctmdigarh, India, seeking help in recovering three paintings he had mailed to 5 Bryant Road, Lexington, with his application for the post of technical illustrator, creative artists, etc., advertised in the Hindustan Times. The Chairman said that officially this was a matter over which the Board had no control. B. Khanna's Mr. Cataldo suggested that someone from the Board paintings could go to 5 Bryant Road, unofficially, and see what could be done. Mr. Legro suggested that the Board acknowledge the letter, sting it is not a function of the Board to act in private matters. Mr. Brown suggested referring the communication to the Chamber of Commerce. Upon motion duly made and seconded, it was voted to refer the letter to the Chamber of Commerce and also advise Mr. Khanna to this effect . Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen's Meeting held on May 20, 1963. Upon motion duly made and seconded, it was voted Appraisal to approve Mr. T. H. Reenstierna's bill of $200 for fee appraising tax title lots 59 and 60 Ivan Street, and lots 62-64 Marvin Street. The Chairman read a letter from the Memorial Day Committee inviting a member of the Board to partici- Memorial pate in the observance of Memorial Day by reading a Day proclamation on the Common, Thursday, May 30, at 10:30 A.M. The Chairman said he would represent the Board. The Chairman read a letter from the Lexington Lodgeu of Elks inviting the Board to Flag Day Ceremonies Flag Day on June 14 at 7:00 A.M. Permission was requested to use the Battle Green at 7:00 A.M. for flag raising exercises also at 8:30 P.M. for a concert to be given by the 18th U.S. Army Band, music for the morning parade, and to sell flags from a vehicle to be parked in the center on Saturday, June 8, and on Flag Day, June 14. Permission was granted for the entire program re- quests. Upon motion duly made and seconded, it was voted to grant the following Taxi Driver licenses, satisfactory character references having been received from Chief License Rycroft: Richard W. McLellan, 27 Gleason Road. Upon motionduly made and seconded, it was voted to reappoint Dr. William L. Cosgrove to the Board of Appointment Health for a three-year term expiring June 1, 1966. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- Executive cussing, deliberating, or voting on a matter which, Session if made public, might adversely affect the pbblic security, the financial interest of the Town, or the reputation of any person. Mr. Paul Mazerall, Superintendent of Insect Pest Control, met with the Board. Mr. Mazerall presented each member of the Board with excerpts from Chapters 21, 132, 40 and 266 of the General Laws relative tothe Division of Forests and Parks. Following a brief discussion, it wa:. voted to resume the open meeting. The Chairman read 1"1r. William Emerson's letter, held over from the last meeting of the Board, request- ing the Town to refrain from spraying his trees. He also read a petition, signed by twelve rest- Spraying dents of Alcott Road, and a petition, signed by thirty residents of the Burnham Farms' area, expressing ap- proval of the Town's spraying program. Mr. Mazerall explained that his spraying program begins with the elm trees and he tries to spray all elms in Town, both private and Town owned. He said it is his feeling that if the Town does not spray, the Dutch Elm disease cannot be controlled. Last year, there were fifteen diseased elms, and this year, it appears that there will be less. He reported that towns not doing as much spraying as he does, do not control the disease. He stated that the next spraying is for tent caterpillar, if it is necessary and it is certainly necessary thisear because theyare defoliatin wild cherry trees, apple trees and the foliage trees. This year he is using a new material called Sevin recommended by the Waltham Field Station and the Amherst University. He reported that he has had numerous callsfor spraying birches and explained that birch trees not sprayed break in the winter . He then sprays oaks for canker worm and if this is not controlled, it defoliates the Oak. This year, he has not had too much of a problem with the Oak trees. 