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HomeMy WebLinkAbout1956-05-21-BOS-min 4 .3 SELECTMEN'S MEETING May 21, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, May 21, 1956 at 7:30 P.M. Chairman Reed, Messrs. James, Maloney, Tucker and Mrs. Morey were present. The Executive Clerk was also present. Mr. Stevens, Town Counsel, and Mr. Gayer, Super- intendent of Public Works, met with the Board. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to relocate a pole on Ledgelawn Avenue. Mr. Mahon, representing the Boston Edison Company and Mrs. Caroline Hodges, 39 Ledgelawn Avenue were Pole present at the hearing. location Mr. Mahon explained that it is planned to move the j/o pole twelve feet to a lot line to clear a driveway for Mr. Anderson. Mrs. Hodges said she would like to know how much it is going to be moved. The Chairman explained that the pole will be located on the lot line between her property and the Anderson property. Mrs. Hodges said she would have no objection if it was placed on the lot line. Upon motion of Mr. James, seconded by Mr. Tucker, it was voted to grant the petition and sign the Order for the following j/o pole location: Ledgelawn Avenue, southerly side approximately 285 feet west of Hamilton Road. One pole. (One existing j/o pole to be removed. ) Mrs. Hodges and Mr. Mahon retired at 7:37 P.M. Mr. Gayer reported that he has not heard directly from the State relative to the sidewalk program, but John Carroll was talking to ons of the men today. They doubt Sidewalks if .the sidewalk program that has been under discussion with the State will go through this year. He said he would check tomorrow and have something definite for the Board. 464 CD cL The Chairman emphasized the importance of the project in its relation to the schools and said that something would have to be done. He said the town program was started assuming that the State would go ahead with its plans. Mr. Stevens read proposed rules and regulations Dump governing the dump. regulations Mr. Gayer stated that if adopted as presented, he would have to request additional funds to man the dump. He said that he is thinking about putting the equipment operator down there with a piece of equipment and have him take charge of the dump, transferring Mr. Kelley to the Public Works Garage. The Chairman said that there are twelve hours on Saturdays and Sundays and asked if it would involve overtime. Mr. Gayer replied he thought, in fairness to the man, he should be paid time and a half. The Chairman asked if the same man would be given twelve hours on Sunday and Mr. Gayer replied that he would probably have to. The Chairman said if there are rules they should be enforced and the man will have to be paid, The Chairman asked if the regulations met with the Board's approval and if they were to .be put in effect. Mr. Tucker said he thought they should be put in effect and if necessary, make changes later on. Upon motion of Mr. Tucker, seconded by Mr. James, it was voted to rescind as of May 28, 1956 the rules and regulations heretofore adopted by the Board govern- ing the operation of the Town Dump situated on Lincoln Street in Lexington and to .adopt the following rules and regulations governing the operation of said dump: 1. The dump shall be open daily between the hours of 8:00 A.M. and 8:00 P.M. during the period of the year in which Eastern Daylight Saving Time is in effect in the Town and between the hours of 8:00 A.M, and 5:00 P.M. during the remainder of the year, and the placing or depositing of any material in or about the dump, except during the aforesaid hours, is prohibited. No person, unless expressly authorized by the Superintendent of Public Works, is permitted within the dump during the hours that it is closed. 2. The lighting of any fire in the dump or the placing of any combustible material on any fire that may be burning in the dump is expressly prohibited. 3. Material is to be placed or deposited in as- cordance with any d irections that may be given by the 465 .person in charge at the dump and no material is to be placed or deposited by any person in any portions of the dump that may be marked by signs indicating that dumping in those areas is not permitted. 4. No garbage, offal or offensive material shall be placed or deposited in or about the dump. 5. The dump is maintained for the deposit of ashes, cinders, papers, and other refuse and rubbish originating within the Town of Lexington, and the dumping or deposit- ing therein of any material originating outside of the Town of Lexington is prohibited. 6. Picking the dump or removing from the dump any Material that has been placed .or deposited thereit. is prohibited. 7. The penalty for violation of these rules and regulations is a fine not exceeding $20.00 for each offense. 