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SELECTMEN'S MEETING
September 28, 1959
A regular meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building,
on Monday, September 28, 1959, at 7:30 P.M. Chairman
Maloney, Messrs. James, Adams, Ferguson and Mrs. Morey
were present Mr. Stevens, Town Counsel, Mr. Carroll,
Superintendent of Public Works, and the Executive Clerk
were also present.
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen' s Meeting held
on September 21, 1959, subject to corrections in the
second paragraph on page 2 .
Mr. James J. Carroll, Town Clerk, met with the
Board for the drawing of three jurors . Mr. Richard P.
Jurors Cromwell, 21 Summit Road, Mr. Robert P. Hunter, 6 Locke
Lane , and Mr. Louis F. Cizek, 26 Locust Avenue , were
drawn for jury duty.
Mr. Carroll retired. '
At 7:30 P.M. , hearing was declared open upon petition
of the Boston Edison Company and the New England Telephone
and Telegraph Company for j/o location for a hip guy and
anchor on Whipple Road, southeasterly side, from a pole
located opposite Fiske Road.
Mr. Mahon, representing the bostnn Edison Company,
Mr. Dunn, representing the New England Telephone and
Telegraph Company, Dr. and Mrs . Finston were present
at the hearing.
Mr. Carroll reported that he looked at Highland
Avenue and Mr. Higgins looked at Whipple Road. They
Hip guy & appear to be identical situations and he has no ob-
anchor jection to the proposed locations of hip guy and anchors .
Dr. Finston said that he did not know if he ob-
jected, but he would like to observe that there has
been no permission granted to put this oh private pro-
perty. He said that he has owned the property since
June 5 and has never been approached, and he felt that
he should have time to make a decision. He said if the
company had approached him, there would have been no
reason for the hearing.
Mr. Dunn explained that the information he had was
that permission to go on private property had been re-
fused.
He said he would be pleased to have Dr. Finston
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call him any time in the near future to discuss an
anchor guy. He stated that the records indicate that
the previous owner of the property had been approached
and permission was refused.
It was agreed that Mr. Dunn would confer with Dr.
Finston and discuss the subject further, and the Chair-
man declared the hearing closed . He explained that the
proposed location is on Town property and the Board could
make its decision immediately if it so desired. He pointed
out that the safety of the pole and service to the people
is what concerns the Board.
Dr. and Mrs . Finston retired.
At 7:35 P.M., hearing was declared open upon petition
of the Boston Edison Company and the New England Telephone
and Telegraph Company for j/o location for a hip guy and
anchor on Highland Avenue , westerly side, from a pole lo-
cated approximately 525 feet south of Winthrop Road.
Mr. Ferguson, speaking for Mr. Nathan C . Eubley, Hip guy &
15 Highland Avenue, in front of whose house the hip guy anchor
and anchor will be located, said Mw. Hubley wished to
be recorded in opposition. He said r that Mrs . Ferguson
was also opposed. He stated that it is difficult to
determine what poles are being considered from the
notices.
Mr. Dunn explained that the telephone company has
processed the petitions in this manner for as long as
he can remember. He said that there is a tree guy at
the pole now, and he understands the town is going to
remove that tree .
Mr. Carroll explained that the tree may have Dutch
Elm disease
Mr. Dunn said the company could put an anchor guy
on private property, but Mr. Hubley was opposed. He re-
ported that he was advised today by the engineer working
on this job that an approach had been made and permission
denied. He stated that a guy has to be placed for the
safety of the public .
Mr. Mahon explained that where the crossover is made
from one side of the street to the other, there is a
strain on both poles and there is a strain on this pole .
He said if the guy that is there is removed, the company
will be left in the position of not handling it properly
if an attempt is not made to bring back a guy. He ex-
plained that here the existing tree guy will be removed
and permission on private property has been refused.
Neither the telephone company nor the Edison company,
singly or jointly, would petition for guys if they did
not feel they were really needed. If permission is denied
for an anchor guy on private property, they petition for
a hip guy on a public way, for safety purposes only. He
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said that these people do have a right to object, but
on the other hand, the companies do want to recognize
Any accident hazard because they would be ciEiticized
by the Board and others if a line got down.
It was agreed that Mr. Dunn would also contact
Mr. Hubley and discuss the subject further. The hearing
was declared closed, and Messrs. Mahon and Dunn retired
at 7:55 P.M.
Mr. Carroll reported that bids were opened last
week for water mains in Lincoln Street and the mWn to
Raytheon. Part of the project is to cross Route 2, and
Water bids the specifications asked for an alternate bid; one to
cross the State highway by the open cut method and by
the method of jacking the pipe, not knowing which way
the State would issue the permit. The low bidder on
the cut method was Z & S Construction Company, Inc.,
with a bid of $71,602 and an alternate of $81,602.
