HomeMy WebLinkAbout1959-07-13-BOS-min 203
SELECTMEN'S MEETING
July 13, 1959
A regular meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building,
on Monday, July 13, 1959, at 7:30 P.M. Chairman
Maloney, Messrs. James, Adams, Ferguson and Mrs . Morey
were present. Mr. Carroll, Superintendent of Public
Works, Mr. Stevens, Town Counsel, and the Executive
Clerk were also present.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen' s Meeting held Minutes
on June 29, 1959.
Letter was received from Mr Arthur P. Maclntyre,
203 Concord Avenue , stating that (1) the top surface of
Concord Avenue is rough, (2) the grading at the junction
of Walnut Street and Concord Avenue fails to carry sur-
face water to the sewers and a re-grading job is neees-
sary, (3) no speed limit signs are posted and the area
should be patrolled at least weekly, and (L ) the street
should be machine swept weekly.
Mr. Carroll reported that the street will be
sealed this year as planned. Concord Ave .
He stated that Mr. Maclntyre is right in regard complaint
to the drainage, but the State prepares the design.
He explained that expensive grading would result if
the catch basins were now corrected to catch the water,
but there is no problem created by that fact because
the water does drain and there is no accumulation.
Mr. Ferguson asked if the Town would have to as-
sume the entire cost of a regrading job or if the
County and State would participate .
Mr. Carroll replied that he did not know, but he
could write to the State .
Mrs. Morey suggested that Mr Carroll send a copy
of Mr. Maclntyre ' s letter to the State and advise him
that it has been referred to the State Engineer.
Mr. Carroll explained that Concord Avenue has been
swept many times this year, but it is impossible to sweep
the streets every week.
Mrs. Morey said that it is swept as often as any
other street and Mr. Carroll explained that this street
has been swept more than the others this year because
of the seal job. He said it has been swept seven or
eight times this spring.
Mr. Adams asked about item three, speed limit
signs and weekly patrolling of the area. He said
2041-4
CD
Ov
the Chief of Police is waiting until the street is
finished and when it is speed zoned and the speed
limit approved by the State, signs will be posted
Mr. Ferguson asked when the project would be
completed, and Mr. Carroll replied that the latit time
he talked to the Department of Public Works, he was
led to believe that it might not be done this year,
but he would like to have something in writing.
The Chairman said that the speed limit would
have to be approved by the State Department of Public
Works and it is questionable if approval would be
given on an unfinished street .
Mr. Ferguson asked if the street could be patrol-
led, and the Chairman replied that it can be patrolled,
is being patrolledand the police are stopping cars
there .
It was agreed to advise Mr. Maclntyre that the
avenue will be sealed this year as planned; his com-
plaint relative to drainage will be forwarded to the
State Engineer who made the design; the avenue will
be speed mned when construction is all complete and
submitted to the State for approval; that the police
have been patrolling the area and will continue to do
so; that the avenue is swept as often as other streets
in town and several times more this spring because of
the work in the area.
Decision relative to Busa Brothers' offer of $800
for twenty-three lots on Circle Road was held over.
Mr. Stevens said he did not understand that the
Tax title Board wanted him to check any further into the subject
as a result of the letter from Mr. Snow, Planning Con-
sultant. He said it seemed to be a policy question
and that this was an area in which the Board did not
want to encourage development. He said he understood
that each case was to be decided upon the facts re-
lating to that particular case .
Mr. Ferguson was not in favor or pursuing the
subject further, and it was agreed to advise Mr. Busa
that the Board is of the opinion it will be in the
best intent of the Town to retain ownership of this
property.
Mr. Stevens reported that he had prepared an Order
Sewer Taking of Taking for the last section of the trunk sewer,
Order Off authorized at the 1958 Annual Town Meeting, covering a
Peacock Farm strip of land running from Peacock Farm Road to Peacock
Farm Road and traced the location on a plan entitled
"Plan of Sewer Easement Off Peacock Farm Road, Lexington,
Mass ."
205
Mr. Adams asked if the people whose property is in-
volved were aware of the taking, and Mr. Carroll replied
that they have all been contacted.