8. These rules and regulations shall become effec- tive on May 28, 1956. The Chairman read a letter from Mrs. Kenneth J. Req. for McCarthy, 1$ Moreland Avenue, advising that the property street owners would like to have the street accepted. acceptance The request is to be considered when 1957 budgets are being prepared and in the meantime the Superintendent of Public Works will send Mrs. McCarthy estimates of cost with instructions to obtain signatures. Petition was received from LeRoy D. Haxton, 60 Cliff. Avenue and Ernest D. Smith, 68 Cliffe Avenue, Req. for requesting extension of sewer system to include their sewer properties. The communication was referred to Mr. Gayer. Letter was received from Arthur H. Patuto, 261. Marrett Road, requesting extension of sewer from the Req. .for corner of Kendall Road to service his house. sewer Mr. Gayer presented a sketch of the areaand ex- plained that the sewer in Marrett Road could be exten- ded but the main would have to be extended. The sewer in Kendall Road cannot be extended to include this property. He explained that the situation is serious as the cesspool does not function properly. He re- ported that the Coles, next door, will allow Mr. Patuto to run a sewer line over their property, which he does i __ obi o not like, but there is nothing else that can be done. 'II Mr. Patuto will either have to do that or move out of the house and then the problem would still exist for the next tenant. The distance involved is about 100 feet and Mr. Patuto will have to pay all cost. Mr. Stevens asked if a main would be extended and said that if the sewer is put in at some future time, betterments could not be charged for this par- ticul r property. The Board had no objection to the solution pre- sented by Mr. Gayer. Mr. Stevens said he would like to see the ease- ment but it is up to Mr. Patuto to initiate it. Further consideration was given to Mr. Robert Oakmount Merriamts letter to Mr. Tucker relative to flooding Circle conditions on Oakmount Circle. drainage The Chairman said this item could be considered when budgets are discussed. Mr. James said t hat the source of the water is the pond and the pond is private property and asked how the Board could become involved. The Chairman said he thought Mr. Merriam was re- ferring to drainage in the street. He pointed out that if the town does install drainage and the water does not go .into the drain„ the condition will be un- changed. He said he thought it should be a separate article and not included in the regular drainage budget. Mr. James said that if the water was not running out of the pond the drain would not be needed. He said he was trying to point out that this is a private project. Mr. Tucker said that Mr. Merriam may have had in mind raising the road so the water would run down Meriam Street. The Chairman said he thought this waa a subject to be discussed in October. C neordd, Ave. Letter was received from Thomas Sweeney, 324 Chap. 90 Concord Avenue, together with petition signed by project 120 residents, opposing the proposed widening of Concord Avenue. The Chairman reported that these people are upset about the widening, the takings for which ware made in 1945 at which time a hearing was held. He said that each year the Boards have felt that Chapter 90 was more valuable in some other location. He said it has been deferred three times since he came on the Board and now that funds are available no one in the 97) 467 area knows anything about it. He explained that all the surveying and preparations of specifications was done by the State. The County is making a survey and it is then referred to the State. Recommendations will not be ready until around the first of June. At that time the Town has the right to determine the width cf the street and usually the State goes along with .what the town recommends. He said he alao advised these people that the amount of money appropriated this year would not go any further than the old golf house from the Belmont line. Most of the people concerned are located further on. The Chairman stated that in talking to Mr. Adams, Chairman of the Planning Board, he referred to the thought of the State to continue Concord Avenue to Spring Street, Ilt is Mr. Adams' feeling that in the future further con- struction on Concord Avenue might be delayed until the State decides what it is going to do; Mr. dames said that the County will not make any recommendations until June first, and suggested that the Board hear what those are before discussing the subject with those people. The Chairman was authorized to advise Mr. Sweeney that the Board will discuss the matter with three or four representatives of the neighborhood after the County has made a report on the present survey Which will be some time after June let. .Mr. Gayer retired at 8:30 P.M. Sergeant Morris Woodward met with the Board. He said he had a copy of the