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HomeMy WebLinkAbout1960-04-25-min 543 BRT.MTMENIS -MEETING April 25, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, April 25, 1960, at 7:30 P.M. Chair- man Morey, Messrs. Adams, Ferguson, Richards and Cole were present . Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works , and the Executive Clerk were also present . Mr. William G. Nowlin, Jr. , 29 Maple Street, who was granted a Guide ' s license last week, met with the Board. The Chairman asked how long Mr. Nowlin had been ;.interested in guiding and he replied that he had haen Guide interested for about a year He is in the tenth grade of the Lexington High. The Chairman presented him with his Guide License and badge, and he retired. At 7:30 P.M. , hearing was declared open upon peti- tion of the Boston Edison Company and the New England Telephone & Telegraph Company for permission to locate two poles, guy wire and anchor on Westview Street. Mr. Mahon, representing the Boston Edison Company, was the only person present at the hearing. The Chairman asked how close to the street the pole would be placed and JYr Mahon replied about four feet. Pole Mr. Carroll called Mr. Mahon' s attention to the location fact that the light should be turned around on the pole as it now goes inside the island. Upon motinn duly made and seconded, it was voted to grant the petition and sign the order for the follow- ing poles, guy wire and anchor location: Westview Street, southeasterly side, approxi- mately 710 feet southwest of Bedford Street, -- One pole . Westview Street, northwesterly side, approxi- mately 690 feet southwest of Bedford Street, -- One pole - guy wire and anchor. # studying during the past four months, but had been 544 CV r4 The Chairman referred to conversation relative to the Boston Edison Company taking ownership of the poles going to theWilliam Diamond Junior High School. Mr. Mahon stated that the company has no interest in the poles to serve Mr. Millican or anyone else . The company is agreed to reimburse the Town in an amount of 1529 which covers the cost of the poles, $226 and labor 303. That is what the company thinks it would cost to install that type of pole . He said, relatige to turn- ing the poles over to the company for future maintenance, Ownership it would have an article written in the form of a bill of of poles at sale, not necessarily a release, but it will not have a Wm.Diamond clause that the company has the right to serve others Jr. High There will be a clause to give the Town the right to maintain the fire alarm wires on the pole, together with the box. The Chairman asked if the company would reserve the right, if the occasion arose, to use the poles for other service and Mr. Mahon replied in the negative . Mr. Stevens asked if the Town could run lines on the poles if in the future additional service is needed for the fire alarm. Mr. Mahon replied in the affirmative . Mr. Mahon retired at 8:40 P.M. The Board indicated interest in the Boston Edison Company taking ownership of the poles and Mr. Stevens said it might take a Town Meeting vote . He said he would check to see how this can be done . At 7:45 P.M. Colonel Noonan and Colonel Wilkinson, Chief of Staff, 26th Division, met with the Board. The Planning Board was also present . The Chairman explained that the Board had a re- quest from General Harrison, via Town Counsel, for an expression of interest in an armory and also an inquiry as to what land is available . Mr. Stevens told the Board what the requirements were . The Board then asked the National Planning Board to look into the matter and that Board Guard had a conversation with General Whitney, and had a dif- ferent answer . Colonel Noonan stated that for some time the Armory Commission wanted to locate a unit or units of the National Guard in the Lexington area. Federal funds were made available for a new armory in the South Boston area but they were unable to proceed with that armory. He ex- plained that Washington authorities were contacted as to the possibility of transferring funds to theLexington area and have received approval at the lower level to go ahead with the Lexington area and feels sure that Congress 545 will go along with it He said they would be able to move on an armory in the Lexington area about July this year . The first problem is whether or not the Board is willing that the armory be located in Lexington; secondly, permission to construct an armory in Lexington and third, if a suitable site is available He stated that it is customary for the community to donate the site to the Commonwealth, and that is all the Federal government ex- pects of the community. During the past four years, twenty communities have provided a site and that is all that