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SELECTMEN'S MEETING
December 19, 1955
A regular meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building,
on Monday evening, December 19, 1955 at 7:30 P.M.
Chairman Bateman, Messrs. Gay, Reed, James and Maloney
were present. Mr. Gayer, Assistant Superintendent of
Public Works, and the Clerk were also present.
Letter was received from Alfred P. Tropeano ad-
Tax title vising that he has been authorized to offer *1400 for
property lots 27 through 30, Block 1, Reed Street. The pro-
spective purchaser desires to construct a second en-
trance to the Wolrath property which he is buying.
It was agreed to advise Mr. Tropeano that the
Board will not be viewing any tax title property un-
til after the first of the year.
Letter was received from the Recreation Committee
Recreation in re functions which the Committee feels should be
Committee under its jurisdiction, and upon which they want the
Town Meeting to act.
The Chairman suggested discussing the subject
with the Committee when it meets with the Board on
budgets.
Appointment Letter was received from Mr. James J. Carroll,
advising that the Moderator has appointed Ralph H.
Tucker to the Maple Street School Building Committee
to fill the vacancy caused by Edward Lerner, Jr. ' s
resignation.
Hearing was declared open upon application of
Gasoline Anthony P. Modoono for permission to maintain one
underground tank for the storage of 1,000 gallons of
gasoline at 192 Woburn Street.
Notice of the hearing was inserted in the Decem-
ber 8, 1955 issue of the Lexington Minute-Man and the
application was approved by B. J. Belcastro, Deputy
Chief of the Fire Department.
Mr. Modoono, the petitioner, Charles Laubinger,
279 Woburn Street and Mr. Perduyn, 280 Woburn Street,
were present at the hearing.
Mr. Modoono explained that the gasoline would be
used for his three trucks, three cars and tractor.
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Mr. Perduyn asked if he planned to add to the fleet
and Mr. Modoono replied that he would like the business
to grow if possible.
Mr. Gay asked the type of business and Mr. Modoono
replied that it is landscaping.
Mr. Perduyn asked if the property was zoned for
residential or business and the Chairman replied it is
a farm, the family has been there for many years, and are
one of the oldest families in Lexington.
Mr. Modoono said that his family has lived there
for thirty years.
The Chairman explained that under the Zoning By-
laws if a business was in existence at the time the laws
were established, it remains and the Board is not at
liberty to change it except in very, very extreme cases.
Mr. Gay inquired about the location of the tank
and Mr. Modoono stated that it will be in the rear about
400 or 500 feet away from the street.
Mr. Perduyn asked if the property was being oper-
ated as a farm or a landscaping business at the time the
Zoning By-law went into effect.
The Chairman replied that it was a farm.
Mr. Perduyn said that this then was a different use.
Mr. Maloney explained that anything to do with
raising, growing, cultivating any type of trees is farm-
ing and treated so by the experts.
Mr. Perduyn asked if Mr. Modoono operated out of
this location and he replied that he does landscaping on
other property.
Mr. Perduyn asked if that was different and Mr.
Maloney explained that it is not. He said it is a non-
conforming use in a residential area and it cannot be
changed until someone purchases the property or changes
the use. he said that it is not offensive and as far as
the tank is concerned, Mr. Perduyn could have one if he
had use for one. He stated that gasoline tanks are not
offensive or dangerous.
The Chairman said that all the abutters were noti-
fied of the hearing but none of them wished to make any
comment.
The hearing was declared closed at 8:140 P.M.
Upon motion of Mr. Gay, seconded by Mr. Maloney, it
was voted to grant a license to Anthony P. Modoono for
permission to maintain one underground tank for the storage
of 1,000 gallons of gasoline on the premises located at 192
Woburn Street.
The group retired and Mr. Burns met with the Board.
Hearing was declared open upon petition of the New Manhole and
England Telephone and Telegraph Company for permission to conduit
locate manholes and underground conduit on Bedford Street. location
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Mr. Consilvio, representing the petitioner, was
the only person present at the hearing.
The Chairman said that this is on State highway
and asked if permission had been obtained.
Mr. Burns explained that the petitioner obtains
permission from both the State and the Town.