vacation schedules as Police sent out and would like to leave one with each member of vacation the Board. He said they would notice there are six vaca- periods tion periods beginning June 3rd and the last vacation period begins September 16th. On each one of the vaca- tion periods there is one superior officer supposed to be eligible. He said he was not at the meeting to try t'o ridicule or embarrass anyone and would like to keep t impersonal. He said he was not arguing seniority. In becoming a Sergeant or Lieutenant, one not only assumes responsibility but can expect certain privilegea. Among these is the fact that they should be able to receive a vacation during the 'Vacation months, that is while schools are not in session. The first vacation period the child- ren are in school and the last period they are in school. e said he has two children, five and seven years of age. Re feels it .is his right and duty to leave with them the thought in mind that their father was willing to share his vacation. Under the system outlined he cannot do that. He said when it came his turn he could select either the first or the last and could not conscientiously '±ULPZ x C, do that. He stated that he went to the Chief with II his problem and asked if the men were obliged to follow this schedule and was told they were. He said he told theChief he had been in the service of the town for eighteen years and did not feel he should start again at the beginning with na Seldction of a good vacation period. The Chief said what else could he do. He said he started to tell him but he would not let him finish. He said he explained that he had two small children looking forward to sharing his vacation and the Chief told him that was his problem. He stated that it is the Chief's argument that he wants a senior officer on at all times. He said this is still a small department and it is impossible with- out exacting an injustice to the men available. Ser- . geant Woodward said there are two alternatives whereby the Chief could arrange the schedule and there would be superior officers on duty. One is the fact that there is Lieutenant Corr and Sergeant Russell working days. He and Lieutenant Smith work one night shift. .Sergeant Furdon and Sergeant Dooley are working the other night shift. If it were so wdrded that no two superior of- ficers working the same shift could take the same vacation period there would be one senior ranking of= ficer on duty. Sergeant Woodward said a second plan would be to have two of the night senior officers take the same vacation as the two day senior officers. During all these periods the schools would not be in session. He said he was not arguing the seniority; it was right there .whould be privileges. He said he would like to point out one inconsistency in the schedule. Last year it was deemed advisable to have two inspectors appointed to the Police Department. Patrolman Barry and Lieutenant Corr were made inspectors. As a result of this schedule, both inspectors are going con vaca- tion the same time. He said that certainly does not argue well for the efficiency of the schedule. He stated that the schedule was copied the day it was taken from the blackboard. The Chairman .said he assumed the officers have a choice. He asked if Sergeant Dooley had more time than he did for years of service and Sergeant Woodward re- plied in the negative. The Chairman asked how the men •went by and Sergeant Woodward replied length of service. The Chairman asked if the officers didntt and Ser- geant Woodward said that was over his head. The Chairman said that the men go according to the time of years but the officers go by tenure of office and Sergeant Woodward said that was correct. The Chairman said it seemed to him it should be all one way. He asked if this was a new set-up from last year. 469 Sergeant Woodward replied that there was no con- flict last year because there were not so many men. The Chairman said that the conflict then was be- ginning because of the number of officers and Sergeant Woodward said that has a bearing on it. 'He said between June 3rd and June 16th, the next period does not start until June 24th. There is a lapse of one week. Mr. James asked if there were any reason and Ser- geant Woodward replied that he was never told but some- times days off may work in so a man whose vacation ends June 16th might end just the day before he starts a vaca- tion. He said there might be someone in the second bracket who starts his vacation the fourth day. That would account for six days in that week. Some of the men do lapse over. Sergeant Woodward said he disliked coming to the Board. It is embarrassing t o him to complain but hhe just could not let this go because if it seta a precedent, it will continue indefinitely. He said he feels hurt about it and fellows after him feel hurt. It is no