HomeMy WebLinkAbout1957-04-29-BOS-min 403
SELECTMEN'S MEETING
April 29, 1957
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday evening, April 29, 1957 at 7:30 P.M. Chairman
James, Messrs. Reed, Maloney, Tucker and Mrs. Morey
were present. Mr. Stevens, Town Counsel, Mr. Gayer,
Superintendent of Public Works, and the Executive
Clerk were also present.
Mr. Gayer presented bids for/purchase of a
2-door sedan, to be used in the Public Works De-
partment, as follows :
Mawhinney Motor Sales
1957 Plymouth Plaza 6 cyl. 2-door, equipped $2437.00
Less Federal tax 138.76
2290.24
Allowance 1948 Chevrolet 2-door sedan 800.24
1496.00
Car bids
Rowe-Jackson Chevrolet, Inc.
1957 Chevrolet Model 1502, 2-door sedan,
equipped 2245.97
Less Federal tax 43.00
2102.97
Allowance 1948 Chevrolet 2-door sedan 2.9
Net I630.00
Frederick R. Childs
1957 Ford Custom Tudor, equipped, less tax 2515.00
Allowance 1948 Chevrolet 2-door sedan 8140.00
Net 1675.00
Upon motion of Mrs. Morey, seconded by Mr.
Tucker, it was unanimously voted to accept the
low bid submitted by Mawhinney Motor Sales in the
net amount of $1498.00
Mr. Gayer presented bids for the purchase of
gasoline as follows:
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Cik40
CdJ
Gulf Oil Corporation Tank Wagon Discount *
Gas Regular 16.90 2.99 18.91
Diesel 16.20 0.50 15.70
Socony Mobil Oil Company
Gasoline Gas Regular 16.90 02.25 19.65
bids Diesel 16.5 .005 16.00
The Texas Company
Gas Regular 16.9 .031 18.8
16.5 .005 16.o
* Delivered price including 5% per gallon State Tax.
Upon motion of Mr. Maloney, seconded by Mr. Reed,+
it was unanimously voted to accept the low bid sub-
mitted by The Texas Company, it being understood that
there will be no charge to the Town for change over of
equipment.
Mr. Stevens explained that a revised taking order
on the relocation of Allen Street would have to be
Allen St. signed, with the corrected description. Last Fall
relocation the Board had releases signed by Swenson and Carroll.
order He was tbf the opinion that new releases should be signed,
on the new vote and in the process found out that one
of the Carrolls did not sign. She is the wife of one
of the brothers. The third brother died five years
ago and left everything to his wife. She apparently
knew nothing about this.
Upon motion of Mr. Reed, seconded by Mr. Maloney,
it was voted to sign an Order for the relocation of
Allen Street in the following form:
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Lexington, Mass.
April 29, 1957
At a meeting of the Board of Selectmen of the
Town of Lexington held on the twenty-ninth day of
April, 1957, it is
ORDERED: Whereas the Board of Selectmen of the
Town of Lexington having determined and adjudged that
common convenience and necessity require that a town
way be altered, relocated and laid out in the location
hereinafter described and having compiled with the
requirements of law relating to notice, and having received
a report thereon from the Planning Board of the Town,
did on the eighteenth day of February, 1957 alter,
relocate and lay out as a town way the way known as
405
Allen Street from Waltham Street southeasterly 1620
feet more or less to a point on Allen Street which is
120 feet more or less southwesterly of Clematis Road,
and duly filed their report of such alteration, re-
location and laying out with the boundaries and the
measurements of the same. in the office of the Town
Clerk on the nineteenth day of February, 1957., and
whereas at a Town Meeting duly called, warned and
held on the eighteenth day of March, 1957, adjourned
to the 25th day of March, 1957, adjourned to the first day
of April, 1957, and adjourned to the 3rd day of April, 1957,
in accordance with the provisions of law, applicable
thereto, it was
"VOTED: To establish as a town way and accept the
relocation and alteration of as a town way Allen Street
from Waltham Street southeasterly 1620 feet, more or
less, to a point on Allen Street which is 120 feet, more
or less southwesterly of Clematis Road as relocated and
altered by the Selectmen and shown upon a plan on file
in the office of the Town Clerk dated October 1, 1956,
and to authorize the Selectmen to take by eminent domain
any fee, easement or other interest in land necessary
therefor and to raise and appropriate for land acquisition
and for construction the sum of $100.90."