358 \_J He then sprays leaf elms and after that, he proceeds with his regular leaf spray, which includes insects and beetles Mr.Mazerall stated that there are two materials on the market recommended by the Field Station and every- thing he uses is recommended by the Field Station and he felt he was using what he should be using. He said they recommend Sevin for birch and oak and the toxity is very, very low, but the cost is about four times more than DDT. The Chairman read Section 8, Chapter 132 of the General Laws and Section 11 of the same Chapter, which he explained defined Mr. Mazerall's duties. Mr. Mazerall said he is trying to eliminate spraying as much as he can and his program is approved by the Field Station and Amherst University. He also reported that this fall he is going to school. Mr. Francis Worrell, 22 Revere Street, said there was spraying to protect shade trees and spraying against nuisances, canker worms and mosquitoes. He said there is not much excuse for a questionable program to be carried on so people don't have to slap mosquitoes which is a poor excuse if the spraying is carried on just for people's convenience. He said the present spraying program in the country seems to be that the sprays are presumed to be safe until they are proven unsafe. He stated that the insecticides have not been proven to be safe and there is evidence that they are not safe. He said the evidence is not certain, but it is there and if there is any doubt about thessfety of the spray, it should not be used. The Chairman asked if Mr. Worrell was referring to the safety to humans, and he replied to humans and animals. He said one could not take something that is supposed to be a cure-all without investigating what the consequences may be. He said it is shortsighted in the face of all the evidence to embark on a program which has dubious merits and may be very dangerous. Mr. Edward Wilson, Munroe Road, said the President's advisory committee just released a report which is a sharp warning. The main impact of the report is that people are extremely ignorant of the long range effect of those in- secticides. He said one should balance the immediate gain one might get out of comfort of short duress against as yet unknown negative quantities. He suggested serious caution be introduced in the spraying program, and recom- mended limiting the spraying to where it is absolutely needed. He asked the oard to consider eliminating the program against nkisances such as the Oak leaf. Mr. Rdlbert Soule, 10 Hancock Avenue, said he would like to second what Mr. Wilson stated and thought some 359 real experts should be obtained to discuss the subject with the Board or beher departments. The group retired at 8:40 P.M. Hearing was declared open upon written complaint of Mr. Burt E. Nichols, 9 Tufts Road, against a dog owned by Mr. J. Martignetti, 29 Fairbanks Road. The Chairman read Mr. Nichols ' letter and the report submitted by the Dog Officer All persons desiring to give evidence stood, raised their right hands and swore that the evidence to be given in this case would be the truth, the whole truth and nothing but the truth. Mr. Nichols said it was clear to him that the dog did break into the hutch. He reported that Mrs. Martignetti and Mrs. Kelly have indicated that the dog did break into the hutch and the rabbit was found in the dog's mouth. He said the dog has not been restrained since the attacks on May 22 and 29, and was free May 8, 9, and 19. He said there was a third attack last Friday, May 24. He said when he came home from work Keno was there, had broken the wire and was trying to get to the rabbit. He chased him away but he was in the area for an hour afterward He said he did not wish to ask that the dog be restrained or put away, but that theBoard require Mr. Martignetti tokeep him restrained so he cannot enter his property. He said he was keeping the hutch in the garage, but would like to return it to the fenced-in area where it has been. Mr. Brown asked how long Mr. Nichols had the rabbit and he replied he obtained it at Easter and it was eight weeks old. Mr. Gray, 15 Tufts Road, said it is time someone brought this to the oard's attention and he should have done so long ago. He said he has been to the Martignetti 's home complaining about the dog chasing his dog. He said the dog attacked him last Thursday night and his daughter on Friday night . He said ha did not want the dog put away but felt he should be kept tied. Mrs. Nichols said she does not work full time, only Monday and Tuesdays until three. She said many of the children will not go by this dog and on Friday from four until six, the dog was in her yard and she asked the Martignetti boy to take him home because he was bothering the rabbit all afternoon. She said the neighbors do not like the dog but are not willing to say so. Mr. Gray said when the dog is with the older boy or Mr. Martignetti, he is all right and well behaved, but the younger boy seems to provoke a lot of this trouble. "60 Mr. Martignetti said he did not know too much about dogs and rabbits, but he does know something about his own dog. He said he did not think it was unnatural for a dog to eat a rabbit . He said he has a very find dog who has