is required of the Town. Colonel Noonan said tta t about five acres will be needed. The building itself for Lexington will have three units, armory plus a battalion headquarters . It will represent 25,000 square feetfand this shed can be used for many community uses . It can be used for Town Meetings, the police use the rifle range for training, and it can be used for trade shows . There will be a rifle range , two classrooms, locker room, supply room and toilet areas . Colonel Noonan said that, in addition to the armory, they have provided at least 20,000 square feet of off-street parking. On a drill night, there would be 125 men and they try to get space large enough for at least 200 cars . In addition, there will be some military vehicles located at the armory for which off-street parking will be needed. They need a sI.te of about 500 feet and the necessary facilities, water, sewer and power. The Federal govern- ment will participate in furnishing utilities up to 200 linear feet. The Federal government will- pay 25% of the cost and the State roughly, the balance of 20%. The cost of the building for Lexington is about $325,000. The Chairman asked if they wanted an additional parking area for civilian use , and Colonel Noonan replied generally that is so. If necessary, they could make the 20,000 square feet available to all . The Chairman asked how many military vehicles they were considering, and Colonel Noonan replied thirty to forty, depending on whether or not a maintenance post is put in. He said they are thinking of an artillery bat- talion in this area. Mr. Richards asked where the personnel would come from, and Colonel Noonan replied that is debatable.. . This area will have the 2nd Howitzer Battalion now at the Commonwealth Armory. He believed the men would come with the unit from the Commonwealth. They do not believe Concord would want to come here, and the Woburn and Stoneham armories are filled The fringe on the Bedford- Burlington area would more than support this battalion. He said they have no trouble in filling any unit except the infantry. *of building. There will be a drill shed of 8,000 souare feet 546 t 0 Mr.Mabee asked what the Commonwealth Armory would 111 be used for and Colonel Noonan explained thatthe old East Newton Street armory is in the heart of the pro- posed Medical Center, it is almost impossible to get a motor vehicle around it and it may be transferred to the Commonwealth Armory. He said their problem is to get on a good road if they have to move in a hurry, and 128 seems to be ideal for that . Mr. Cole asked if they had three Batteries, and Colonel Noonan replied in the affirmative . He said the strength of the battery is about 250. Colonel Noonan said he was not familiar with what land is available in Lexington. Mr. Soule asked if there were any alternate sites to Lexington and Colonel Noonan replied that right now we do not have one but they will have no trouble get- ting them. He said he could name six other communities after them for armories . The Chairman stated that there is certain State-owned land and asked if it had been considered. Colonel Noonan said the only land he knew of is near the Belmont incinerator, but it is a very swampy and the Federal government will not give any money for land improvement . He said it would be costly to improve and the road going into the area is very narrow. Colonel Noonan said that he has been out to Massa- chusetts Avenue and out to the right of the Green to the Bedford-Burlington area, and it seems to him that Routes t and 25 would be better going out that way be- cause the road widens out by Route 128. The hill, left to the Green, presents more of a traffic problem. Mr. Soule asked if they could locate on government land such as the Bedford Airport. Colonel Noonan replied that it might be possible but at the present time, it would delay the whole pro- ject a year or two because geographically they have said Lexington Mr. Adams asked if one of the requirements is the availability of a sewer line , and Colonel Noonan replied in the affirmative . He said they could use septic tanks but it is a problem in the years ahead. Mr. Adams said that five acres was mentioned, but it has to be more or less of a workable layout of five acres . Colonel Noonan said the building will run 150 feet, and the frontage should be at least 200 feet . They would like a twenty or thirty foot drive on one side of the building if possible . Mr. Adams asked if it would be 1,000 feet deep, and Colonel Noonan replied in the affirmative . 