Mr. Consilvio stated that this run of cable has
been taken up with the State but permission also must
be obtained from the Town. He explained that the loca-
tion is from Westview Street to the Bedford tine.
Upon motion of Mr. Gay, seconded by Mr. Reed, it
was voted to grant the petition and sign the order for
the following manhole and conduit locations:
Bedford Street (State Highway)
From the Lexington-Bedford Town Line
southeasterly, approximately 1313 feet
of underground conduit and two manholes.
From manhole 54/119, southeasterly and
easterly to Pine Knoll Road, approxi-
mately 40 feet of underground connedtion.
Mr. Consilvio retired at 8:45 P.M.
Lot 118 Mr. Mark Lurvey, Health Sanitarian, met With the
Cary Ave. Board re use of tax title lot 118 Cary Avenue in con-
nection with a system for severing a house now under
construction at 72 Cary Avenue. He presented a plan
of the lots involved.
The Chairman asked Ph en the sanitary sewer would
be constructed in the street and Mr. Burns replied
that it will be between five and six years. He said
that when the sewer is installed this arrangement will
just disappear.
The Chairman asked if the proposed solution would
take care of the lot for five or six years and Mr. Lurvey
replied that he has been advised it will.
Mr. Burns said he would not object to the use of
the tax title lot for this purpose but he definitely
would be opposed to selling the lot because sooner or
later there would be pressure to build on it.
Mr. Maloney suggested selling the lot with re-
strictions.
Mr. ,Burns said that if the lot is purchased the
owner will contact everyone and will not be satisfied
until he puts another house up.
The Chairman said that M . Burns' idea is for the
Board to grant permission for the use of the land for a
bed.
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Mr. Lurvey explained that half or three quarters
of the bed is on the other piece of land, but it is the
only way it could be made work.
Mr. Maloney recommended letting the builder use
it and stated that in a few years the lot will be worth
more money.
Mr. Burns said that he has no objection to using
the lot, but there should be an agreement whereby he
maintains it or keeps it in good operating order, sub-
ject to supervision of the Board of Health.
Mr. Lurvey explained that Mr. Lucas, the Engineer,
will follow it through.
Mr. Lurvey retired at 8:50 P.M.
Upon motion of Mr. Gay, seconded by Mr. Reed, it Chapter 90
was voted to sign a statement of expenditures under
Chapter 90 contract 16067 Maintenance and contract
15993 Hill Street.
Petition was received for acceptance of Whipple Street
Road and Mr. Burns explained that the road is already acceptance
constructed and acceptance is merely routine .
Petition was received for construction and ac- Street
ceptance of Utica Street. acceptance
The Chairman was authorized to advise Mr. Cronin,
the first signer of the petition, that it is too late to
include the project in the 1956 budget.
Mr. Burns reported that he and Mr. Gayer have an
appointment this evening with the Long Range Planning 1956
Committee and commented briefly on what he has pre- projects
pared to present. At the present time requests for
sewer construction under the Betterment Act amounts
to $146,000. If anything is done on Route 2 there are
one or two crossings that should be made - Watertown
Street and Pleasant Street - in order to take care of
Carrig' s development and also in the hollow at Concord
Avenue at Route 2. He said it would be money well spent
to put the pipes in and let them stay there for awhile.
A random figure of 1,000 feet is about $50,000.
He said that another item which should be done or
forgotten is the extension of Eldred Street. He said
that the sewer and tbreet should be done due to the
number of people moving in and this is a good year be-
cause Eldred Street is one that has been requested.
The sewer ruhs about $L8,000.
Mr. Burns reported that the requests for street
construction is about $151,000.
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Mr. Reed asked if pearl and Arcola Streets were
included and Mr. burns replied in the negative. He
said it was decided to leave them as they are, after
installation of sewer, and see whether or not the
people were satisfied.
Mr. Burns said that construction of Eldred
Street would be somewhere around $!{0,000.
Mr. Burns referred to water construction Waltham
Street from Marrett Road to Concord Avenue which is
about $65,000. Concord Avenue from Pleasant Street
to the present 12" main is another $65,000 and the
water main in Eldred Street is $16,000.
Mr. Reed said that last year there was $160,000
for the Waltham Street total which was cut out of the
budget and Mr. Burns explained that there were more
pieces included than that.