Upon motion duly made and seconded, it was voted
to sign the Taking Order in the following form:
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss . Town of Lexington
a meeting of theBoard of Selectmen of the Town of
Lexington held on the 13th day of July, 1959, it is
ORDERED: Whereas at a Town Meeting duly called, warned
and held on March 10, 1958, namely at an adjourned session
thereof duly held on March 17, 1958, in accordance with the
provisions of law applicable thereto, it was unanimously
'VOTED: That the Selectmen be and they hereby are
authorized to install a sewer main in such accepted or
unaccepted streets or other land as the Selectmen may deter-
mine from the vicinity of Brandon Street toward Watertown
Street in accordance with Chapter 504 of the Acts of 1897,
as amended, or otherwise, and to take by eminent domain,
purchase or otherwise acquire any fee , easement or other
interest in land necessary therefor; and to appropriate for
such installation and land acquisition the sum of $250,000.00
of which $50,000.00 is to be transferred from the Excess and
Deficiency Account, $100,000.00 is to be raised in the cur-
rent tax levy and the balance of $100,000.00 is to be pro-
vided by the issue of bonds or notes of the Town; and that
the Treasurer, with the approval of the Selectmen, be and
he hereby is authorized to borrow the sum of $100,000.00
and issue bonds or notes of the Town therefor, to be pay-
able in accordance with the provisions of Chapter 44 of
the General Laws, as amended, within a period not exceed-
ing twenty years.", and
WHEREAS the Selectmen have determined that in order
to install the sewer main from the vicinity of Brandon
Street toward Watertown Street it is necessary that the
sewer main be located in the land hereinafter described.
NOW, THEREFORE, "e, the undersigned, being a majority
of the Board of Selectmen of said Town of Lexington, duly
elected and qualified and acting as such, do hereby, under
and by virtue of the provisions of Chapter 504 of the Acts
of 1897 and Chapter 79 of the General Laws, and all acts
Al2
ca
Ita
in amendment thereof and in addition thereto, and of any
and every other power and authority us hereto in any way
enabling, take in the name and on behalf of said Town of
Lexington the perpetual rights and easements to lay, con-
struct, inspect, repair, remove, replace, operate and for-
ever maintain a sanitary sewer or sewers with any manholes,
pipes, culverts and other appurtenances, and to do all other
acts incidental thereto, including the right to pass along
and over the land for the aforesaid purposes, in, through
and under a certain strip of land extending from Peacock
Farm Road to Peacock Farm Road in said Lexington and bounded
and described as follows:
Beginning at a point in the southerly side line of
Peacock Farm Road, which point is easterly and distant
73.38 feet from the easterly terminous of a curve
having a radius of 130.00; thence running South 09°
01' 47" West, distant 210.45 feet to a point; thence
turning and running South 59° 38' 20" West, distant
291.55 feet to a point in the easterly side line of
Peacsbck Farm Road; thence turning and running south-
erly along said easterly side line of Peacock Farm
Road by a curve to the right wroth a radius of 970.09,
distant 30.33 feet to a point; thence turning and
running North 09° 01 ' 47 East, distant 221.16 feet
to a point in said southerly side line of Peacock
Farm Road; and thence turning and running North 84°
13' 30" West along said southerly side line of Peacock
Farm Road, distant 24.04 feet to a point of beginning;
all as shown and marked "20' Sewer Easement" on plan en-
titled "Plan of Sewer Easement" Off Peacock _Farm Road Lex-
ington, Mass .", dated June 12, 1959, John J. Carroll, Town
Engineer, to be recorded herewith.
And we do hereby also so take temporary construction
easements, for use in constructing the sewer to be in-
stalled in the permanent easement hereinabove described,
in the following strips of land in said Lexington:
L. A strip of land having a substantially uniform
width of 15 feet and extending from Peacock Farm
Road to Peacock Farm Road along the full length
of the easterly and southeasterly boundaries of
said permanent easement, all as shown and marked
"15' Construction Easement" on the aforesaid plan;
2. A strip of land having a substantially uniform
width of 15 feet and extending from Peacock Farm
Road to Peacock Farm Road along the full length
of the westerly and northwesterly boundaries of
*thence turning and running North 59°38'20" East, distant
323.87 feet to a point;
207
said permanent easement , all as shown and marked
"15' Construction Easement" on the aforesaid plan;
3. A strip of land having a substantially uniform
width of 20 feet extending from Watertown Street
along the easterly side line of Peacock Farm Road
to said permanent easement, all as shown and
marked "201 Construction Easement" on the afore-
said plan;
and reference to the aforesaid plan is made and said plan
is incorporated herein for a complete anddetailed description
of said strips of land
The temporary construction easements herein taken in-
clude the right to enter upon the land taken, to deposit
earth and material thereon, and in general to make all use
necessary or desirable in connection with the aforesaid
sewer construction. The construction easements shall termi-
nate thirty days after the completion of the sewer construc-
tion, and, in any event, not later than May L , 1960.