NOW, THEREFORE, WE, the undersigned, being a majority
of the Board of Selectmen of the said Town of Lexington,
duly elected, qualified and acting as such, do hereby under
and by virtue of the provisions of Chapter 79 of the General
Laws and of any and every o power and authority us
hereto in any way enabling/rn he name and on behalf of the
Town of Lexington the following:
1. The perpetual right and easement to use for all
the purposes of a town way the land in said town
bounded and described as follows :
The northerly sideline of Allen Street begins at
a point in the easterly sideline of Waltham Street,
said point being southerly and distant 185.79 feet
from the northerly terminus of a curve of 682,51 feet
radius, thence bearing tothe left with a curve of 20.00
feet radius distant 31.57 feet to a point of tangency,
thence South 790 32' 10 East distant 317.49 feet to the
southerly terminus of the westerly sideline of Stedman
Road, thence continuing South 790 32' 10" East distant
68.47 feet by the southerly line of Stedman Road, thence
South 320 57' 30m East distant 162.96 feet by the said
' southerly line of Stedman Road to the southerly terminus
of the easterly sideline of Stedman Road, thence continuing
406
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South 32° 57' 30" East distant 173.00 feet to a point
of curvature thence bearing to the left with a curve
of radius 600.00 feet distant 157.08 feet to a point
of tangency, thence South 47° 57' 30" East distant
379.00 feet to a point of curvature thence bearing
to the right with a curve of 840.00 feet radius
distant 190.59 feet to a point of tangency, thence
South 34° 57' 30" East distant 43.00 feet more or
less to a stone wall, thence easterly distant 10.00
feet more or less by said stonewall to the westerly
terminus of the northerly sideline of Clematis Road,
thence in a general southerly direction distant 80.00
feet more or less by the westerly line of Clematis Road
to a point on a curve of 170.00 feet radius said point
being Southerly and distant 52.00 feet more or less
from a point of curvature on said curve, thence
bearing to the right with a curve of 170.00 feet
radius distant 53.00 feet more or less to a point
of tangency, thence South 00° 21' 50" West distant
30.79 feet, thence North 89° 38' 10" West distant
50.00 feet to the southerly sideline of Allen Street,
thence North 00° 21' 50" East distant of 120.00 feet
radius distant 73.98 feet to a point of tangency, thence
Notrh 34° 57' 30" West distant 79.03 feet to a point of
curvature, thence bearing to the left with a curve of
790.00 feet radius distant 179.25 feet to a point
of tangency, thence North 47° 57' 30" West distant
379.00 feet to a point of curvature, thence bearing to the
right with a curve of 650.00 feet tedium distant 170.17
feet to a point of tangency, thence North 32° 57' 30"
West distant 262.53 feet to a point of curvature, thence
bearing to the left with a curve of 120.00 feet radius distant
97.55 feet to a point of tangency, thence North 790 32' 10"
West distant 321,03 feet to a point of curvature,
thence bearing to the left with a curve of 20.00 feet
radius distant 28.33 feet to a point of common tangency,
on the easterly sideline of Waltham Street, thence bearing
to the left with a curve of 682.51 feet radius distant
87.85 feet to the point of beginning.
Both sidelines of Allen Street are parallel and
distant 50.00 feet from each other, with the exception
of the intersections at Waltham Street, Stedman Road and
Clematis Road.
The above description is intended to conform to a
plan entitled "Plan of Allen Street Relocation in
Lexington, Mass. Scale 1" = 40' , Oct. 1, 1956, Whitmat
and Howard, Engineers, 89 Broad St., Boston, Mass."
which plan is on file in the Town Clerk's Office in the
Town Office Building and a copy of which will be recorded
with the Middlesex South District Deeds with a copy of
this Order
407
2. The perpetual right and easement to deposit,
,
slope, bank and maintain upon the strip of
land hereinafter described whatever filling,
material or support may be necessary or desired
for the construction and maintenance of a
town way in the land described above in
paragraph 1, said strip of land having a
uniform width of 30 feet and being stivated
northeasterly of and abutting upon the land
described in said paragraph 1 and extending
from the common boundary of land of the Town
of Lexington and of Henning W. Swenson on
the northwest to an easterly boundary of
land of said Henning W. Swenson, sll as
shown on the aforesaid plan and marked
"Slope Easement".
