HomeMy WebLinkAbout1957-09-23-BOS-min I 1
SELECTMEN'S MEETING
September 23, 1957
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday evening, September 23, 1957 at 7:30 P.M. Chair-
man James, Messrs. Reed and Maloney and Mrs. Morey
were present. Mr. Gayer, Superintendent of Public
Works, and the Executive Clerk were also present .
Mr. Bertram P. Gustin, Chairman of the Town
Celebrations Committee and a Mr. Crawford met with the Board.
Mr. Guttin said that he brought forth a request
from the Celebrations Committee, which he thought came
from the Council of Churches, as to whether the
Celebrations Committee should have charge of the Thanks-
giving service. The Board asked him to investigate the
Catholic and Jewish groups to see if they would participate.
He said that they have advised that they would be happy to
participate in any way.
The Chairman asked how the Council of Churches felt
about bringing in all the groups and Mr. Crawford replied
that is the desire of the Council.
The Chairman asked if it would be the thought
of the Council that this should be a function arranged,
sponsored and executed by the Celebrations Committee.
Mr. Crawford replied that in order to have every- Thanks-
one participate it would have to be that way. giving
The Chairman asked if the Town Celebrations services
Committee would be willing to undertake this and Mr.
Gustin replied that the Committee would be happy to
enlarge its scope . He said he would rather use the term
coordinate than the term sponsor. He stated that the
Committee could bring the groups in and act as Moderator
so to speak.
Mrs. Morey asked if the services would be held in
Cary Hall and Mr. Gustin replied that is something that
would develop.
Mr. Crawford said it would have to be in Cary Hall
to make it on common ground.
Mr. Gostin said if it is successful and properly
done , Cary Hall would not be large enough.
Mrs . Morey asked if the services would be on Thanks-
giving day and Mr. Gustin replied that it has been on a
weekday night.
Mr. Crawford said he thought it was on Sunday the
last time .
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Mr. Gustin said that would be something to be
developed, and not a question that can be answered
unless the Board directs .
Mr. Maloney pointed out that Thanksgiving morning
is usually taken up with the football game .
Mr. James said that he believed the services
were held on Sunday and one reason was because there
is so much preparation that it took all day Saturday
and it is difficult to make preparations during the
week. He said he thought, as far as the Board is con-
cerned, it did not make much difference and whatever
suits the groups will be best.
Upon motion of Mrs. Morey, seconded by Mr. Reed,
it was voted to authorize the Town Celebrations Committee
to arrange, coordinate and execute appropriate services
for the observance of Thanksgiving Day, 1957.
Messrs . Gustin and Crawford retired at 7:35 P.M.
Hearing was declared open upon the application of
the Public Works Department for permission to maintain
one underground tank for the storage of 4,000 gallons
Gasoline of fuel oil at 201 Bedford Street.
hearing Notice of the hearing was inserted in the September
12, 1957 issue of the Lexington Minute-man and abutters
notified. The application was approved on September
6, 1957 by B. J. Belcastro, Deputy Chief of the Fire
Department.
No persons appeared in opposition.
Upon motion of Mr. Reed, seconded by Mr. Maloney ,
it was voted to approve the application and grant a
license to the Lexington Department of Public Works
to maintain one undergnund tank for the storage of
4,000 gallons of fuel oil on the premises located at
201 Bedford Street.
Mr. Stevens , Town Counsel, arrived at the meeting
at 7:38 P.M.
The Chairman read a letter from Mr. Stevens in
re acquisition of land for the new Junior High School.
Land for He recommended that Mr. Gayer prepare a plan showing
Junior the land owned by Gray, together with the portions of
High the Ives and Millican parcels. He again suggested
School that the terminus of the proposed or possible driveway
into the school at or near the intersection of Hancock
and Burlington Streets be fixed and the road then
projected into the main parcel. It is Mr. Stedens '
thought that as soon as the plan has been prepared
and approved by the Board and by the School Building
Committee that Mr. Ives and Mr. Millican be nd,tified
what the town proposes to take and then have the Board
adopt an order taking those two portions together
with the Gray parcel.