Said rights and easements in the land included within
the above descriptions are taken without interference
with or prejudice to the rights of the respective owners
of the land, except so far as is reasonably necessary in
the exercise of the rights and eaaements hereby taken, and
there are reserved to the respective owners and their heirs,
successors and assigns all their respective rights in and
to the use of their lands for all lawful p@rposes not in-
consistent with the use thereof for all of the purposes
hereinabove mentioned.
On each occasion that the Town enters upon the land
in which the aforesaid rights and easements are taken
and performs any work thereon, it shall be the obligation
of the Town to remove all surplus material and to leave
the premises in reasonably the same condition as when the
entry was made .
Any trees upon the land included within the above
described parcel are included within the taking
The land in which the aforesaid rights and easements
are taken is believed to belong to the following named
parties, but if the name of the owner of any of said land
or of any interest therein is not stated or is not cor-
rectly stated, it is do be understood that such land or
interest is owned by an owner or owners unknown to us:
1
208
tc
Lots as shown
OWNER on aforesaid plan
Daniel J. Fink and Tobie W. Fink,
husband and wife 17
Guido Majno and Fredericka B. Najno,
husband and wife 7
Nathan Sanders Wall and Charlotte D. Wall,
husband and wife 5
Caroline M. Cooper, Walter S. Pierce , Chankey
N. Touart, Laurens Troost and Benjamin W. White ,
as Trustees of Peacock Farms Association "A" and
Unnumbered parcel
Lila D. Mason Unnumbered parcel
No betterments are to be assessed for this improvement .
And said Board, having considered the question of damages,
hereby determines that no damages have been sustained and
none are awarded.
WITNESS our hands at Lexington as aforesaid, this 13th
day of July, 1959.
/s/ William E. Maloney
Ruth Morey
Alan G. Adams
Raymond W. James
Gardner C . Ferguson
Majority of the Board of Selectmen
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. July 13, 1959
Then personally appeared William E. Maloney, Alan G.
Adams, Gardner C . Ferguson, Raymond W. James and Ruth Morey,
known to me to be a majority of the duly elected, qualified
and acting Selectmen of the Town of Lexington, and acknowledged
the foregoing instrument to be their free act and deed and
the free act and deed of the Town of Lexington, before me,
/s/ Harold E. Stevens
Notary Public
My commission expires: September 16, 1961
209
Mr . Stevens explained that he had prepared a
drain easement which runs from Cummings Avenue to Drew
Avenue , necessary for street construction to carry a
street drain, and traced the location on a plan en-
titled "Drain Easement from Cummings Ave . to Drew Ave .
Lexington, Mass." Drain Ease-
Mr. Carroll reported that the owner of the pro- ment
perty has been contacted and asked for $250 per lot
which he considered unreasonable . He explained this
drain is for the street contract coming out bait week.