547 Colonel Noonan said that if there is any Town-owned land available, he would be willing to come out and look at it . The Chairman explained that anything the Town has would have to go through a Town Meeting. Colonel Noonan said the land could be deeded to the Commonwealth and if it did not proceed with the plans within a certain number of years, it would revert back to the Town. Mr. Adams asked if Colonel Noonan felt Lexington suited their needs better than any other location, and Colonel Noonan replied in the affirmative . Mr. Ferguson asked how soon he would like an answer, and Colonel Noonan replied that they would lilts to go ahead by the first of July. He said It he knew the Board looked upon this favorably, and if there is land available , he would like permission to take some borings. Mr. Ferguson asked if Colonel Noonan would like to hear from the Board by the first of June and he replied in the affirmative . He said if the Board thought of some site, and notified him before the first of June, and gave him permission to take borings, he could say the site was acceptable without any fur- ther discussion. Mr. Richards asked if they would excavate for the building and Colonel Noonan replied that it is generally on a slab. Mr. Martin Gilman asked if fees would be charged for the use of the armory Colonel Noonan explained that the military cus- todian by law is in charge of the building, and re- ferred to Section 122 of the General Laws, Chapter 590 of the Acts of 1954. He said any responsible group may use it for a civic or social activity. The armory in Lexington would be a Class C . A group of school children could rent it for 50/ an hour; the rifle range could be rented by a youth group for 25¢ an hour; the police could use the rifle range free ; dances would be 10.00 ah hour They have to charge , by law, a fair rental charge to cover the cost of heat, light and protection of the building. The military custodian would grant permission and there are regular applications which are made out and issued from Colonel Noonan' s of- fice . Mr. Mabee asked how many evenings a week the armory would be in use , and Colonel Noonan replied that generally one weekend a month and Friday, Saturday and Sunday of every week the armory would be available 548 'zJ Colonel Noonan stated that the bulk of the vehicles would be under cover and the entire area will be fenced in with a security type fence . The Chairman stated that the Board would have to consider the subject. She said there is very little land in Lexington that could be used for the armory and she felt the Board could have an answer reit ively soon. Colonel Noonan, Colonel Wilkinson and the Planning Board retired at 8:15 P.M. Hearing was declared open upon complaint filed by John Brucchi, 63 Paul Revere Road, against Howard Adams, 67 Paul Revere Road, whose dog Mr. Brucchi claimed molested and attacked his ponies. Mr. Brucchi and Miss Jean Adams, daughter of Howard Adams, were present . Mr. Brucchi and Miss Adams were sworn to testify under oath by Mr Stevens . The Chairman stated that the Board was in receipt of a letter from Mr. Brucchi dated March 28, 1960, con- cerning a dog owned by Mr. Adams and she proceeded to read the letter . She explained that the complaint was referred to the Dog Officer, Mr. George Forten, and Dog hearing read his report. Miss Adams presented a letter from her father which the Chairman also read. Mr. Brucchi said he had a four foot fence erected a few years ago. He stated that the Adams ' dog was trained to attack his ponies and one was bitten so badly in the mouth that he could not put a bridle on him. He had to sell him at an auctionand took a loss . He said the dog goes into the pasture which is enclosed by a six or six and a half foot fence , but on two occasions the dog went into the enclosed area. The dog now goes to the chicken yard and barks at the pheasants . When the dog went in the second time , there were teeth marks on the pony. The 4atr sn said that in Mr. Brucchi l s letter, he mentioned an attack on the pony in 1958 and she asked when the second attack was made . Mr. Brucchi replied that it was in midwinter when he let them out for exercise . He said the dog had been in twice and ripped the pony. Mr Ferguson asked if the pictures of the two pro- perties were as the properties are today, and Mr. Brucchi replied in the affirmative except the wood, which he had removed. The Chairman asked what kind of a dog the Adams owned, and Miss Adams replied that it is a pure bred 1 549 Collie, six years old. She said that the dog is hers and she trained him herself after having taken a course in dog training She asked if the Chairman would in- quire of Mr. Brucchi as to a description of the bites . The Chairman said thatOfficer Forten' s report described the wounds as being consistent with the bite of a dog. Miss Adams asked if the bites were teeth marks, imprints on the animals, and Mr. Brucchi replied in the affirmative . Miss Adams said that