All trees, if any, upon theland taken are included in
this 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/said land or
of any interest therein is not correctly stated, it is to
be understood that such land or interest is owned by an
owner or owners unknown to us,
OWNER
Henry J. Lamont, Leonard G. Russell, Charles Cornell, Henry
P. Sullivan, Archie F. Bullock, Robert J. Forrest, John W.
Kelly, William J. Sinclair, Thomas S. Kelly, Alvan W. Davis,
John J. O'Neil and John E. Pierce, as they are trustees of Ridge
Associates.
Henning W. Swenson
Michael Joseph Carroll, Lawrence Matthew Carroll and Patrick
Edward Carroll or Maryhelen Carroll.
No betterments are to be assessed for this' improi'ement.
And said Board, having considered the question or damages,
hereby determines that no damages have been sustained and none
are awarded.
WITNESS our hands at Lexington aforesaid this twenty-ninth
day of April, 1957.
1
'
408
r"
Raymond W. James
Haskell W. Reed Selectmen
William E. Maloney of
Ruth Morey Lexington
Ralph H. Tucker
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Lexington, Mass.
April 29, 1957
Then personally appeared 'the aboveb-named Haskell
W. Reed, Raymond W. James, William E. Maloney, Ralph
H. Tucker and Ruth Morey, known to me to be the duly
elected, qualified and acting Selectmen of the Town of
Lexington, and severally acknowledged the foregoing
instrument to be their free act and deed.
Hazel J. Murray
Notary Public
My commission expires Nov. 29, 1957.
Mr. Stevens referred to the installation of
sewer in Haskell Street and Presented the Board with
Sewer an Order which, upon motion duly made and seconded,
Order was signed 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 29th day of April, 1957,
it is
ORDERED: Whereas at a Town Meeting duly called,
warned and held on larch 5, 1956, namely at an adjourned
session thereof duly held on March 26, 1956, in accordanae
with the provisions of law applicable thereto, it was un-
animously
"VOTED: That the Selectmen be and they hereby are
authorized to install sewer mains, subject to the
409
asseeement of betterments or otherwise, in such accepted
or unaccepted streets or other land as the Selectmen may
determine, in accordance with Chapter 504 of the Acts of
1897 and all acts in amendment thereof and in addition
thereto, or otherwise, and to take by eminent domain
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 $103,000.00
of which $58,000.00 is to be transferred from the Sewer
Assessment Fund; and the balance of $45,000.00 is to be
provided by the issue of bonds or noted of the Town; and that
the Treasurer, with the approval of the Selectmen, be and
he hereby is authorized to borrow the sum of $45,000.00
and issue bonds or notes of the Town therefor, to be
payable in accordance with the provisions of Chapter 44 of the
General Laws, as amended, within a period not exceeding
twenty years." , and
WHEREAS the Selectmen have determined that a sewer
main should be located in the land hereinafter described.
NOW, THEREFORE, we, 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 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,
construct, inspect, repair, remove, replace, operate and
forever maintain a sanitary sewer or sewers with any
manholes, embankments, walls, pipes, culverts and other
appurtenances, aid to do all other acts incidential
thereto, including the right to pass along and over
the land for the aforesaid purposes., in, through and
under the whole ofthat portion of Haskell Street in said
Lexington that extends from Lowell Street to Summer Street,
all as shown and marked "Sewer Easement" on plan entitled
"Plan of Haskell St. Sewer Easement Lexington - Mass."
dated March 27, 1957, Richard J. Gayer, Town Engineer, to
be recorded herewith, and reference to said plan is made
and said plan is incorporated herein for a complete and
detailed description of said portion of Haskell Street.
Said rights and easements in the above-described
portion of land are taken without interference with
or prejudice to the rights of the respective owners, except
so far as is reasonably necessary in the exercise of the
rights and easements hereby taken, and there is reserved
410
NI
to the respective owners and their heirs, successors
and assigns, all their respective rights in and to
the use of their lands lying within said above•
described parcel for all lawful purposes not incon-
ent withthe use thereof for all of the purposes
silt P P
hereinabove mentioned.
On each occassion 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 con-
dition as when the entry was made.