Upon motion duly made and seconded, it was voted
to sign the Drain Easement in the following form:
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, ss . TOWN OF LEXINGTON
At a meeting of the Board of Selectmen of the Town
of Lexington held on the 13th day of July, 1959, it is
ORDERED: Whereas at a Town Meeting duly called,
warned and held on March 2, 1959, namely at an adjourned
session thereof duly held on March 16, 1959, in accord-
ance with the provisions of law applicable thereto, it was
unanimously
"VO'1 u: That the Selectmen be and they hereby are
authorized to install drains in such accepted or
unaccepted streets or other land as they may deter-
mine , in accordance with Chapter 263 of the Acts of
1926, as amended, or otherwise , subject to the as-
sessment of betterments or otherwise , and to take
by eminent domain, purchase or otherwise acquire any
fee, easement or other interest in land necessary
therefor, and to appropriate for such installation
and land acquisition the sum of $582400.00 and to
provide for payment by transfer of $28,400.00 from
the Excess and Deficiency Account and by raising
the balance of $30,000.00 in the current tax levy.", and
WHEREAS, the Selectmen have determined that it is necessary
for the public convenience to construct drains for the pur-
pose of surface and ground water drainage in the land here-
inafter described
NOW, THEREFORE, we , the undersigned, being a majority
of the Board of Selectmen, duly elected and qualified and
acting as such, do hereby, under and by virtue of the pro-
visions of Chapter 263 of the Acts of 1926 and Chapter 79
of the General Laws, and all acts in amendment thereof and
in addition thereto, and of any and every other power and
210 4
CD
CC
1.4
authority us hereto in any way enabling, take in the
name and on behalf of said Town of Lexington the per-
petual rights and easements to lay, construct, inspect,
repair, remove, replace, operate and forever maintain
a covered surface water and ground water drain or drains,
with any manholes, pipes, culverts and other appurtenances,
and to do all other acts incidental thereto including the
right to pass along and over the land for the aforesaid
purposes, in, through and under a certain strip of land
extending from Cummings Avenue to Drew Avenue in said
Lexington and bounded and described as follows:
Beginning at a point in the southwesterly side line
of Cummings Avenue, which point is northwesterly and
distant 65 feet from the northwesterly terminua3 of
a curve with a radius of 15:00; thence running South
21° 08 ' 37" West, distant 160.00 feet to a point in
the northeasterly side line of Drew Avenue ;thence
turning and running North 68° 51' 23" West along
said northeasterly side line of Drew Avenue , distant
10 feet to a point; thence turning and running North
21° 08 ' 37" East, distant 160.00 feet to a point in
said southwesterly side line of Cummings Avengle ;
thence turning and running South 68° 51' 23" East
along said southwesterly side line of Cummings
Avenue , distant 10 feet to the point of beginning;
all as shown and marked "10' Drain Easement" on plan en-
titled "Drain Easement from Cummings Ave . to Drew Ave .
Lexington Mass .", dated June 1, 1959, John J. Carroll,
Town Engineer, to be recorded herewith.
And we do hereby also so take temporary construction
easements for use in constructing the drain to be installed
in the permanent easement hereinabove described in a strip
of latid having a uniform width of 15feet, extending from
Cummings Avenue to Drew Avenue along the full length of
and abutting upon the southeasterly boundary of said permanent
easement, all as shown on the aforesaid plan and marked"15'
Construction Easement" and reference to said plan is made and
said plan is incorporated herein for a complete and detailed
description of said strip of land.
The temporary construction easements herein taken in-
clude the right to enter upon the land taken, to deposit
earth and material thereon, and in general to make all use
necessary or desirable in connection with the aforesaid
drain construction. The construction easements shall
terminate thirty days after the completion of the drain
construction, and, in any event, not later than one year
211
from the date of this order.
Said rights and easements in the land included within
the above descriptions are taken without interference with
or prejudice to the rights of the respective owners of the
land, except so far as is reasonably necessary in the ex-
ercise of the rights and easements hereby taken, and there
reserved to the respective owners and their heirs, successors
and assigns all their respective rights in and to the use of
their lands for all lawful purposes not inconsistent with
the use thereof for all of the purposes hereinabove mentioned.
On each occasion that the Town enters upon the land
in which the aforesaid rights and easements are taken and
performs any work thereon, it shall be the obligation of
the Town to remove all surplus material and to leave the
premises in reasonably the same condition as when the
entry was made .
Any trees upon the land included within the above
described parcel are included within the taking.
The land in which the aforesaid rights and easements
are taken is believed to belong to the following named
parties, but if the name of the owner of any of said land
or of any interest therein is not stated or is not cor-
rectly stated, it is to be understood that such land or
interest is owned Ty an owner or owners unknown to us
Lots as shown
Owner on aforesaid plan
Angelo Leone Lots 27, 28, 29 and 30
No betterments are to be assessed for this improvement .
And said Board, having considered the question of damages,
hereby determines that no damages have been sustained and none
are awarded.
WITNESS our hands at Lexington as aforesaid, this 13th
day of July, 1959.
/s/ William E. Maloney /s/ Ruth Morey
Alan G. Adams Raymond W. James
Gardner C . Ferguson
Majority of the Board of Selectmen
212az
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. July 13, 1959
Then personally appeared William E. Maloney, Alan G.