re- ward for becoming a Sergeant. The Chairman said that there must be some men who have been on less time receiving a better vacation period and asked if he were correct. Sergeant Woodward replied in the affirmative. The Chairman said it appears that in becoming an officer the men lose their choice of vacation,the tegular 'patrolmen have a choice by seniority. Sergeant Woodward said he has been on the depart- ment fifteen years and now has three weeks. He said in one of those three weeks he would like a vacation in what hp calls a vacation period. He said it is up to the new Sefrgeants to command the respect of their men. Mr. James asked if the other officers joined Ser- ge}ant Woodward in his feeling on the matter. Sergeant Woodward replied that naturally he would 8ay yes. The Chairman said it looks to him as if some were being favored by getting seventeen days instead of four- teen. Sergeant Woodward said that is the way the cards fall. It all depends on the period you like and if your day off falls correctly. The Chairman said it would not benefit the majority but a few and Sergeant Woodward said that was correct. Mr. Maloney asked if vacations started earlier and ended later other years. Sergeant Woodward replied that last year they started June 10th or 11th and ended about September 17th oil 15th. 111 The Chairman explained that someone has to go early and someone has to go late but it is usually the new man. He said the Board would discuss the subject further this 1() 0.1 evening and try to determine what can be done. Sergeant Woodward retired at 8:55 P.M. At 9:00 P.M. William Fitzgerald, Fire Commis- sioner, Roy A. Cook, Chief B gineer, Raymond Hodgdon and George Tekirns of the Fire Department met with the Board. Capt. Fisk The Chairman explained, in reference to Mrs. Fisk's application for a pension, that the Board of Selectmen must also make a separate investigation into the death of Captain Fisk in order to determine whether or not a pension is in order. He asked Chief Cook to start at the beginning when the alarm was In and proceed to relate all the details. Chief Cook stated that he could not give the exact time but it was some time after twelve o' clock as he was home for lunch when a call came in on a fire between Woburn Street, Laconia Street and Leonard Road. It was about 12:l0 when he was called and he went right to the scene of the fire. He said he thought Pekins was driv- ing the piece of equipment Captain Fisk was on and Mr. Hodgdon was on the other. They were up in the woods and he pulled in the back lane off Laconia Street. The fire was going the other way so he pulled to the other side and the boys were all working. He said he heard Pekins call for car 36 which is his oar. He want right down and Captain Fisk was laying in front of the truck. He was laying infYont of the truck and that is where Pekins found him. He was awake and Chief Cook asked him if he could get up and he said he could. Chief Cook said he asked him if he could walk to his car. The Chairman asked how 'far that was and Chief Cook replied that it was about 200 feet. He said that Cap- tain Fisk walked down to the car. He said they sat there for two or three minutes and he asked him how he felt. He said he felt fairly good. Chief Cook asked if he wanted to be taken to a doctor or home. He said Captain Fisk wanted to go home so he drove him there and talked with him for a few minutes in front of his house. He said he asked Captain Fisk if he could get in to the house and he said he could. Chief Cook told him to call a doctor and he said he would. Chief Cook said he Went back to the fire house and told the man he did not think Howard was feeling too good. He said they received a call for the ambulance and then a call for oxygen. They called one doctor, Dr. Wells, and started down to the house again. On the way down he received a radio message to call which he did and was told that Captain Fisk had passed away. The Chairman asked if Mr. Pekins could add any- thing to the report, prior to the time Chief Cook ar- rived on the scene. 471 Mr. Pekins said he was on the Laconia Street side and the other engine was by Gus Young's house. He drove the truck up the fields and nosed it into the woods. Captain Fisk,,took the line on the right and went up to the woods. He pulled four lengths of 200 feet. He said after he gave Captain Fisk all the hose he took the other line and went down the field. He said he put the fire out as far as his line would reach, came back and went up to Captain Fisk and killed the end with pumps and brooms whe a the hose would not reach. By that time they were with the other crew, Hodgdon and Marshall. They knocked the fire all down and then a little piece backed up and Captain Fisk went over with the pump can to get it. He said they know he put it out; they watched him. He was working