The Chairman read a letter from the Outdoor
Advertising Authority stating that a public hearing
will be held on application #40580, John Donnelly & Outdoor
Sons for sign at 93-97 Massachusetts Avenue, in Room Advertising
355, 80 Boylston Street, Boston, on Friday, September Authority
27th at 10:00 A.M. hearing
Mr. Stevens said that he would attend the hearing
and register the Town as being in opposition. He said
he would like to have Mr. Maloney and Mr. Ferguson
attend.
At 8:20 P.M. Mr. R. F. Boudreau met with the
Board relative to a sewer betterment assessment in the
amount of 4389.33 levied against lot 4, Lowell Street .
Mr. Boudreau explained that he owns a couple of
lots on Lowell Street and is building a house on one
of them. He purchased two lots intending to build a
house on one for himself and the other had a brook
going through the middle of it. Now there is a sewer
in there. He said he planned to put a septic tank in
front. He asked if he could hold up payment of the Sewer
betterment on Lot 4. He said he thought he could get Betterment
a house on it eventually the way the brook in the Assessment
rear has been piped in. He explained that he origin-
ally purchased the lot because he was able to acquire
it at a low price. He would like to defer pay-
ment of the betterment until the lot is built upon
or someone buys it.
Mr. Gayer presented a sketch showing the lot in
question and the brook.
Mr. Boudreau said he purchased the lot for 41,000
knowing the brook was going through it and noW that the
brook is enclosed it can perhaps be built upon.
Mr. Reed pointed out that it was not a buildable
lot until the sewer was installed.
Mr. Boudreau said when he purchased the lot he did
not intend to do anything with it.
Mr. Reed said that it is now a buildable lot and
Mr. Boudreau wants the betterment deferred.
Mr. Boudreau said he wanted it deferred until some-
one purchases the lot or it is built upon.
The Chairman said that the Board would discuss it
and see what can be done and let him know.
Mr. Boudreau retired at 8:28 P.M.
Mr. Stevens explained that the Chapter under which
deferments are granted was not meant to apply to single
house lots.
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It was agreed to explain to Mr. Boudreau that if
the betterment is deferred , the entire amount will
become due and when the lot is sold, built upon or at
the expiration of three years and the extension of
time will terminate immediately if the facilities of
the sewer main are used for the lot.
Mr. and Mrs. John Levis and Mr. Cornelius Cronin
met with the Board re the Boston & Maine Railroad -
Woburn Street crossing.
The Chairman said that Mr. Gayer had talked to
the railroad representatives concerning the plan Woburn sub-
mitted and asked him to explain it.
Mr. Gayer showed the plan to the group and
Street explained *hat is to come out indicated in red
crossing and what is to be installed indicated in yellow. He
said he asked the railroad representatives what happens
when there is a power failure and they said they have
a system with batteries that are tested periodically
and the signals can be operated by battery for a certain
number of hours.
The Chairman asked how many units would have bells
and Mr. Gayer replied that he did not know.
Mrs . Levis said that Mr. Hill, representing the
railroad, told her there would be two bells.
Mr. Cronin said that, according to the plan, it
looks as if there will be five posts when actually
they could have had only three.
Mr. Gayer said that the existing building and
gates will be taken away. He reported that the rail-
road representatives said the only place the company
installs automatic gates is where there is more than
one track. They are not installed for a single track.
Mr. Levis said he was interested in Hayes Lane.
The Chairman explained that the Board, inasmuch
as it will be xpresented at the D.P.U. hearing, wants
to know that the people in the neighborhood are satis-
fied with the proposed installation.
Mr. Levis said that he could not speak for all the
people who signed the petition, but he would prefer the
automatic es and will remain on record as preferring
them but/thgfe on it is out of the people 's hands.
The Chairman said that the Board must represent
the people of Lexington at this hearing.
Mrs. Levis asked how the Board felt and the Chair-
man replied that no decision has been made . He explained
that the Board wanted to be sure it had the opinions
of those most concerned.
Mrs . Levis said that one of the women said she
would like to see the gates, but if it is a question
of the lights and gates, she would prefer the gates.
A woman on Vine Street and one on Manley CourtY roaouid
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rather have the present gates than the automatic
lights.
The Chairman asked if they had seen the plan and
Mrs . Levis replied in the negative . She said several
people on Hayes Lane have seen this plan.
The Chairman asked if those people who had seen
this plan feel it is better than the manual gates and
Mrs . Levis replied in the affirmative.