was not consistent with that she had learned. She understood whenever a dog does any type of biting, it does not make an imprint but makes a slash She said her dog weighs about sixty pounds and it did not seem possible to her that he could get onto a pony' s neck because they are higher than a dog. She said the dog has never been in the enclosure and the question would have to be witnessed She said the fence is six feet high and a dog does not jump six feet She said she understood, from talking to local veterinarians, that it would be impossible to prove what dog did the damage since they are always examined after they have been half killed. Mr. Richards asked if she had seen her dog in Mr. Brucchi ' s enclosure , and Miss Adams replied in the nega- tive Mr. Brucchi said he saw him there a couplet of times . Mr. Richards asked how the dog gained access, and Mr. Brucchi replied thPt the yard is not dog proof He does not have a six foot fence all around the place and there is a gate there that any animal could jump over. It is about three and a half to four feet high., Mr. Cole asked if, in training the dog, he had been trgined to jump, and Miss Adams replied thatnot formally but he has jumped over obstacles in the back yard, obstacles about his own height. The Chairman asked if the dog was allowed to run freely all the time and Miss Adams replied that the first year she had him, he was kept in a pen and then tied until he was fully trained so he would not chase cars . He is allowed to roam freely but very rarely leaves the property, and stays very close to the house She said Collies by nature stay on their own property She would no+ say he did not leave the yard, because he does. Mr. Richards asked if Mr. Brucchi owned a dog and he replied that he owns two. Mr. Richards asked if they roam around loose and Mr Brucchi replied in the affirmative . 1 550 cc Mr. Richards asked if there were other dogs in the neighborhood, and Mr . Brucchi replied that he would hate to have to count them all. Mr. Richards asked if Mr. Brucchi 's dogs were ever in the enclosure , and he replied they were at times . He said he has a Shepherd and a Pomeranian. The Chairman said the question is whether or not the Adams ' dog should be restrained because he is molesting Mr Brucchi's ponies . Mr. Brucchi said he did not want to shoot the •dog. The ponies are his investment and his children' s pets . Miss Adams said she has never had any trouble or other complaints about the dog; he obeys and responds to orders . He does not jump on people and has never been trained to do anything of that sort . Mr. Brucchi asked if the Board had requested the Board of Health to submit a record of the dog bites. Mr. Richards asked if the dog has bitten anyone , and Miss Adams said two people have registered complaints. Mr Richards asked if the dog had been restrained, and Miss Adams replied he was checked for rabies and the Board could find out from the records. Mr. Ferguson asked if Mr . Brucchi had ever seen the dog bite the ponies . Mr. Brucchi replied in the negative, and stated that if he saw him he would not be meeting with the Board He said if he ever catches him, it will be the last time he will ever bite them. The Chairman said the Board would take the matter under advisement . Mr. Brucchi stated that if the dog is not re- strained, the first time he catches him on his pro- perty molesting his chickens or any of his animals, he won' t live to leave. The hearing was declared closed at 8:50 P.M. and Mr. Brucchi and Miss Adams retired. A group of men came into the meting and Mr. Weir, Lexingtthn Inn, said they would like to have liquor in their various establishments and would like to put on a campaign to get the Town to vote wet. He said many Liquor people would vote for liquor if it can be controlled. The Chairman explained that with the liquor vote in November, everyone has the right to vote as he wishes and the Board could not establish a policy. She said the Selectmen would not express an opinion on the subject without giving it some consideration. Mr. Woir said they have only the month of May to work on a campaign and then would have to wait until September or October. 