Any trees upon the land included within the above-
described parcel of land 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 owners of any of said
land or of any interest therein is not stated or is not
correctly stated, it is to be understood that such land
or interest is owned by an owner or owners unknown to me:
Lot number as shown dmI
Owner aforesaid plan
Agnes Monahan Unnumbered lot and lot 18
John J Jr. and Barbara Ann Collins Lot 55 B
Richard W. and Theresa M. Nylander Lot 55 A
Frederick S. Gilley, Jr. Lot A
Austin J. and Mary E. Gibbons Lot B
Frank R. and Nora D. Zelk Lot C
Paul A. and Mary Costa Lot D
Arthur R. and Anna M. Marson Lot 16
Betterments have been assessed for this improvement
and are set forth in an order for construction of sewer
dated March 11, 1957 and recorded in Middlesex South District
Registry of Deeds, Book 8928, Page 112.
And said Board, having considered the question of
damages, hereby determines that no damages have been
sustained and none are awarded.
411
WITNESS our hands at Lexington aforesaid this 29th
day of April, 1957.
TOWN OF LEXINGTON
By Raymond W. James
Ralph H. Tucker
Ruth Morey
Haskell W. Reed
William E. Maloney
Board of Selectmen
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. April 29, 1957
Then personally appeared the above-named Raymond W.
111 James , William E. Maloney, Ruth Morey, Haskell W. Reed and
Ralph H. Tucker, 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, before me,
Harold E. Stevens
My commission expires : Sept. 16. 1961
Upon motion duly made and seconded, it was yoted
to sign a contract with Susi & DiSantis Company for Contract
sewer and water work, Contract No. 1. All five copies
were taken by Mr. Stevens.
Mr. Stevens reported on the Sangren case, in-
volving Chief Ryeroft and Officer Burdick and said Sangren
that he would come in at some later meeting with a case
recommendation
Mr. Ampollo and his attorney, Mr. Ryan, met with
the Board.
111 Mr. Ryan presented a plan of T.ongfellow Estates
412 ram,
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consisting of sixteen lots showing a proposed new
Street. He explained that Leeland Construction
Company has developed the land along Hawthorne Road
and Longfellow Road which streets, he understood, have
been accepted by the Town. He said that drainage
through this section is being dumped into Mr. Ampollots
development. He explained that they would like to
Drainage continue a 12" pipe, but in talking to the Town Engineer
he said that it must be a 42" pipe from here (indicating
on plan) down here sad then empty into the brook at the
Edith Willard land. He said it is not reasonable for
the Town to ask his client to do this. He said the
drainage will take care of Hawthorne Road and Long-
fellow Road. He said it is unreasonable to expect them
to put in a 42" pipe because it is about $8,00 a foot
and each piece of pipe weighs about a ton. He said he
is present at this meeting to see whether or not the
Town would buy the material. They will dig the trench,
lay the pipe and put in the backfill. He said he did
not think they should be required to supply the drainage
for the whole section and that the town has no right,
without an easement, to dump water on the 41both land.
Mr. Stevens said he would not go that far on the
facts of this case. He said !ke serid he thought the
Riboch land is subjetst to a drainage burden for this area.
The brook runs across into Longfellow and then over
into the Riboch land and goes through there to the
Willard property. He explained that all the town did
was to allow it to be put into a pipe and then it runs
out in that direction.
Mr. Ryan said the natural stream comes down and empties
into the Willard land, and there is a small stream back
over Longfellow Road that has been diverted. He indicated
on the plan the location of the Riboch land and where the
drain begins.
Mr. Reed explained that the Town has not gone any
further than the brook.
Mr. Ampollo said that there is a storm drain
which empties into this piece (indicating on plan) that
was widened by the Leeland Construction Comapny.
Mr. Reed asked how they widened it and Mr. Ampollo
replied that he did not know. Leeland Construction owned
the property at that time.
Mr. Reed said that was correct and he was dumping
the water onto his own land. He asked how long Mr. Ampollo
owned the property and he replied about fifteen months.
Mr. Reed asked if he had any objection before the
Town accepted the , streets.
Mr. Ampollo said he assumed he could go along on
the 12".
Mrr. Reed said that he was objecting now that the
Town had accepted the street.
Mr. Ryan said he believed a L12" pipe was needed but
didn't think his client should pay for it. He said it
would benefit the entire area.