Adams, Gardner C . Ferguson, Raymond W. James, and Ruth
Morey, known to me to be a majority of the duly elected,
qualified and acting Selectmen of the Town of Lexington ,
and acknowledged the foregoing instrument to be their
free act and deed and the free act and deed of the Town
of Lexington, before me
/s/ Harold E. Stevens
Notary Public
My commission expires September 16, 1961
Mr. Stevens stated thrt some time ago, the Board
signed a deed conveying tax title lots on Freemont Street
that were going to Mr. Knox and he was selling two other
lots to Mr. Lloyd. Everything was being held up until
the Town obtained a sewer easement from Mr. Lloyd. He
Tax title said the easeient has not been obtained anthe told Mr.
May, Lloyd' s attorney, that nothing would be done until
the easement was obtained. The deed has to be signed
within thirty days so it is now necessary to have a new
deed signed. In the meantime, betterments were put on
these lots
Upon motion duly made and seconded, it was voted to
sign a deed, prepared by Mr. Stevens, conveying lots
228-233 inclusive on Freemont Street to Mr. Philip J.
Knox, Jr.
Mr. Stevens said that the Board was familiar with
the land in East Lexington which the Board was author-
'Extension of ized to acquire for school sites .
time on land Upon motion duly made and seconded, it was voted
acquisition to extend the time for passing papers for one month
until August 15, 1959 and to authorize the Town Counsel
to sign any instrument necessary to accomplish the same .
Mr. Stevens explained that the title examination
Extension has not been completed on land to be taken from Mark
of time on Moore Realty Trust and Todd Realty and he would like an
Land ac- extension of time passing papers for one month.
quisition Upon motion duly made and seconded, it was voted
to extend the time for passing papers for one month
213
II
until August 15, 1959 and to authorize the Town Counsel
to sign any instrument necessary to accomplish the same .
Upon motion dulymade and seconded, it was voted
A
to sign deed, prepared by Town Counsel, conveying lot Deed
2L , block 33, Avon Street, to Custom Colonials, Inc ,
having a usual place of business in Somerville
Mr. Stevens reported that the hearing on the Bill
for the construction of the MDC sewer line along Route
2 has been set for 10 00 A.M. Wednesday. He advised Hearing
that nothing further has been heard from the Air Force .
Mr. Carroll reported that Itek hopes to occupy
its building by March 1.
Mr. Carroll reported that a member of the Rights
of Ways Division of the Massachusetts Department of
Public Works contacted him about a taking in Westview Landdamage
Cemetery. The State offered the Town $250 for a small agreement
triangular piece of land at the corner of Westview and
Bedford Streets. Mr. Hynes, Chairman of the Cemetery
Commissioners, asked that the subject be brought to the
attention of the Board. Mr. Carroll said as far as he
is concerned, this is all right, and Town Counsel had
no objection.
Upon motion duly made andseconded, it was voted
to sign a land damage agreement between the Town of
Lexington and the Commonwealth of Massachusetts, ac-
cepting the sum of $250 for land damage .
Mr. Daniel Coughlin, 11 Wingate Road, came into
the meeting and requested the Board to have a street Street Sign
sign erected on Wingate Road.
Messrs . Stevens, Carroll and Coughlin retired at
8:35 P.M.
Chairman McQuillan, Messrs. Cosgrove and Cole of
the Board of Health, and Mr. Lurvey, Executive Health
Officer, met with the Board.
On 4une 8, the Board of Health wrote advising that
another girl, giving one-half of each day's work to
the Health Department, is needed, and a man, perhaps
from the Public Works Department, for one-half each Board of
work day to help Mr . Lurvey. Health
In the meantime, the Secretary resigned, and a
high school graduate was hired by the Board at a
salary of $51.00 per week. In reference to this
particular item, the Board of Selectmen voted to ad-
214
ev
vise the Board of Health that the starting salary for
the new girl should have been $44.00 and the salary
being paid should be adjusted.
The Chairman explained that the Board had devoted
considerable time to the establishment of a salary
policy and was disturbed to learn that a new, inex-
perienced girl had been hired at a salary greater
than that being paid to girls in the Town Office
Building who had been working for several years.
Mrs . Morey explained that two departments in the
Town Hall and the library had recently hired girls
at a salary of $44.00
The subject was discussed at length, and Mr.