551 The group, and Mr Stevens, etired at 9:00 P.M. Mrs . Lufkin and Mr. Dalrymple , Lexington Cab Co. , and their attorney, Mr. Levin, met with the Board. Mr. Levin said the taxicab rules and regulations have not been fully enforced since the time they were adopted. He said the business has changed since the regulations were adopted and the result shows up in two very serious effects on the business; one is the age limit of the drivers, and the other is the rate schedule The twenty-one year old age limit puts the Taxicab business in the position of hiring the worst rather rules and than the best drivers He said it is almost impos- regulations sible to get people of full age , with their families to take care of, to take this kind of a job. One of the drivers, over twenty-one , has a business in New Hampshire that is seasonable and he can drive here in the winter . The otheh drivers over twenty-one are available only on a pert-time basis . He explained that Mrs Lufkin and Mr . Dalrymple are paying the insurance, repairs and settling accident claims so they are more interested in seeing that they get safe , respectable boys . He said they would like the Board to reconsider the regulation requiring the drivers to be twenty-one or over. The Chairman explained that the rules and regu- lations have been referred to the police Department for whatever possible changes that might be made . In the meantime , the taxi companies operate as they have been. Mr. Levin said the zone fare system should be re- examined. He said he thought the system inadequate in a town with a single center to it and fromwhich people go. He said the present system is unfair to many of the customers . Mrs . Lufkin and Mr. Dalrymple have been thinking about using meters for some time . They suggest that the Board delegate someone to look into the entire question of what the fares should be . He said the Town needs taxi service and if this tre schedule is going to be continued, they will not be able to keep putting money into the business and will have to give it up. He said he realized the fare system was something the Board could not consider this evening and he would like an opportunity for Mrs . Lufkin and Mr. Dalrymple to as- semble information on it for the Board to consider. The Chairman said the Board would appreciate re- ceiving such information. Mr. Richards said it would be of some benefit if they consulted their competition on the matter. He said the other company has changed hands or is about to change hands . He said the Board would like fair 52 x cc and equitable rates established so that they y can be enforced, and it would be easier, at least for him, if after some discussion, the company came up with recommendations as to what the companies want for rates . He said miters could not be installed by one company and not the other. Mr. Levin said he would obtain information from other towns . The Chairman said that if the company would sub- mit suggestions, the Board would consider them. She said the Board would like to have a meeting with all the cab companies so that whatever is decided will be fair and agreed upon. Mr. Richards asked how many men the company em- ployed under twenty-one . Mr. Dalrymple replied that they have five out of thirteen who are under twenty-one . During the next two weeks, it will be five out of eleven. The Chairman suggested that the Board would get in touch with the company. The group retired at 9:20 P.M. Petition was received, signed by residents on Tree Carley Road and Reed Street, requesting a hearing with removal the Board relative to proposed removal of a tree at the intersection of the two streets . Mr. Carroll explained that the Tree Warden cannot take a tree down in a public way without first posting it . If there is written objection, the Selectmen must order the tree removed . He stated that he wants curb- ing and sidewalks for MacKayts stores and he has worked up a plan which is acceptable to Mr MacKay. He pre- sented the plan and reported that the people in the area want the tree and the sidewalk . However, if it means Sidewalk losing the sidewalk or the tree , they want the sidewalk. It was agreed to blacktop out to the edge and leave the tree , eliminating the grass plot . Mr. Carroll is also to leave a couple of islands to enable him to plant a few trees some time in the future . Request was received from Mrs . Ilda Forbush, 445 Massachusetts Avenue , for a "No Pakking" sign in the vicinity of her driveway because she claimed her view was obstructed by cars parked along the street . Mr . Carroll reported he had looked at the area and does not think the situation warrants the erection Traffic of a sign. Mr. Richards said the situation at Dunn' s Ford agency has become a hazard The people across the street have difficulty getting out of their driveway 553 because Dunn has cars parked double on the side of the street . Mr. Adams said that is a police matter. It was agreed to refer both matters to the Chief for investigation and report . Further consideration was given to the rules and regulations concerning the Town dump. Upon motion duly made and seconded, it was voted DumpRules to amend, effective immediately, the rules and regu- Regul&ations lations governing the operation of the Town Dump, situated on Lincoln Street, by adding the following paragraph: 9. The dump