Mr. Cronin asked if the plan had been approved by
the Department of Public Utilities and qtr. Stevens ex-
plained that is the purpose of the hearing, to request
permission to do this .
Mr. Cronin asked if gates were not installed un-
less there is traffic on a two-lane track.
Mr. Gayer replied that he was told that they never
install gates unless there are two or more main tracks.
Mr. Stevens explained the reason they use auto-
matic gates is to put a physical barrier so a person
won't be mislead by the fact that a train went by when
there might be another train coming. On a small amount
of traffic with only a single line, they don't think
it is necessary.
The group retired at 8 50 P.M.
The Chairman said his personal feeling is that
he is in favor of the proposed installation.
Mr. Reed said he was in favor.
Mr. Stevens said a check should be made to see
if the installation is to be as it is shown on the
plan. If it is the same, then he can say that the
Board of Selectmen is not opposed to the proposed in-
stallation, but some of the people are in favor of
automatic gates.
The Chairman asked Mr. Gayer to attend the hear-
ing and to assure himself that the plan proposed at
the hearing is the same as the one the Board had this
evening.
Mr. Stevens retired at 9 00 P.M.
The Chairman read a letter from the County Com-
missioners advising that a meeting will be held on
Wednesday, September 25th at 10 00 A.M. for discussion
of matters pertaining to public roads for 1958. ' Chapter
Mr. Gayer recommended continuation of the widen- 90
ing of Concord Avenue possibly to Waltham Street.
The Chairman mentioned including Burlington
Street and Mr. Gayer said that at one time he had
asked if the Board wanted to initiate the layout of
Burlington Street but it was the opinion of Mr.
Stevens , and the Board, that the initiation should come
from the property owners because of the takings.
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The Chairman explained that he was referring to
the part between Hancock Street and Preston Road to
Simonds Road.
Mr. Gayer said he was guessing that Concord Avenue
will cost $60,000 and $65,000 and he felt an effort
should be made to get it done.
It was agreed to carry along Concord Avenue.
The Chairman read a letter from Fay Kenny asking
the Town to replace a garbage container that the
collector threw away.
Complaint Mr. Gayer explained that he has not had an
opportunity to check into this complaint but Cliffe,
one of the better collectors, reported to Miss Kenny
that the pail was full of holes and he asked her
several times to get another container. She did not
comply so he tossed the container with the holes in
the truck.
Mr. Gayer said he would talk directly to the
collector and obtain a statement from him.
The Chairman said that, regardless of the con-
dition of the container, he did not think the
collector should have taken it. He asked Mr. Gayer
to find out more about the incident and report to
the Board.
The Chairman read a letter from Maurice White ,
770 Waltham Street complaining about a leak in his
water meter which he claims has been leaking for
about a year. He stated that he has reported the leak
Complaint several times but has had no success in getting it
re water fixed.
leak Mr. Gayer reported that last November he re-
ceived a letter from Mr. White and he personally
went to the house. Mrs . White gave him permission
to go into the basement but he could not find a
leak. He explained that he has issued four or five
work orders but each time the men have gone down,
they have not found any leak. Mr. Moloy went down
today and found soma moisture on the meter and
tightened the packing nut gland on it hoping it
would take care of the situation.
The Chairman read a letter from Edward V. Jones,
M.D. , 32 Locust Avenue, requesting installation of a
Sidewalk sidewalk in front of his property.
Mr. Gayer reported that an estimate of the cost
was mailed to Dr. Jones today for his signature .
Street for Petition was received from Robert J. Conley,
1958 Budget 7 Theresa Avenue , et al, requesting acceptance of
the avenue from Cliffe Avenue to Bow Street.
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This is an item to be considered in the 1958
budget.
The Chairman read a letter from E. R. Stock-
dale, 6 School Street requesting reimbursement of
$35.00 which he paid Mr. Paul Mazerall for removing
a tree. He stated his neighbor had a tree removed
by the Town free of charge.
Letter was received from Mr. Gayer explaining Tree
that the tree Mr. Mazerall took down was an elm tree removal
but had been dead so long it could no longer help
spread the Dutch Elm Disease . Mr. Mazerall told
him that, Mr. Stockdale requested its removal
because he was afraid it would blow over onto his
garage during a storm.