J. D'Amico, Inc. , had a bid of $73,305.00 and an alter-
nate of $7 ,305.00.
He advised that he received word from the State
that it will be necessary to jack the pipe through
Route 2 if possible . On that basis, he conferred with
Whitman & Howard who recommended awarding the contract
to J. DTAmico, Inc.
Upon motion duly made and seconded, it was voted
to award the bid to J. D+Amico, Inc., in the amount of
$73,305.00, due to the fact that the permit for cross-
ing Route 2 specifies that the method used shall be
jacking or tunneling.
At 8:05 P.M., the Bedford Board of Selectmen met
with the Board.
Mr. Hayden, Chairman, said that Radio Corporation
of Americarapproached his Board some time ago, anxious
to tie into the sewer system. RCA has a large number
Bedford re of employees and the sewer beds do not work out well,
MDC sewer and the plant is to be enlarged. RCA would like to hook
into Bedford's Route 62 line . He said an informal dis-
cussion was held with M.D.C . , and it was then advised
that M.D.C . is the last place to go and not the first
Burlington is agreeable to the tie-in, providing it in-
volves no cost to that town. He said it would be con-
nected through Lexington and submitted a proposed plan
for sewage disposal for Radio Corporation of America,
Burlington.
Mr. James asked if this would be a new line and
Mr. Hayden replied that it is the line extending to
Mitre Corporation.
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Mr. Janes asked where their sewage flowed to
get to Boston Harbor, and one of the men replied
that it flows through Lexington and hits the Great
Road in Bedford.
One of the Bedford Selectmen said his Board
would like to know how Lexington would feel about
having this extra sewage put into be system and if
it would change Lexington' s status with M.D.C . He
stated that approval would have to be given by M.D.C .
also and he did not know if M.D.C. would charge
Burlington because some of the sewage is coming from
Burlington.
The Chairman explained that Lexington has had a
great deal of discussion with M.D.C . concerning its
own problem and he was not too sure how it would work
out.
Mr. Stevens asked if Bedford had received a re-
action from M.D.C ., and Mr. Hayden replied that M.D.C .
is uncertain as to what the attitude would be .
Mr. Stevens said he would be surprised if M.D.C .
was in favor of this and he did not think the Lexing-
ton Board of Selectmen would be in favor. He said
the main difficulty is that it is believed that the
M.D.C . sewer in Arlington is not large enough to have
a new relief sewer put in. Under the new system of
assessing costs, if the relief sewer is put in, Lex-
ington and Arlington would have to stand the expense
in the first instance and then after it is built, the
available capacity of the M.D.C . in accepting sewage
from Lexington and Arlington would be increased, so
Lexington's share of the cost would increase . He said
it behooves Lexington not to encourage the flow of sew-
age unnecessarily. Lexington wants to put off the day
when the relief sewer has to be built and keep its cost
down.
The Chairman explained that Lexington has a good
trunk line down to the Arlington line , but at that lo-
cation, there is trouble . He said there have been
overflows in Arlington and manhole covers have gone
off and sewage has overflowed. Arlington is disturbed
about the sewage Lexington is sending down. He said
that sooner or later Lexington will have to do some-
thing about a relief sewer which will be very costly.
Mr. Stevens reported that the estimated cost was
$2,000,000. and the cost to Lexington has been set
anywhere from 38% to 62%.
One of the Bedford Selectman said that Bedford
would probably be assessed as well as Arlington and
Lexington.
Mr. Stevens said that during a conference this
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month the only two towns mentioned were Arlington and
Lexington on the assessment of the cost. He said he
thought t would behoove Lexington, until it sees the
construction of the relief sewer is inevitable , not to
increase the sewage .
One of the Bedford Selectmen said a Bedford tax-
payer is asking for service, and if Bedford can supply
it, his construction will be in Bedford instead of
Burlington. He said the system will be operated so
that it will not increase the maximum rate of flow
through Bedford. He said the contract with Lexington
is for 800 gallons a minute and they can live within
that .
Mr. Stevens asked if it was intended to bring
sewage from Burlington, and one of the Bedford Select-
men replied it would come from the building now in
Burlington and the new building to be built in Bedford.
Mr. Stevens said Bedford' s problem is the sewage
in Burlington and the fact it is the same taxpayer does
not change it. He said he thought M.D.C . would frown
on it .
The Chairman asked if the line would go out 62
and deprive all the people whose property the line
would pass.
Mr. Hayden said that those people could tie in.