The Chairman asked if any of Mr. Ampollo's drainage
in this area was going into the drain and Mr. Ryan replied
not until it gets to a certain place.
Mr. Reed asked why a 42" drain was required.
Mr. Gayer replied that the first reason was a study
made by Metcalf and Eddy of the entire drainage area
and the second reason !►*seen was a survey the Town made
itself. He said actually it came out larger, but they
settled on a 42" which was based on the theory that it
would not beta built up section. Now, with the section built
up, it is more necessary that it was before.
Mr. Stevens asked when the survey was made and Mr.
Gayer replied in 1928.
The Chairman asked when the Town made a survey and
Mr. Gayer replied at the time these gentlemen brought it
up.
Mr. Stevens asked if there would be ally difference in
the size of the drain if Mr. Riboch wanted to develop this
piece of land and Longfellow Road and Hawthorne Road were
not already developed.
Mr. Gayer replied in the negative and said that they
had not paid any attention to this development.
Mr. Ryan said that if this was the only land being
developed the 42n drain would not be needed.
Mr. Gayer said it is needed to carry the water that
is in the entire watershed.
Mr. Stevens said that is in the watershed and it
has no bearing on the development.
Mr. Ryan said if Leeland still owned the land he
would have to obtain an injunction against tiim tb close
the pipe.
Mr. Stevens said he did not believe he could if
this is water only collected in the drainage area that
drains over that laid.
Mr. Ryan said that Leeland has no right to collect
the water and dump it on his clients land and neither
does the Town.
Mr. Stevens said it depends on the drainage area.
Mr. Ryan said he was only asking for assistance
and not asking for the Town to put in the whole drainage
system. He said it is unreasonable to ask his client
to put in something that costs $8.00 a foot where it
will becnot for his benefit but for the benefit of the
whole area.
Mr. Stevens said Mr. Ampollo was not assuming any
obligation that does not go along with his land in the
position in which it is.
414 -
Mr. Ryan said he did not agree.
Mr. Gayer asked if this was a natural drainage for
the entire area beforeLapyPstreets were put in and Mr.
Ampollo relied that he did not know.
Mr. G firer explained that Metcalf and Eddy show this
was the natural drainage for the entire area.
Mr. Ampollo said that Leeland came in three or four
years ago to put in a 12" to take care of what the survey
called for at that time, a 42".
Mr. Gayer said he did not know about that.
Mrs. Morey said that Mr. McConchie developed land
that was higher and possibly that is why he sold. He
may not have wanted to develop any further.
Mr. Malbnsy said Mr. McConchie was in a lot of
difficulty over there in the land which he developed
in regard to both drainage and sewerage.
Mr. Ampollo said this land i8 actually higher
than Leelands. There is one low section which they
are not using.
Mr. Reed said the course of the natural brook has
been stopped somewhere along there. It stops at the end
of Hawthorne and Longfellow Road. He said Leeland had
no objection because it wash his own land. Now this group
has purchased it and has objections. H said he was sure
the Selectmen would not arrive at a decision this evening
and would like an opportunity to study the situation.
Mr. Ryah said he would like the members of the Board
to take a View of the premises and Mr. Reed explained that
he sees it every tither day.
Mr. Reed inquired about the distance of the-42" pipe
and Mr. Ampollo said that it is about 800 feet.
Mr. Maloney asked how may 12'" pipes would feed into
this 42" pipe and Mr. Gayer replied it would be from the
entire watershed.
Mr. Maloney asked how it would get into the watershedu
and Mr. Gayer explained that there is a 12" here and a 12"
here, indicating on the plan.
Mr. Maloney said that would make only an 18t' pipe
and asked how 42" of water could get into a 42" pipe with
two 12" pipes feeding into it.
The Chairman said that no decision would be- made this
eyeing and that the Board would give the subject some
thought.
Messrs. Ryan and Ampollo retired at 8:35 P.M..
Mr. J. Henry Duffy, 24 Maple Street, met with the
Board.
He said the subject matter for discussion was the
Great Meadows, so-called. He said what brought the
situation to a head as far as he was concerned, and his
reason for meeting with the Board, was a conversation he
415
had with Mr. Reed developed out of notes of Board meetings.
He said th t he has lived on the border of the meadow for
fiftyfigafAxiiiid is very much interested because he
thinks the tract as a whole stands as a tract of good
development because of the location and general nature.