The Chairman read a letter from A. Clifford
Fletcher stating that when he applied for a building
permit for 112 Spring Street he was told that a per-
colation test was not necessary because sewer was
available . Later when he requested an estimate of the
cost for water and sewer he was informed that the sewer
is not available. Sewer
Mr. Gayer presented a sketch and explained to the 112 Spring
Board the location of the house and sewer and said Street
that there is fourteen feet of ledge on the other side
of the manhole.
Letter was received from Mr. Lurvey, Executive
$ealth Officer advising that he had never been ques-
tioned or notified by anyone in regard to a percolation
test on 112 Spring Street and furthermore he has never
had any contact with anyone regarding this lot.
Mr. Reed asked if the lot could be serviced by a
septic tank and Mr. Gayer said he doubted it.
Mr. Reed asked what advantage there would be in
extending the sewer and Mr. Gayer replied that he did
not know.
Mr. Gayer said that in the future all applicants
for building permits will be required to inquire at
the Engineering Department to determine whether or
not sewer and water is available .
The Chairman said that Mr. Fleteher's only re-
course is to petition for a sewer system under the
Betterment Act. He requested Mr. Gayer to ask Mr.
Lurvey to check the lot. If it proves impossible
to service by a septic tank, the Board will advise
Mr. Fletcher to petition for a sewer.
Letter was received from the Mystic Valley Gas
Company requesting permission to locate a 4" steel Gas main
high-pressure gas main in Adams Street to supply
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gas to three new houses under construction.
Yr. Gayer recommended that the request be
denied until such time as the gas company submits
a more definite plan. He explained that the plan
accompanyingthe letter does not show anything and
he will write a letter to that effect.
No action was taken on the request.
Mrs. Morey said that she thought the Board should
authorize Mr. Gayer to explain to the School Committee
just where the utilities in the Corrigan development
are to be located so that the Committee will be in-
formed.
Mr. Gayer retired at 9:45 P.M.
Mr. Gorden Steele met with the Board.
Mr. Steele explained that he was present as a
School Committeenember. He presented a sketch
showing the Senior High School and the new wing. He
explained they propose a skating area and a hockey
rink to make a skating area available for the child-
ren and to make a rink for the hockey team to practice
on. He said they hope to get the job done as cheaply
as possible. They have talked to several contractors
who do this type of work and received all kinds of
Skating proposals . They finally reduced the number to two
rink at companies, one in Concord and one in Lexington and it
High so happened that they both came up with the same offer.
School He said it is an $8,000 job and whatever is realized
for selling the loam will be credited to the Town.
They suggested to these people that the Committee was
interested in getting the excavation done and have the
natural bend there to cost as little as possible . Then
a local company and a Concord company came up with the
same thing. They will clear the area, retain the front-
age of trees, remove the trees and stumps on am exchange
basis . They would have 5,000 cubic yards of peat
loam in there for the work of clearing, etc.
Mr. Steele reported that the School Committee is
in favor of it and has -had somewhat of en opinion
from Town Counsel but plan to get a more detailed
opinion. The Committee felt it wanted the Selectmen
to express an opinion and if they do exchange the fill
fOr the work it will be a good deal for the Town
costing nothing. He said the Town is interested in
taking some of and can pay $2.00 a cubic yard for it.
Mrs. Morey asked if the material to be removed
was good loam and Mr. Steele replied that it is peat
loam.
The Chairman asked what kind of an offer was re-
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' ceived which would include excavating, cleaning up
and leaving the loam for the Town.
Mr. Steele replied that one man said he should get
$8,000 for the job. He would sell the loam. He said
that Morrow Construction Company in Concord will do it
on an even exchange basis. He said that Chesterbrook
Company said the same thing.
The Chairman said before he makes up his mind he
would like to hear what Town Counsel has to say be-
cause there is a by-law about removal of soil from
the Town.
Mr. Steele said that Town Counsel did give an
opinion and said the Committee should offer it to the
Town if it can be purchased for a price- no greater
than the Town is paying now.
The Chairman said he would like to have Mr. Stevens '
approval before he makes up his mind.
Mr. Steele asked if it was all right to say the
Selectmen were in favor if Town Counsel approves .
The Chairman said if Mr. Stevens gives his approval
from a legal standpoint, he felt there was nothing
wrong.
Mr. Maloney said that there should be a contract
prepared by Mr. Stevens, and Mr. Steele agreed.
