HomeMy WebLinkAbout1950-06-19-min 11/
SELECTMEN'S MEETING
June 19, 1950
A regular meeting of the Board of Selectmen
was held in the Selectmen's Room, Town Office Build-
ing, on Monday evening, June 19, 1950, at 7:00 P. M.
Chairman Emery, Messrs. Gay, Nickerson, Driscoll and
Hoyt were present. The Clerk was also present.
Mr. DeFoe, Suplt. of Public Works met with the
Board. He reported that, as directed by the Board, Inspection
he had conferred with Mr. Walker, Town Accountant, Charges
relative to inspection charges for developments. Mr.
Walker believes that a transfer should be made from the
Reserve Fund for engineering, not only for road con-
struction inspection, but also the water and drainage.
He suggested that Mr. DeFoe meet with the Appropriation
Committee this evening which he agreed to do.
Mr. DeFoe informed the Board that Mr. Howard Custance
advised him that he does not want any of the material Barnes
from the proposed alterations at the Barnes property. Property
(Further consideration was given to this subject later
in the evening. )
Mr. DeFoe again submitted a sketch of Reed Street,
showing a triangular piece of land, in the middle of
the street, with relation to Mr. Jellis' request of
June 2nd for the extension of water to service a house
which he intends to erect on Lots 5, 6 and 7, Block 91, Jellis
Reed Street. request
He explained that insofar as he has been able to for water
determine no one owns this parcel of land. The Assessors
have no record of ownership on their books and the
registered plan does not show any owner.
The Chairman stated that before the Town makes
entry for a water main, the legal background of the
triangle should be cleared. He explained the situation to
the Town Counsel when he arrive at the meeting and Mr.
Stevens agreed to look into the matter.
Mr. DeFoe reported further on Mr. McConchie's request
to take an extension from the water pipe now installed on
the sidewalk line of the Selfridge property to service a
house which he intends to build on land at 152 Adams Street.
Mr. McConchie wants permission to have a meter installed
for a single family house, installation to be at his ex-
pense and under the supervision of the Town.
Mr. DeFoe informed the Board that Mr. McConchie will
obtain an easement from Mr. Selfridge and he is also will-
ing to pay a fifty foot frontage water assessment for the
1 water main in Adams Street.
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ly 111
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The Board agreed to grant the request subject to
the details being worked out by Town Counsel.
Mr. DeFoe reported that he had conferred with Mr.
Garrity, Supt. of Parks, relative to the possibility
of cleaning the brush between the Reservoir and Marrett
Brush at Road.
Reservoir Mr. Garrity advised him that, due to the volume of
work on hand, he will not be able to do anything in this
area until some time in October. He felt that he could
clean the undergrowth at a cost of approximately 40250.
Mr. Burns arrived at the meeting at 7:30 P. M.
Mr. DeFoe presented a plan showing the existing
drainage on Waltham Street. He explained that the
Drainage drainage necessary to take care of the complaint, dated
Waltham April 17th, and submitted by residents in the Concord
Street Avenue--Waltham Street area, will involve an expenditure
of about $8,500 for drainage only and has nothing to do
with mosquito control.
Messrs. DeFoe and Burns retired at 7:35 P. M. to
meet with the Appropriation Committee to discuss funds
for engineering supervision on new developments.
Mr. Stevens, Town Counsel, met with the Board.
Instrument was received, signed by Alexander
Palladino and Mary Palladino, with quitclaim covenant-
ing a certain parcel of land shown as lot 3B on a
plan entitled "Plan showing Subdivision of Lots 1,
2, 3 and 7 Massachusetts Avenue, Terrace Development
Palladino and Proposed Drain Easement, Lexington, Mass. , Scale
1 in. = 40 ft. Oct. 4, 1949, William M. Burns, Town
Engineer". The granted premises are conveyed subject
to and with the benefit of restrictions of record
so far as now in force and applicable and subject
to an easement ten feet in width extending across the
same as shown on said plan.