been to obedience school, obeys orders and heels very well, extremely well trained. He said he was sorry if the neighbors have been caused any inconvenience but he failed to hear anything that indicated his dog is vicious. He stated he has had the dog for three and a half years and he has never harmed the children. He explained that the dog is very large and said he should not be penalized for this. He presented twenty-two signatures of neighbors which he said would bear out what he was trying to tell the Board. Mr. Martignetti said he would not like to restrain the dog, but if there was a motion to restrain every other dog in the neigh- borhood, he would be willing to restrain his. He said dogs fight and he ham seen Mr. Gray's dog attack his dog, and there are inconveniences everyone has to put up with as far as dogs are concerned. Mr. Gray said his dog weighs only twenty-two pounds. Mr. Cataldo asked if Mr. Martignetti had offered to make restitution, and he replied that he had offered to buy another rabbit. He said that there is no evidence that his dog invaded the hutch, although he was not denying it . Mr. Thomas Kelly, 31 Fairbanks Road, said he agreed with Mr.Martignetti. He said Keno did attack his rabbit hutch with three other dogs and dogs are attracted bar rabbit hutches. He stated that the dog has been a good companion to his own children and is not a danger to the neighborhood. Mr. Nichols said many neighbors did not sign Mr. Martignetti's petition and many of them are dog owners. He said there are other dogs that have never attacked or bothered the rabbit. The Chairman asked Mr. Ggay if the dog attacked him and he replied that last ahursday night, the dog came flying at him and he hit him with a club. He said he has chased his dog right through the screen door. Mr. Cataldo asked Mr. Nichols how many people would not sign Mr. Martignetti ' s petition and he replied he knew half a dozen who did not sign it . Mr. Martignetti said he was sure most neighbor- hoods would be better without dogs. Mr. Brown asked Mr. Gray if anything was ddne that might have provoked the attack the other night, and Mr. Gray replied in the negative. The Chairman said the Board would take the matter under advisement and inform Mr. Nichols and Mr. Martignetti 006 of its decision. 9:05 P. TheM.hearing was closed and the group retired at It was agreed to advise Mr. Martignetti that the Board, upon evidence submitted and testimony given, decided not to issue a restraining order, but any sub- sequent complaints could result in the issuance of an order restraining the dog. Mr. and Mrs. John J. Kang, 15 Constitution Road, met with the Board. Mr. Carroll, Superintendent of Public Works, returned to the meeting. Mr. Kang stated his problem was an overcharge for the sewer connection from the house to the Town sewer line. In the analysis of the bill which was sent to him, he discovered that he is being asked to pay the repair bill for some faulty construction of the sewer line. He said in making the connection, it was neces- sary for the Town to use sixty-seven tons of stone and gravel to fill the cavity around the sewer line in the channel trench dug under the street. As a result of that, it entailed extra labor amounting to $225 and also the extra use of machinery which amounted to about $128.50. Mr. Kang said he felt he was obliged to pay for the regular connection cost but the extra charge, in his estimation, was entirely due to some faulty original construction of the sewer line. He said if there is an unconnectable sewer system, it should be the responsibility of the Town and should not be passed on to the user of the system. He stated that, as a user, he has already been billed for the sewer betterment assessment, $753.26, and he expects tohave a connectable connection. He said the discovery of the deficient construction work was just a matter of accident. He said this deficiency would show up sooner or later as it had been evidenced by the later cave-in of the street . He presented a number of snapshots which he sal1 were to show the many cave-ins, not only at the spot of the connection, but also above the connection. He stated that one cave-in was so serious it happened in the afternoon and he had to notify the Police Department to put up flash lights, etc. He said two of the pictures showed, as far as the work from the house was concerned, there was no abnormal situation. Mr. Brown asked what Mr. Kang would consider a normal bill for a connection, and he replied that the estimate was $300 and it has been paid. He stated that the cost to other ppople on the street was not more than $300. Mr.Kang said this was just a connection. 