The Chairman asked if that would affect the 800
gallons per minute, and Mr. Hayden replied that the
area is not thickly settled.
One of the Bedford Selectmen said that it would
probably encourage more homes to be built there .
The Chairman said that Bedford would still have
to have permission from the M.D.C .
One of the Bedford Selectmen said that RCA would
dump between midnight and four in the morning. He said
the next step for Bedford is to go to the M.D.C . but
they did not want to start negotiations before talking
to the Lexington Selectmen. He said the Board would
Lave an opportunity during the next week to definitely
make up its mind whether or not it will oppose .
Mr. Adams asked if Burlington had any plans for a
sewer system, and Mr. Hayden replied that as far as he
knew, they have not.
The Chairman said the Board would discuss the sub-
ject and endeavor to give Bedford an answer within the
next week or two.
The Bedford Board of Selectmen retired at 8:20 P.M.
Mr. Carroll said he had no doubt as to what the
answer should be, and in his opinion, it should be no.
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Mr. Stevens agreed.
Upon motion duly made and seconded, it was voted
to advise the Bedford Board of Selectmen that in view
of the situation and the problems to be faced in con-
nection with the possible insufficient capacity of the
M.D.C . sewer in Arlington, the Board is firmly convinced
that Lexington cannot take on any additional load into
its sytem.
Mr. Carroll reported that he had contacted Colonel
Roberton, and an informal meeting has been arranged to
discuss the water situation on Thursday at 10:30 A.M. Meeting with
The members of the Board and Mr. Stevens are invited Air Force
to attend the meeting.
It was agreed to meet in the Selectmen's Room at
9:30 A.M. to go over the subject before meeting in Bedtrd.
Mr. Stevens retired at 8:50 P.M.
Mr. Carroll reported that a meeting can be arranged
on Thursday or Friday afternoon to discuss Route 128 at Route 128
100 Nashua Street, Boston, Room 510. meeting
It was agreed to meet on Thursday at 2:00 P.M.
Mr. Carroll presented a plan of the proposed curb-
ing installation at Countryside and informed the Board Curbing
that he has arranged a meeting with the men whose busi-
ness will be affected on Wednesday, September 30, at
10:00 A.M. in the Selectmen's Room.
Mr. Harry L. Garrett, 29 North Hancock Street, met
with the Board and asked if it was necessary to leave
the tree across from his driveway at the corner of Gleason
Road and North Hancock Street. He said it is an incon-
venience to him going in and out of his driveway, and Tree
for safety's sake, he would like to have tt taken down
He explained that he did not attend the h3 aring because
he was on vacation at the time . He said this tree is a
hazard, the fire hydrant at the end of his driveway is
a hazard and there is a caution sign for children on
his property.
Mrs. Morey said that Mr. Delete, whose property
the tree dhades, was opposed to having it taken down,
and contended that his property would depreciate in
value by the loss of the tree
Mr. Garrett said that was only his opinion. He
said four or five years ago before Mr. Delsie moved
there, there was another tree and it became a hazard
and when Gleason Road was widened, it was taken down.
302
He said this one will also have to be taken down.
The Chairman said that the Board would discuss
the subject.
Mr. Garrett said he also wanted the hydrant
moved from his property and would like to have the
caution sign for children moved. He retired at 9:10
P.M.
Mr Arthur Burrell and Mr. Harold Roeder met with
the Board. Mr. Stevens returned to the meeting.
Mr. Burrell presented, what he referred to as a
draft of Lexington Operations Plan in connection with
Civil Defense, and explained that it is based on the
Federal plan and the State plan. He said the draft
is about 90% completed and if the Board approves it,
he will send it to Natick for checking and approval.
It will then be returned to the Board for formal
adoption.
Mr. Burrell said he is not sure that the Civil
Defense department has been legally set up. He said
his appointment by the Board as Director does not do
Civil Defense the complete job, and stated that Chapter 639 of the
Acts of 1950 sets up the Civil Defense . He said he
thought the problem was legal protection for anyone
operating under this Act.
The Chairman suggested that Mr. Stevens look
into the matter.
Mr. Burrell said that the second step is ap-
pointments of people to Civil Defense and thoseap-
pointments are made by the appointing authority which
is the Board of Selectmen.
Mr. Roeder said he would like to have the Civil
Defense organization set up legally so it can proceed
further.
Mr. Burrell rep or ted that he should hear about
the radio within two or three weeks and he will try
to have the building at the water tower squared away
before winter.
Mr. Burrell said there should be a control room
large enough to accommodate thirty-five people and
Mr. Hodder suggested the coal pocket in Cary Building.