Cole said that the Board of Health would have to
conform to the policy of the Town.
Mr. McQuillan said that he understood the Board
wanted the salary adjusted, and if $51.00 is to be
paid, it will only be for an experienced girl. He
explained that the new girl was hired on a temporary
basis and no agreement was entered into
In regard to additional part-time help, Mrs .
Morey asked if the Board of Health was giving a
pre-budget talk.
Mr. McQuillan suggested that the Board of Health
do the best it can to hire an experienced girl worth
$51 .00 a week.
The Board of Health retired at 9:10 P.M.
Mr. Donald K. Irwin, Building Inspector, mat
with the Board.
The Chairman referred to Mr. Irwin' s letter to
Warren D. Smith, 10 Westminster Avenue, and explained
that some members of the Board questioned the contents
of the letter because it involved the Board. He said
that Mr. Smith came to the Board in an effort to find
out who made the complaint.
Mr. Irwin said he just put in the letter the
source of his information. He explained that when a
neighbor complains, he states in the letter that the
complaint was filed by a neighbor. He advised that
the reason the letter was written as it was is because
Enforcement he could not determine just what Mr. Smith was doing.
of Zoning He saw no waning violation, but he did want Mr. Smith
By-Law. to know that there was a complaint and he was being
watched.
Mr. Ferguson asked why the letter was written.
He asked if Mr. Smith was violating the law or not .
If he was, he whould be told to desist, and if he was
not_ vitiating the law, the letter shouldn't have been
written.
215
Mr. Irwin explained that on his first visit to
the premises, Mr. Smith was not there , and he was sure
that he would want to know what he was doing on his
property. He said he could not determine on the first
visit what was going on, and on the second visit, the
equipment had been removed.
Mr. Ferguson asked how Mr Irwin determined
whether or not an individual was carrying on a business.
Mr. Irwin replied that he could usually tell by
the equipment or material, depending on the nature of
the complaint. He said that when a complaint is made
in writing, he aske that the complainant state what
the complaint consists of
Mr. Ferguson said that it seemed to him the way
Mr. Irwin determined whether anyone was doing business
or not was to wait for a complaint.
Mr. Irwin said that he investigates all legitimate
complaints .
Mr. 'Ferguson asked if Mr. Irwin would consider it
a business operation if someone advertised in the paper
and had a telephone listed.
Mr. Irwin explained that he does not go through
the Lexington Minute-man looking for telephone numbers .
He said certain things are permissable ; professional
men can have offices in their homes, and a man can park
a truck in his yard. He said he was advised by Town
Counsel to make sure that all complaints are made in
writing.
Mrs . Morey asked if Mr. Irwin would make an in-
vestigation if he noticed something that was obviously
a violation, and he replied that the first time he
noticed it, he would make a mental note, and the next
time , he would make an investigation.
Mr. Ferguson asked if Mr. Irwin waited for a com-
plaint or if he investigated sometimes without a com-
plaint .
Mr. Irwin said that if he receives a complaint,
he investigates, but the Town must build up a case .
Mr. Ferguson asked if that was the way the By-Law
is written, and Mr. Irwin explained that usually one
neighbor does not want to antagonize another neighbor
and they will not testify. He said that he investigates
obvious violations on his own.
Mr. Ferguson asked if Mr. Irwin thought the Zoning
By::Law as it is now is enforceable and workable .
Mr. Irwin replied that if 100% enforcement is go-
ing to be done, there may be some changes necessary.
He said the town is growing and people are coming in
now who object to certain things that were not objection-
' able a few years ago, and as the Town grows, the number
216
n
co
no
of complaints will increase . He said, except for some
clarification, the Zoning By-Law is not too badly written,
and it compares favorably with those of other towns. He
said there have been no court cases .
Mr. Irwin said that there have been a number of
complaints relative to swimming pools not being fenced
in. He said there is an active group in Town who might
be willing to offer their services to make a study of
Fencing the subject He explained that a swimming pool is con-
Swimming sidered to be a structure, and as such, must comply with
Pools the Building and Zoning By-Laws. He said when permits
for swimming pools are issued, he always mentions fencing
them, but there is nothing in the law to require a fence.