down towards the truck but for a couple of minutes they missed him. He said Captain Fisk did not show up so he went over to help him. He said he found him over towards the truck, over a stone wall and he was between the stone wall and the truck. He said he asked him what happened and Captain Fisk replied that he was putting a stump out and he blacked out. Mr. Pekins said he did not know how he got over the stone wall. He said he told Captain Fisk to stay there and he called the Chief who came down. Mr. Pekins said Captain Fisk got up and when he sug- gested getting some fellows to walk him out he said no he had been sick to his stomach and felt much better. He said Chief Cook went with him and that was the last he saw. Mr. Hodgdon said there was nothing he could add. George Marshall took one line and he took the rear. The next thing he. knew about it was when George said they took Captain Fisk away. He said he did not see him at all. Mr. Stevens asked if Commissioner Fitzgerald had anything he could add and he replied in the negative. Mr. Stevens inquired as to the cause of death and Chief Cook said the coroner said it was coronary heart caused by overexertion. He said the coroner was Dr. Wilcox and there had been an autopsy but no report in writing. Commissioner Fitzgerald said that there is a letter going to Mr. Carroll and that the certificate had been filed with him. Mr. Stevens asked if they had any written report as' to the cause of death and Commissioner Fitzgerald replied that there is just the reports from Chief Cook, Pekins and Hodgdon. Mr. Stevens asked if he had seen the death certificate and Commissioner Fitzgerald replied in the negative. He said Mr. Douglass, the undertaker, said it had to be filed with Mr. Carroll. 412 CL Mr. Stevens asked if Dr. Wilcox said it was heart and Chief Cook replied in the affirmative. He said he called him from DoglassT Funeral parlor. Mr. Stevens asked if Dr. Wilcox arrived before Captain Fisk died and Chief Cook replied in the nega- tive. He said he understood from the boys that Captain Fisk went into the house and went upstairs, took some of off, his clothes asked for a drink of milk and laid down Ili on the divan for a couple of minutes, gave one gasp and passed away. Mr. Stevens asked if Captain Fisk complained of any pain at the fire. Chief Cook said he complained of a pain in his left arm, that he could not raise it. Mr. James asked if he complained of any pain in his chest. Mr. Hodgdon said Captain Fisk said he blacked out, was sick to his stomach and then felt better. Mr. James asked if Chief Cook took him right to his front door and he replied in the affirmative. He said theysat there for a few minutes, he asked if he wanted any help and he said that he was all right. The Chairman asked if Chief Cook had any indication that he was in as serious condition as he was. and Chief Cook replied in the negative and said he did not want any help. The group retired at 9:10 P.M. The Clerk brought in the stub #30 of the burin per- mit issued on April 27, 1956 with the cause of death as written by Dr. John M. Wilcox which was heart disease probably coronary occlusion, sudden death. Mr. Stevens explained that .the Board should first determine that Captain Howard D. Fisk died as a. natural and proximate result of undergoing a hazard peculiar to hid employment while acting in the performance ,and with- in the scope of his duty. He said that the Board then should designate two doctors and a third doctor is to be designated by the Commissioner of the Department of Public Health. He stated that the members of the medical panel are to be designated within thirty days after date oft he request for pension and their report must be filed within sixty days, He explained that when the certificate comes back the Board is required to determine the amount of annuity which isto be based on the need of the widow so he thought the Board should invite her in at that time and get a record of the children, if minors, what she has, what estate he left, etc. He said the pension does not have to be made retroactive but it can be. The Board was unanimous in determining that Captain Howard D. Fisk died as a natural and proximate result of undergoing a hazard peculiar to his employment while acting in the performance and within the scope of his duty. 473 The Chairman was authorized to find out the name of his family physician to be designated as a member of the medical panel. If available, Dr. Ralph H. Wells is to be asked to serve as the second member of the panel. Mr. Stevens referred to lots 42 and 43 Hillcrest Street and reported that he had written to the Building Zoning Inspector stating that in his opinion the building per- mit was improperly issued under the Zoning By-law and should be revoked. Mr. Stevens retired at 9:55 P.M. Notice was received from the