The information given by Mr. Duffy on the Great
Meadows was more or less as follows :
It was flooded from 1873 to 1900. There were from Great
two to five or six feet of water on the average with Meadows
a large growth of shrubs. It served as a skating area
for the whole village. Most of the people on Massachusetts
Avenue maintained boats there one-half mile North and South
and about three-quarters mile East and West. It was full of
springs . The neighbors in the village used to cut a lot of
peat which they burned in their homes and they sold a lot of
it. It was discontinued as a commercial enterprize in 1920.
That area is about 176 acres and that embraces the so-called
Meadow, the out boundaries which they took for the protection
of the watershed.
The enabling Act which permitted the construction of
whatever was necessary was passed in 1873. In 1873 they
built the Arlington Heights Reservoir, a brick culvert which
carried Brown's brook. That brook ran into the meadow, but
111 was diverted so it ran into Mill Brook. In order to conserve
the supply of water for the reservoir they made a taking for
the purpose of diverting the water from the meadow to the
reservoir. I think it is important in the enabling Act,
one part authorized taking by eminent domain of the low area,
a4d the secondpparttauthorized the purchase or otherwise but
not by eminent domain, a strip of land outside the low area for
the purpose of a watershed.
I think there is a provision in the Statute in both
those features which were permitted, that if at any
time therewas non use for the purpose of the Act, the
land would automatically reverse to the original owners.
That seems to me to be quite important. Eton in 1873 they
could not determine who the owners were. There is a
complicated question as -to the purpose of the Act which
was divided into two parts; diverting the water to fill the
reservoir used solely for the market gardens . In 1894
they built a punping station opposite the East Lexington
Station and drove a well in the vicinity of the East
Lexington Station and pumped it through a 10" pipe. That
water, I think, they used for domestic purposes because
it came from springs. That pumping station was built in
Itseems to a as far as
1894. They took it down in 1933. �
the low ground section of the meadow is concerned, the Act
of abandoning the pumping station was the equivalent to
non use.
I _
416 1.4
That left remaining whatever legal use there was of
the water diverted to fill the reservoir. The Town of
Arlington appropriated $1300 to put in a sluiceway which
indicated they plan to maintain a reservoir.
One time when I was on the Planning Board we met
with the Arlington people and we thought the reservoir
property could be hooked up for some development because$
we owned a section of park land near the East Lexington
Station. We thought there was a possibility of leading
a road from the reservoir up into this section which
might be a park plan. We did not make any progress.
I think that is the story about this reservoir.
People get confused because they don't know about the brook
business. This brook used to flow into Mill Brook.
I would like to suggest that this 176 acres of the
low ground F 100 acres low ground, 76 acres hard ground•
because the remaining area of Lowell, Maple Street and
Moreland Avenue section, you must consider it as a plan-
ning unit. I think this area needs a cross road and there
is a good chance of putting a cross road from Summer and
Lowell Streets to Brown's brook and right up the valley
because some time you will have a main sewer up there.
The future requirements wull require a road up the middle,
parallel with therailroad and Massachusetts Avenue. We should
do the planning through the Planning Board and be prepared
to advise people whet our future plans are for the whole
area rather than have these isolated tracts come in. I
think this area is a tract which will require a lot of
study to work it out right. It would make a good sanctuary
for birds if it were flooded.
Mr. Duffy retired at 9:10 P.M.
The Chairman read a letter from Mr. Stevens with
reference to tax title lots 187-190 Hillcrest Avenue
which the Board had voted to sell and convey to Joseph
P. FitzgeralA.
Mr. Stevens checked the records at the Land
Registry Office End found that this is another case
where the Town is not in a position to complete a
sale because there is no Certificate of Title in the
name of the Town. It will, therefore, be necessary for him
Tax title to ask Mr. Carroll to file a petition end it may be several
weeks before the Certificate can be obtained.
Mr. Stevens thought the Board might want to review
the proposed sale, due to the fact that it will cost ap-
proximately $75 to obtain a new Certificate of Title.
The Chairman was authorized to advise Mr. Fitzgerald
of the situation and explain that it will probably dn•
volve an extra cost to him about $75.