The Chairman asked if this would be under the con-
trol of the School Committee or the Recreation Committee.
Mrs. Morey said she felt it should be directly under
the supervision of the School Committee, and Mr. Steele
agreed.
Mr. Steele retired at 10:00 P.M.
Mr. Samuel P. Snow, Planning Director, met with the
Board. He reported that he went into the State Depart-
ment of Public Works today. A Mr. Patts, member of
the Right of Way Division of the Department of Public
Works, came to his office with a plan of Route 2 which
was in more detail than the one presented at the public
hearing. He was disturbed about building permits being
issued in various places and Mr. Snow told him that Route 2
Lexington had no idea where the road was going to be.
Mr. Snow said that, in asking questions, he found out
that the State has the money to have the plan drawn in
detail and filed before the first of January. It will
be drawn on a 40 ' scale, and when it goes on record,
that is it. Mr. Snow said he hoped some consideration
would be given to the work done in Lexington, and the
Planning Board hoped to discuss it with the Selectmen
in the near future . Mr. Snow told him what he thought
should be done , and asked for a conference today and
talked lb Mr. Whitcomb and showed him Lexington's
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plan. He said as far as the State is concerned the
Town's plan is a pipe dream because there are no
roads in existence, Mr. Snow said Lexington has been talk-
ing about Worthen Road for three or four years and
Mr. Snow said he was now satisfied in his own mind
that it is justified. Mr. Whitcomb said they would not
give Lexington an access for When Road on Route 2.
If Worthen Road goes to Waltham Street, the Town will
have an access. There will be a cloverleaf at Waltham
Street, makinginterchange and said the shopping
center was to be determined and if the Town did not
vote it, there was no necessity for having an
interchange They are considering a full cloverleaf
at Spring Street.
Mr. Snow said he was talking to Mr. Grindle and
he thought the Planning Board should discuss the entire
subject with the Selectmen as soon as possible .
Mr. Maloney said that the Additional Town Office
Building Committee was meeting tomorrow night at eight
o'clock and suggested a meeting of the Selectmen and
Planning Board at nine o'clock.
Mr. Snow retired at 10:15 P.M.
Police The Chairman read a letter from Mr. R. M.
Dept. Coquillette commending the Lexington Police De-
partment for performance in recovering his stolen
car.
It was agreed to send a copy of the letter to the
Police Department.
Another letter was received from John F. MacNeil
Insurance with reference to insurance savings and advantages he
has to offer the Town.
The Chairman agreed to call Mr. MacNeil.
The Chairman read a letter frpm David W. Walsh,
9 Alpine Street with reference to tax title lots
Tax title 263-265 which the Board voted to sell and convey to
him. Mr. Walsh withdrew his offer due to the attitude
of the Board with respect to lots on Colonial Avenue
and Alpine Street.
Notice was received from the Department of Public
Utilities relative to a hearing to be held on October
Hearing 23rd re Boston rates and charges.
The Clerk was instructed to pace the item ofi the
agenda for some meeting prior to the hearing.
Signs Letter was received from Mr. Burr Cullom, Nash-
ville , Tennessee, advising that on a recent visit to
Lexington he encountered difficulty in signs point-
f- a total of four. Mr. Snow asked about the Spring Street
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' ing to Concord and felt that the direction markers
in Lexington are inadequate .
Application was received from the Lexington License
Cab Company for an additional public carriage
license.
Upon motion of Mr. Reed, seconded by Mr.
Maloney, it was voted to grant the license,
Mrs . Morey reported that the suggestion had
been, made that the Board call General Morgan'a
office at the Base and put out a call for Scout
Troop Leaders . She decided to call Sachem Council Scout
and inquire as to what is being done about Scout Troop
Leaders. Two years ago they did put out a call. Leaders
This was a case of an individual Colonel in Town
feeling there were boys who would do it and he
wanted the Selectmen to put out the call. She
said she thought it would be better to have Sachem
Council handle it, and the Board agreed.
The Chairman reported that he received a ques-
tionaire from Sherwin Williams re Joseph Belcaaro
who has applied for a position of manager.
The Board authorized the Chairman to complete
the questionaire and return it.
The Meeting adjourned at 10:10 P.M.
A true record, Attest:
ec iv lerk Selectien