shall be closed on the fol- lowing days: New Years, Easter Sun- day, April 19, May 30, July Li., Labor Day, Veterans ' Day, Thanksgiving and Christmas . A discussion was held relative to permits and charges to be made for the use of the Town Dump. Mr. Ferguson said as far as he is concerned, the only person going into the dump without a permit is a Town truck. He said that the proposed amendment, as written, is too difficult to police . Upon motion duly made and seconded, it was voted to amend, as of May 9, 1960, the rules and regulations Dump Permits governing the operation of the Town Dump, situated on Lincoln Street, by adding the following paragraph: 10. No commercial vehicle , except one owned or operated by or for the Town, will be allowed to use the dump without a permit. The charges for such a permit will be as follows: 1. $25.00 for a Yearly Permit. This permit will be valid only in the calendar year for which it is issued, and may be ob- tained from the Board of Selectmen upon written application. 2. $2.00 for a Daily Permit. This permit will be valid during the whole of the day for which it is issued and may be obtained from the Superintendent of Public Works . Mr. Carroll reported on a meeting held Thursday with the Air Force relative to the water situation. ao4 0.4 Mr . Stevens agreed to go over the subject with Mr . Water Carroll and draft something for the Board' s signature terminating the contract to supply water to the Air Force Further consideration was given to the subject of the disposition of the front property line of Mr. Asbury Mitchell' s property at 25 Asbury Street. Street The Board agreed that no damage has been caused to Mr. Mitchell' s property and there is no justification for any settlement. Upon motion duly made and seconded, it was voted to advise Mr. Mitchell that the Board will consider a written application for an abatement. Mr. Carroll retired at 10:15 P.M. Mr. Stevens said he had a letter from the Planning Beard, addressed to the Selectmen, advising that an instrument had been obtained from the Lexington Con- Option struction Co., granting the Town an option to acquire a certain parcel of land situated on Holton Road, lot 11, for playground and recreational purposes. Upon motion duly made and seconded, it was voted to sign an instrument exercising the option to pur- chase a certain parcel of land on Holton Road being lot 11 as shown on plan entitled "Plan of Land in Lex- ington, Mass . owned by Lexington Construction Co. Inc ." Mr. Stevens retired at 10:30 P.M. A second letter was received from the Somerville Cadet Squadron asking the Board to reconsider an ap- Tag Day plication for a Tag Day permit. Upon motion duly made and seconded, it was voted not to make an exception to the established policy and the request was denied. Letter was received from Frank Benoit, Commander, V.F.W., requesting permission to conduct the Annual Tag Days Poppy Tag Days on May 19 and 20. This is one of the organizations which has been granted a permit for a number of years and the drive is national Upon motion duly made and seconded, it was voted to grant the request . Application for a license to drive a taxi was re- ceived from Warren Monsignore, 76 Laconia Street License Report was received from the Chief of police, and 555 it was agreed to hold the application over pending a 'eQsmmendation from the Chief. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectrrn n' s Meeting held on April 20, 1960, subject to including the item that Mr. Stevens returned to the meeting at 9:50 P.M. to discuss the subject of Town Counsel. Mr. Stevens returned to the meeting at 10:35 P.M. to discuss the subject of Town Counsel and retired at 10:50 P.M. Upthn motion duly made and seconded, it was voted to re-appoint Harold E. Roeder to theBoard of Fire Appointments Commissioners for a three-year term expiring May 1, 1963 Upon motion duly made and seconded, it was voted to appoint Officer George W. Forten, Dog Officer, and Eugene M. LaRose , Second Dog Officer, for terms ex- piring May 1, 1961 . Upon motion duly made and seconded, it was voted to re-appoint the following Inspectors for tern ex- piring March 31, 1961: Donald K. Irwin, Building In- spector; Robert K. Jeremiah, Wire Inspector and John B. Byrne, Jr . , Plumbing Inspector. Upon motion duly made and seconded, it was voted to approve surety bond M 242257 in the sum of $1,000, Bond on behalf of Donald K. Irwin, Building Inspector . At 10:50 P.M , Messrs Burnell and Mabee of the Planning Board met with the Selectmen. Mr. Mabee presented each member with a proposed plan for the reorganization of the Planning Board . The subject was discussed until 11 : 5 P.M. , at which time the meeting adjourned. A true record, Attest: „Etecutive lerk, Selec en � CJS