Messrs. Stevens, Burrell and Roeder retired at
9:50 P.M.
Letter was received from Mr. Stevens confirming
oral information given to the Board some time ago
relative to the acquisition of the land formerly of
Hillcrest Village, Inc . The deed was dated July 28,
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1959 , was recorded in Middlesex South District Registry Land for
of Deeds July 31, 1959, Book 91126, Page 1E63. School
The Chairman read a letter from the Woburn Fire
Department extending thanks to Chief Engineer Bel-
castro and the men in his department for assistance
given Woburn September 18, 1959.
The Chairman read a letter from the Burlington
Water District applying for a water service on Muller
Road in the name of Seraphim Gouveia.
It was agreed to grant the request with the Water
understanding that the Town of Burlington will to
1960 take over the services now taking water from
the Town of Lexington.
The Chairman read a letter from Medill Bair,
Superintendent of Schools, relative to maintenance
of playgrounds and driveways surrounding school build-
ings. The School Committee desires to consider Mr.
Carroll' s recommendations further and meet with the
Board at some future date . Maint. of
Mr. Ferguson suggested that the Recreation Com- playgrounds
mittee be advised of the proposed recommendations. & driveways
at schools
Letter was received by Mr. Carroll from the
State Department of Public Works relative to curb-
ing and sidewalk installation on the southwesterly
side of Marrett Road, Auto Route 2A. The Board' s Sidewalk &
letter of September 17, 1959 has been forwarded to curbing
the Chief Engineer, 100 Nashua Street, for consider-
ation.
Upon motion duly made and seconded, it was voted
to amend the Traffic Rules and Orders of the Town by
striking out at the end of Article V, Section 21, the
following:
No person shall park a vehicle between the
hours of 11.:00 P.M. and 6:30 P.M. on Mon- Traffic Rales
days through Fridays on the northeasterly &
side of Massachusetts Avenue between Depot Regulations
Square and Meriam Street.
by stiking tilt; in ARTICLE' V, Sectlibu 9, It the ehal
ti' thedetaTiptlonL mf the me:tered ,Pax a ibn. Messaahusatts
Amahue the following:
exdept that parking is prohibited on the
northeasterly side between Depot Square and
Meriam Street between 1 :00 P.M. and 6:30 P.M.
Mondays through Fridays .
Date of Passage - September 28, 1959
/s/ Ruth Morey
Attest: Alan G. Adams Selectmen
James J. Carroll Raymond W. James of
Town Clerk Lexington
Gardner C . Ferguson
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Upon motion duly made and seconded, it was voted
to amend the Traffic Rules and Orders of the Town of
Lexington by adding at the end of Article V, Section
2A, the following:
No person shall park a vehicle between the
hours of 4:00 P.M. and 6:30 P.M. on Mondays
through Fridays on the easterly side of
Waltham Street from Massachusetts Avenue
southerly for a distance of 163 feet.
Date of Passage - September 28, 1959.
/e/ Ruth Morey
Alan G. Adams Selectmen
of
Raymond W. James Lexington
Gardner C . Ferguson
Attest:
James J. Carroll
Town Clerk
The Chairman read a letter from the Board of As-
sessors relative to adjustments in salaries for Miss
Pierce and Mrs. Sullivan which would require no trans-
Salaries fer of funds due to the fact that Miss Ready will be
retired September 30, 1959.
Upon motion duly made and seconded, it was voted
to approve the recommendations submitted by the As-
sessors, effective October 1, 1959.
The Chairman read a report from Mr. Donald Irwin
relative to complaint filed by Basil R. Deering against
Mr. Claude Cole for conducting a business at 47 Ledgelawn
Complaint Avenue . Mr. Irwin inspected the premises three times
and Mr. Cole admitted to the operation of a small truck-
ing business but said he was unaware of the fact he was
violating the Zoning By-la4. This is a permitted use
under the Zoning fy-law and Mr. Cole has taken out a
Board of Appeals' application and is akking for permis-
sion to operate a business at the abmve address. Mr.
Irwin felt that, under the circumstances, further ac-
tion should be withheld until the Board of Appeals
has rendered its decision.
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Application was received from Mr. Schuyler A.
Snow, 197 Woburn Street, for an Auctioneer's license .
Letter was received from James F. Corr, Acting Chief,
submitting the record on file at the office of the
Board of Probation License
Upon motion duly made and seconded, it was voted
to grant an Auctioneer's license to Schuyler A. Snow,
197 Woburn Street, said license to expire March 31, 1960.
The meeting adjourned at 10:25 P.M.
A true record, Attest•
cutive erk, Selectme#1.
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