Mr. burns said that he has had a request for water
extension in Webb Street, also for Dunham and Young
Streets which he did not include. On Webb Street he
has 100% of the signatures. In these developments
he has supplied the hydrants, fittings and valves.
M6aking allowance for that he has rounded out a figure
of $30,000. Those two items total $38,800 and the
total of all is $507,900. He explained that in ad-
dition is the sewer main on Lowell Street to come
from the trunk line to take care of Haskell Street,
Crescent Hill and the other part of Lowell Street. He
does not have the figure but it will run into some
money.
Mr. James recalled some discussion about another
standpipe and Mr. Burns stated that he has that for
1957.
Mr. James said the reason he brought it up was
because of the discussion at the airport the other
night and with the new development they will expect
to get water through our line. He asked if Federal
help could be obtained and Mr. Burns replied that he
tried that and they put the standpipe on the base.
Mr. Burns said that the standpipe is not a
question of one large one at one spot but it would
be better to have one on Spring Street, one on Merriam
hill and one over on Waltham Street. If there is a
standpipe built on Spring Street the people will not
get any more water than they do now, but during the
summer high draft they will get by. When the M.D.C1
can't supply the Town and we had the storage we could
get by.
Mr. Stevens arrived at the meeting at 8:35 P.M.
Upon motion of Mr. Gay, seconded by Mr. James,
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it was voted to appoint Mr. Richard Gayer, Superinten-
dent of Public Works and Town Engineer for the Town of Appointment
Lexington, effective January 1, 1956 at a salary of
X8500.
Messrs. Burns and Gayer retired at 8:140 P.M.
Upon motion of Mr. Gay, seconded by Mr. Maloney,
it was voted to approve Town Counsel' s bill for pro-
fessional services in the amount of $3565.
Mr. Stevens retired at 8:45 P. M.
Mr. Carroll, Town Clerk and Treasurer, met with
the Board and discussed budgets until 8:55 P.M. at Town Clerk' s
which time he retired. budget
The Chairman read a letter from the County Com-
missioners requesting appointment of three of their Special
employees as Special Police for the parking areas and Police
grounds at the Middlesex County Sanatorium.
Pending satisfactory character references from
the Chief of Police, it was vOted to appoint the fol-
lowing individuals as Special Police for terms ex-
piring March 31, 1956: James E. May, Charles W.
Varney and William J. DiCicco.
Upon motion of Mr. Maloney, seconded by Mr. Gay,
it was voted to grant the following uses of halls: Use of halls
Sachem Council Boy Scouts Cary Reunion Dec. 29
Town Meeting Members Assn. Conf. Meeting Dec. 29
la-A Town Committee Cary Exhibit May 3, 1950
Chief John W. Rycroft met with the Board at 9:15
P.M. and an informal discussion was held on budgets
for 1956.
The subject of a Traffic Committee was considered Traffic
and it was suggested that such a committee should in- Committee
elude the Chief of Police, Consultant to the Planning
Board, Superintendent of Public Works, a member of the
Board of Selectmen and a member of the Chamber of Com-
merce.
Chief Rycroft retired at 9:55 P.M.
Chairman Fitzgerald, Messrs. Roeder and Sheldon,
Fire Commissioners, met with the Board and discussed
budgets until 10:45 P.M. at which time they retired.
Letter was received from Donald T. Clark, Chair-
280
man of the Appropriation Committee, in reply to the
Insurance Chairman' s letter of December 5th relative to Mr.
John McNeil' s insurance proposal.
The Clerk was instructed to place the letter
on the agenda for the next meeting.
Town Letter was received from the Town Celebrations
Celebrations Committee advising that Mrs. Dodge has resigned. At-
tached to the letter was a stationery bill in the
amount of $27 and a request for the use of the Select-
men' s Room every second and fourth Tuesday until April.
The appointment of Mrs. Dodge' s replacement was
held over until the next meeting and the Clerk was
authorized to arrange for the use of the Selectmen' s
Room some night other than a Tuesday as the Board of
Appeals hold meetings on that night; conference room
to be used if necessary.
It was agreed to meet on Thursday, December 29th
to discuss budgets.
The meeting adjourned at 11:05 P.M.
A true record, Attest:
ectm n.
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