417
The Chairman read a letter from Mr. Tropeano, a copy
of which the Clerk had forwarded to Mr. Stevens, with Release of
reference to land of Mrs. Abbie W. Fuller and located on title
Sunny Knoll Terrace, formerly described as "land rear
Sunny Knoll Avenue" .
Mr. Stevens said it involves two pieces of lanyl. The
taxes were not paid on one and apparently the wrong land
was taken. He said he would check the information sub-
mitted by Mr. Tropeano and draw an instrument for the
Board to convey all right, title and interest of the Town,
Mr. Stevens retired at 9:35 P.M.
Petition was received from the Boston Edison Company Poles and
and the New England Telephone and Telegraph Company for per- Guy wire
mission to maintain six poles, guy wire and anchor from location
last pole, on Calvin Street.
The Chairman explained the petition had been previously
denied and the petitioner has moved the proposed guy wire
down to a vacant lot.
Upon motion of Mr. Reed, seconded by ,Ir. Maloney,
it was voted to grant the petition for the following
pole locations:
Calvin Street, northwesterly side north-
easterly from a point approximately 15
feet northeast of Ivan Street,--
Six poles. Guy wire and anchor from
the last pole.
The Chairman read a letter from John Blackhall Smith,
Superintendent of Schools, stating that it seems de-
sirable to increase the wattage of lights in the School
various parking areas at the High School from 1,000 to lights
2,500 watts.
The Board had agreed on April 1st to increase the
lumen to 2500, and the Chairman was authorized to so
advise Mr. Smith.
The Chairman referred to Mr. Vernon Page 's letter
of April 13th relative to sewer pipe connections from
the street to a point inside foundation walls .
He explained that some years ago the Town used to Sewer pipe
put in sewer connections directly through walls of houses connections
•that wanted sewer connections. Then there was one job
into which the Town ran into some trouble, when the Town
put pipe through the wall surface water came in from
around the pipe into the cellar. At that time the then
Superintendent of Public Works decided that under similar
circumstances he would not do the connection and since that
•time it has not been done. The only time the Town goes
418
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in now beyond that wall is before the wall is waterproofed
on new construction, but not in older houses because of
the possibility of this occuring.
He said that lir. Page has requested that the Board
make a decision and say the Town will carry through cellar
walls. He reported that he talked to Mrr. Weisinger and he
said the only complaint relative to the way the Town is
operating now is this one from Mr. Page.
The Chairman said if it is working well he could
- see no reason for changing the situation.
Mr. Maloney said if it is a hard wall the plumber
should be responsible. He said the taxpayer should not
be obliged to hire separate contractor when all the
crew is standing there.
The Chairman said all the Board wants to guard
against is any responsibility on the part of the Town.
Mr. Maloney said the Town never had any trouble
with these connections.
Mrs. Morey asked about the Plumbing regulations
in this regard.
The Chairman explained that the Plumbing ByLaws
require the Town to connect from the street sewer to
a point ten feet from the inside of the foundation wall.
Mr. Maloney said that if the wall is solid ledge or
rock the Town usually punches the whole through.
Mr. Gayer said he understood that Mr. Burns en-
countered problems with ground water and his orders
to Mr. Wessinger were not to go in.
The Chairman explained that all the Town does
is to co-operate and make it as inexpensive as pos-
sible for everyone but he thought the Town should
guard against any liability on its part.
Mr. Maloney instructed Mr. Gayer to do what has been
done.
Mr. Gayer asked if he Meant not to put the con-
nection through and Mr. Maloney replied that if he
thought it was dangerous to say so.
The Chairman said that the Town shou]d co-operate
as far as possible with the home owners and the plumbers,
but if the situation arises wherein the Public Works
Department Reel the Town would be subject to some
liability, the owner should do the work or take the
responsibility by signing a release.
Mr. Maloney asked if Mr. Gayer ever had any trouble.
Mr. Gayer -explained the only one he has had any
trouble with is Mr. Page. He had said that the men
refused to put a hole through the foundation wall and
in checking, the men informed him that they had not
put any holes through the foundation for some years.
since Mr. Burns ordered them to discontinue the practice.
419
In one instance water came in the cellar and that was
the reason for his order.
_Mr. Tucker asked who, would be held responsible if
the Town punched the hole and cracked the foundation.
Mrs. Morey inquired about water services, and Mr.
Gayer explained that on new houses the hole area is
there. The Town puts the hole through because the
service goes to the inside.