Town of Burlington re hearing to be held May 28th at 8:00 P.M. upon application of Thomas Quinn Company to keep and store 2,000 gallons Gas hearing of gasoline and 2,000 gallons of Diesel fuel oil in un- Burlington derground tanks on Adams Street, Burlington. The Chairman read a letter from Mr. R. H. Gutteridge, 2 Watertown Street, complaining about a dog owned by Mr. Arthur Brooks, 4 Watertown Street. Report of investigation made was received from Frank Mow t, the Dog Officer. The �hairman was authorized to advise Mr. Gutteridge that an investigation was made by the Dog Officer and it was learned that Mr. Brooks does make an effort to keep his dog restrained and as a result of the interview with Mr. Brooks no further difficulty should be encountered. Letter was received from received from The Woodhaven Block Association advising that the proposed block dance dance scheduled for June 9th will be held in the area of #36 and #41 Normandy Road. The Chairman read a letter from Mr. Carroll advis- ing that William R . Rosenberger has resigned as a mem- Resignation ber of the Cary Memorial Library Addition Building Committee, effective immediately. Letter was received from the Chief of Police re Special appointment of additional Special Police Officers. Police Upon motion of Mrs. Morey, seconded by Mr. TuekerW, Officers it was voted to appoint the following Special Police Officers for terms expiring March 31, 1957: Edward Brevis 26 Preston Road Civil Defense z174 x C1. Robert Prescott ' 6 Forest Street Civil Defense Samuel E. Gazan 112 Bertwell Road m " Augustine D. Murphy 91 Ferry Street Lincoln Laboratory Lawrence (Wood Street gate Form letter was received from Bert A. Roens, Mental Assistant Superintendent, Arlington Public Schools, in Health reference to the organization of a Mental Health Aesoci- Association ation in the Bedford, Concord, Lexington, Woburn and Arlington area. Mrs. Morey mentioned the Counselling Service in Lexington and said it might be well to obtain the at- titude of the School Department on this. The Clerk was instructed to place the subject on the agenda for next week's meeting. Notice was received from the D.P.U. re hearing to be held on petition of the Middlesex & Boston Street Railway Co. for certificate to operate motor vehicles hearing in the Town of Lexington in both directions on Route 128 between Bedford Street and the Lexington-Waltham line including ramps at exits 36 and 37, at Bedford Streets exits 38 and 39, at Marrett Road exits 40 and 41 at Concord Turnpike. It was agreed that some publicity should be given the subject in the local paper. Use of Upon motion of Mrs. Morey, seconded by Mr. Tucker, hall it was voted to grant permission to the Sun Valley Garden Club to use Estabrook Hall on May 23rd from 8:00 P.M. until 11:00 P.M. for a meeting. License Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to sign •a Sunday Movie License for the Lexington Theatre. Letter was received from Senator Richard I. Furbush Boys? requesting support of a petition to the Senate Sub-Com- Town mittee on Juvenile Delinquency in behalf of Boys' Town of Mass. The site under consideration is the former Naval Air Station at Squantum. The Board was more or less in favor of the project but Mr. Tucker was opposed to the proposed location. Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to reappoint Mr. R. L. McQuillan a member Appointments of the Board of Health for a three-year term expiring 4he4 June 1, 1959 and to re-appoint Roy A. Cook as Forest War- den for a term expiring June 1, 1959. Appointment of a member to serve on the Board of Appeals was held over until the next meeting of the Board at which time each member will submit two names Appointments as candidates. The Chairman suggested Carl F. Lanquist and Paul Hannah. Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to sign an order for the construction of Sewer Orders a sewer in Fletcher Avenue from Hayes Lane southwesterly approximately 565 feet, and to construct a sewer in Henderson Road from Burlington Street southwesterly approximately 585 feet to Blake Road. Upon motion of Mr. James, seconded by Mr. Maloney, it was voted to sign an order for the construction of Sidewalk an asphaltic concrete sidewalk on the southwesterly Order side of Massachusetts Avenue from Bowker Street south- easterly 71.24 feet. Mrs. Morey gave a brief report of progress re the School Sites Committee. Mrs. Morey presented draft for the purpose of discussion of an article for the warrant to add a Recreation by-law to govern playground and recreation centers, together with an anaaysis of governing statute. It was agreed t o have suffieient copies mimeo- graphed to send to the members of the Board, Rec- reation Committee and the School Committee. The meeting adjourned at 11:00 P.M. A true record, Attest: "2"),/ i -E ecafive/ erk, Select