He reported that Wellesley considers them to be structures
and requires a plot plan; Winchester has no requirement;
Concord does not require a permit; Woburn has no require-
ments; Arlington has nothing; Brookline considers them
as structures; Malden has regulations but they are more
for plumbing and sewerage .
The Chairman asked if Mr. Irwin felt the pools
should be fenced, and he replied in the affirmative .
He said that he has talked to the contractors who con-
struct swimming pools, and they all favor fencing,
Mrs . Morey asked why the Town should require people
to fence private pools . She pointed out that it is not
the Town' s responsibility if children go on private
property and fall into a swimming pool
Mr. Irwin said that a committee might find out what
is being done in other towns, probably in other sections
of the country, see what the laws consist of, and if they
can be applied here .
Mr. Irwin reported that Mrs Reed will be leaving
the employ of the Town the end of this month. She has
been working from 9:00 A.M. until 1:00 P.M. for the
Board of Appeals and the arrangement has worked out
very well
Mr. Irwin retired at 9:45 P.M.
Mr. John Brucchi met with the Board, presented a
drawing of his property and the properties of close
neighbors. He explained that the Board of Appeals had
denied his application for a permit to pperate a riding
school at his home on Paul Revere Road.
Board of The Chairman explained that the Board of Selectmen
Appeals does not have any control over the situation.
Mr. Brucchi asked if there was anyone to whom he
could appeal, and Mr. Adams expla_ ned that he would
have to go to the Superior Court.
Mr. Brucchi retired at 10:10 P.M.
217
Upon motion duly made and seconded, it was voted
to grant the petitions and sign the orders for the fol-
lowing j/o pole locations:
Winthrop Road, northwesterly side , northeasterly Pole
from a point approximately 115' northeast locations
of Sherburne Road,--
Four (4) poles
Philip Road, southeasterly side , southwesterly
from a point approximately 20 feet south-
west of Buckman Drive ,--
Four (I}) poles .
Stimson Avenue , southerly side, easterly from a
point approximately 30' east of School Street,--
Six (6) poles.
Wheeler Road, northeasterly side, southeasterly
from a point approximately 20' southeast of
Fairlawn Lane ,--
Ten (10) poles
Lantern Lane , easterly side, northerly from a point
approximately 20 feet north of Philip Road,--
Seven (7) poles.
Holton Road, northerly side , easterly from a point
approximately 35 feet east of Wood Street,--
eight (8) poles .
Dawes Road, northwesterly side, southwesterly
from a point approximately 20 feet southwest
of Buckman Drive,--
Seven (7) poles .
Dawes Road, southeasterly side , southwesterly from
a point approximately 20 feet southwest of
Pollen Road, --
Three (3) poles
Russell Road, easterly side , northerly from a
point approximately 30 feet north of Whipple
Road,--
Four (4) poles
Russell Road, westerly side , approximately 555
feet north of Whipple Road, --
One (1) pole .
' Russell Road, southeasterly side , southwesterly
from a point approximately 20 feet south-
west of Winchester Drive ,--
Fotr (k ) poles .
218
rD
cc
Fiske Road, southwesterly side , southeasterly
from a point approximately 20' southeast
of Winchester Drive ,--
Five (5) poles .
Fiske Road, northeasterly side, northwesterly
from a point approximately 20' northwest
of Fairlawn Lane,--
Two (2) poles .
Fiske Road, southwesterly side, southeasterly
from a point approximately 25' southeast
of Fairlawn Lane ,--
Eight (8) poles .
Patterson Road, southeasterly side , northeasterly
from a point approximately 25 feet north-
east of Wood Street,--
Thirteen (13) poles .
Patterson Road, southwesterly side, approximately
470 feet northwest of Holton Road,--
One (1) pole .
Blueberry Lane, northwesterly side, northeasterly
from a point approximately 35' northeast of
Tyler Road,--
Fourteen (14) poles - guy wire and anchor
on 8th pole .
Blueberry Lane , westerly side , approximately 35'
north of Tyler Road,--
One (1) pole .
Copies of letters from Mr Paul M. Mitchell to
Mr. John Carroll relative to Asbury Street construction
Complaint were sent to the Board. A copy of Mr. Carroll 's reply
was also received. Mr. Mitchell is disturbed about
the defacement of his property, the hazardous topo-
graphy and the expense .