Mr. Maloney said he thought it was a case of using
discretion.
The Chairman said that he was suprised that this was
the only complaint and therefore checked and was told
that this is the first connection Mr. Page has had to put
in in the last three years.
Mr. Reed said he thought whatever policy the Town has
been following should be continued.
Mr. Maloney said that Mr. Page should be treated just
the same as any other individual.
The Chairman read a letter from William Roger Town
Greeley advising that a planting plan for the Town Hall
Hall property has been worked out and he would be Planting
pleased to discuss it with the Board. plan
The Clerk was instructed to make an appointment
for Mr. Greeley to meet with the Beard and allow half
an hour.
Mr. Reed brought up the subject of hours in the
Engineering Department, with particular reference
to the survey party.
Mr. Gayer reported that they begin work at 9:00
A.M. He agreed to check into the matter and report
further to the Board next week.
Mr. Gayer retired at 9:55 P.M.
The Chairman read a letter from the Board of Fire
Commissioners requesting a transfer of *600 to cover
the cost of necessarywork on the ambulance.
Mr. Maloney referred to the number of pieces of Transfer &
apparatus responding to accident calls and the Board discussion
felt thatessibl the rescue truck would be sufficient re ambulan
P y
in many instances without having the ambulance sent out. ce
The Chairman was authorized to advise the Commis-
sioners that a transfer cannot be made immediately in-
asmuch as the appointments to the Appropriation Committee
have not been made. He was also authorized to ask the
Commissioners what instructions are given to the Fire
Department personnel relative to the number of pieces
11 of equipmen# responding to accident calls, with particular
reference to thb ambulance.
420
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VI
Copy of letter to the Board of Retirement was re-
Retirement ceived from the Board of Fire Commissioners advising
that Private+Franciv'J`,McCarrrn: has requested aet5i-
dental disability retirement.
The Chairman read a letter from the Lexington Lions
Lions Club Club requesting permission to use Parker Field on
July 4th July 4th. The Club is planning a children's day
with a parade, games and races, a road race and band
concert. The Board had no objection but wanted to
check with the Recreation Committee.
The Chairman read a letter from Patrick Mackino,
Complaint 452 Marrett Road registering a complaint about rub-
bish in the yard at 45!1. Marrett Road.
The Executive Health Officer had investigated and
determined that the condition of the property does
not constitute a health menace.
The Chairman was authorized to advise Mr. Mackino
that it appears the public health or public welfare
is not involved and therefore the situation is one
over which the Town has no jurisdiction.
Letter was received from Dorothy P. Rich advising
Resignation that it is no longer possible for her to continue to
serve as a member of the Dental Clinic.
Letter was received from the Planning Board
Appointment advising that said Board has appointed Fred D. Wells, 35 P
Recreation Prospett Hill Road, to serve as a member of the Recreation
Committee Committee for a term of two years.
A certified list of eligiibles for appointtpent
Civil as patrolmen- was received from the Division of Civil
Service Service.
Police The Chairman reported that Albert W. Koch has
List contacted him and stated that he was interested in
the appointme-it.
The Chairman agreed to request the Chief of Police
to find out whether or not Earl P. Aniar, top man
on the list is still living in Lexington.
The Chairman read a letter from the Newport Drive-
In Restaurant in regard to the situation encountered
relative to disturbance by a few teenagers.
Letter was received from Mr. Mario Pfaff, on behalf
Permit of the May Fair Committee of the First Parish Church,
requesting permission to use an amp]ifier outside the
building on May 11th from 10:'00 AM. until 4:30 P.M.
The Board had no objection, and permission was
granted.
421
Upon motion of Mr. Maloney, seconded by Mr. Tucker,
it was voted to grant the following licenses :
Village Variety Sunday Sales Renewal
Town Line Pharmacy " "
Woodhaven Country Store " "
Clarence E. MacPhee "
Chester Fillmore Peddler
Wm. E. Dunn 1st Class Agent New
Letter was received from John Blackhall Smith,
Superintendent of Schools requesting appointment of
ten additional Special Police Officers. The list
submitted, together with those previously appointed
includes all custodians and maintendnce men of the
School Department.
The meeting adjourned at 10:50 P.M.
A true record, Attest:
e tive/ Clem, Selectten
CL
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