362 3C Cale Mr. Carroll stated that he could see no reason why the bill is not justified. He reported that he did not see the sewer connection being put in, but Mr. Colella did. The foreman said the ground at the street was very wet and they had to use the stone. There was water coming down the street continually and it was necessary to use pumps. Mr. Carroll ex- plained that it is common to estimate a sewer service and charge more because they run into something un- usual and stated that if estimates are made too high, people do not want to pay them. He said they try to make the estimate as close to the cost of what they think the service will be. He has talked to the people at the job and cannot see that the bill is un- reasonable. He stated that Mr. Kang has a valid argu- ment to say he would not have had the service if he knew it was going to cost this much. He said Mr. Kang has a brand new driveway for which he was not charged and the yard was loamod and seeded. M_ . Carroll explained that the trench was put in late last fall by Gil-Bern and did go two or three times but there is nothing deficient about it. The Chairman asked if there was any overtime on this and Mr. Carroll replied in the negative. Mrs. Kang said they were working at night with the lights on when they were putting the connection in. Mr. Carroll said it was possible they had to work at night to finish up The Chairman said that the Board would take the matter under advisement. Mr. Old Mrs. Sang retired at 9:20 P.M. Both Mr. Carroll and Mr. Gray stated the charge was justified. Following a discussion of the subject, it was Abatement moved and seconded to abate the sewer connection charge in the amount of $178.00. Mr. Carroll and Mr. Legro retired at 9:30 P.M. Mr. Gray read a letter from Robert K. Jeremiah, Wire Inspector, requesting permission to work as a Journeyman for the electrical contractor, Hixon Electric, doing work on the High School, and the appointment of Mr. C. W. MacWilliams, the Concord Wire Inspector, to Wire inspect the work on this job. Inspector Upon motion dulymade and seconded, it was voted to grant Mr. Jeremiah permission to work for the Hixon Electric and to appoint Mr. C. W. MacWilliams as Substitute Inspector for this particular job. 1 363 An offer from Mr. Milton Hodgdon to purchase several tax title lots on Asburyand Freemont Streets Tax title was held over. Mr. Gray stated that Mr. John Campbell came in and complained about not being able to use the dump. He apparently borrowed a truck to take some rubbish and debris to the dump but the attendant refused to Dump allow him to dump it because he did not have a permit. Mr. Campbell thought he should not have to pay for a permit, and Mr. Gray told him he would present his complaint to the Board. The Board felt no exception to the rules govern- ing the use of the dump should be made. Mr. Gray read a memo he had sent to the Planning Board relative to revamping of the C-i zone and also read the Planning Board's reply. Mr. Cataldo said he thought the Planning Board should be invited to meet with the Selectmen to dis- C-1 zone suss the subject. It was agreed to invite the Planning Board to next Monday's meeting at 9:00 P.M. to discuss the possibility of presenting the C-1 zone regulations at a fall Town Meeting. Upon motionduly made and seconded, it was voted to go into Executive Session for the purpose of dis- cussing, deliberating, or voting on a matter which, if Executive made public, might adversely affect the public security, Session the financial interest of the Town, or the reputation of any person. Certification of characters of persons who applied to the Secretary of State for a Certificate of Incorpo- ration, to be known asthe Lexington Civib Association, Inc . , was discussed Upon motion duly made and seconded, it was voted to resume the open meeting. The Chairman mentioned appointment of a so-called Route 3 Committee. It was tentatively agreed to include Messrs. Cataldo, Brown, a member of the Planning Board, Mr. Pearlman and Mrs Riffin The Chairman also sug- gested Mr. Logan Clarke and Mrs . Mary Lou Tuart . Actual appointment of the committee was held over until the next meeting. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, 364 ,,5 deliberating, or voting on a matter which, if made IIxecutive public, might adversely affect the public security, the Session financial interest of the Town, or the reputation of any person. Following a discussion of new equipment for the Selectmen's Department, town radios, and operating procedure of the Fire Department, it was voted to resume the open meeting. The meeting adjourned at 10:50 P.M. A true recbrd, Attest: e /tiv2 Clerk Selec ylien i til )1‘1 L'V II 1