It was agreed to leave the matter for Mr. Carroll
to handle at his discretion.
Upon motion duly made and seconded, it was voted
to sign a Certificate of Incorporation statement, on
Cert. of Inc. behalf of William S. Batchelor, 456 Waltham Street,
satisfactory character reference having been received
from the Chief of Police .
Further consideration was given to Mr. Reginald
A. Wood' s offer of $500 plus $75 water betterment
assessment for lot 8 James Street . A proposal to
sell this lot was advertised in the June 25, 1959 is-
sue of the Lexington Minute-Man. No persons contacted
219
the Selectmen' s Office as a result of the advertisement,
Upon motion duly made and seconded, it was voted Tax title
to sell and convey lot 8 James Street to Mr. Wood sub-
ject to a restriction whereby it will be combined with
lot 7, which he now owns, and that bhly one building
will be erected on the combined lots.
The Chairman read a letter from Mr. Richard D.
Hamilton, 14 Harbell Street, offering $6100 £rots
2L3-258 inclusive on Asbury street, and lots 234-242 Tax title
inclusive on Freemont Street. Mr. Hamilton had pre-
viously offered MOO.
Upon motion duly made and seconded, it was voted
to advise Mr. Hamilton that his offer is too low.
Upon motion duly made and seconded, it was voted
to adopt the Jury List for 1959. Jury List
The Chairman read a letter frmm Mr . James J.
Carroll,advising that he had received a letter of
resignation from Mr. Dexter Smith, a member of the Resignation
Historic Districts Commission.
The Clerk was instructed to place the subject
on the agenda for the next meeting.
Further consideration was given to the appoint-
ment of a Director of Civil Defense and the Chairman Civil
was authorized to discuss the subject with Mr. Harold Defense
Roeder, who was suggested as a Director, and report
to the Board at the next meeting .
Mr. Adams said he thought the Town could save
money on anticipation borrowing if the tax bills
were sent out earlier He said this was something
for the Board to consider and investigate for next Tax bills
year. The Chairman was authorized to contact the
Collector in the Town of Winchester to find out
what percentage of taxes have been collected, the
bills having been mailed early.
On July 8 the Board signed a letter to the
Honorable Thomas P. O'Neill, Jr. , House of Repre-
sentatives, Washington, D.C . , unanimously endors- National
ing the proposed Minute Man National Park, a portion Park
of which will be situated in the Town of Lexington.
Mr. Adams brought up the subject of street lights
on Bedford Street, and asked if it was possible to re-
place the present lights with brighter ones. Lights on
The Chairman agreed to discuss the subject with Bedford St.
220
o1:1
Mr . John Carroll and also to request the Chief of
Police to enforce the Traffic Rules and Regulations
relative to all night parking.
Mr. Adams brought up the subject of private
swimming pools being filled by the Fire Department,
and reported that equipment had been sent to 324
Concord Turnpike to fill a pool for an individual
Swimming who does not have town water. Mr. Carroll had given
Pools his consent because the Fire Department had already
promised to fill the pool, but he will not do it
again. Mr. Adams said that if this is to be a ser-
vice of the Town, a charge should be made . He re-
ported that some towns have a minimum charge of $35
and go up to $50. Mr. Carroll is not in favor be-
cause of the bookkeeping involved and is of the
opinion that it will cost more than it is worth.
Furthermore, he does not want the men in his depart-
ment to do this.
It was agreed to discuss the subject with Mr.
Carroll at the next meeting.
The Chairman was authorized to check with the
Planning Board to determine whether or not the layout
Worthen of Worthen Road, as agreed upon by the Board, has
Road been changed.
Letter was received from Busa Realty Trust, 38
Circle Road, offering $1,550, plus betterments, for
Tax title lots 90-94 inclusive on Albemarle Avenue . If the
amount is not acceptable, the bidder would like a
delay until July 27 to ascertain the amount of
court and attorney's fees .
It was agreed clot to take any action on the
offer until the next meeting of the Board.
Request was received from Mrs . Herman VanSchuyver,
458 Marrett Road, on behalf of the Grace Chapel Young
Peoples' Group, to place printed posters, advertising
a program of classical country music, in the Center.
The Board had no objection .
The meeting adjourned at 10:45 P.M.
A.Sfr A true record, Attest:
4" ? c tive lark, Sele ctrriin.
1