Mr. Stevens took the original document and left
,a copy for the Selectmen's files.
He also presented for the Board 's signatures a
deed conveying Lots 1A, 2A and 7A shown on a plan
entitled "Plan Showing Subdivision of Lots 1, 2, 3
and 7 Massachusetts Avenue Terrace Development and Proposed
Drain Easement Lexington, Mass. Scale 1 in. = 40 ft. Oct. 4,
4.949, William M. Burns, Town Engineer".
Upon motion of Mr. Hoyt, seconded by Mr. Driscoll,
it was voted to sign the deed conveying the above
lots to Mary Palladino.
111
Mr. Stevens submitted a deed, prepared by him, con-
veying lots 189 through 198, inclusive, Cliffe Avenue, to
William and Elizabeth T. Curley, 68 Cliffe Avenue.
II
113
Upon motion of Mr. Gay, seconded by Mr. Driscoll, Tax
it was voted to sign the deed conveying lots 189(.0198 Title
inclusive, Cliffe Avenue to William and Elizabeth T. Property
Curley.
- The Chairman reported that Mrs. Rose Scurto and
her husband had conferred with him relative to the Court
decision ordering the removal of their building on Zoar Scurto
Avenue by June 1st. Case
He explained that the Scurtos would like more time
and he was under the impression that they are trying to
do what is right. It was agreed that the Town Counsel
should confer with the Clerk of the Court on this case.
Mr. Stevens reported that Lots 17 and 19, Valley
Road, which are on the Town records in the name of
Joseph Massucco, have been taken by the Commonwealth
in connection with the relocation of Route 128. The
Attorney General's office regard Mr. Massucco 's title Legal Issue
defective because of an apparent tax title to these lots re tax title
in the Town. lots
The lots were apparently taken for nonpayment of
taxes, but were sold by the Town; Lot 17 being sold in
1922 and Lot 19 in 1998. The Assessors report them to
have been assessed to Massucco and his prodecessors in
title for these many years and recommend that the title
be clarified by a release by thd:..Town of any interest it
might have to these lots.
Upon motion of Mr. Gay, seconded by Mr. Nickerson,
it was voted to authorize the Town Counsel to prepare
whatever instruments are necessary to clarify the title
of the two lots.
The Chairman mentioned Mr. Iovino 's request for a
water extension to eneble him to water his garden located
on Winter Street, and said that he would discuss this
further with Mr. DeFoe.
At 8:00 P. M. hearing was declared open upon the
application of Peter Salvucci for permission to stare
2,000# of dynamite on Route 128, near Robinson Road,
on State property.
Mr. Salvucci, Mr. Shea, Chief Engineer Cook and
sevetn other persons were present:.
Notice of the hearing was read by the Chairman and
the application approved by Chief Engineer Cook.
Mr. A. W. (CIl:eveland;, Robinson Road, said that he would like
to know how the dynamite is stored.
Mr. Shea informed the group that he is in businessfbr
himself but was present this evening to help Mr. Salvucci.
He explained that the explosives would be used in the con-
struction of Route 128 and they have had difficulty in
transporting the material through the Town three or four
times a day.
114
He explained that he has discussed this with the State
Fire Marshall and also Chief Engineer Cook. Both agree
that it would be safer to store the material on State
property. He explained that the magazine is approved
by the State and the State Legislature has published laws
on this particular material. He stated that the magazine
is locked and under guard. It is not, however, guarded
twenty-four hours a day and the State does not require it.
They do require that it be guarded during working hoixrs
and it be properly marked. He also explained that they
only want the permit temporarily for conveience while
doing the job, and there is no desire to maintain the
magazine for any definite period of time. He stated
Salvucci that the magazine will be in the bank on three sides
Hearing on and there will be only one open side; it can't catch
Storage of on fire and is amply protected.
Dynamite Mr. Gay inquired as to how close the nearest house
is located and Mr. Shea replied that the nearest house
is 2,000 feet away and that it is not occupied.
Mr. Gay inquired as to the extent of damage that
might be caused to this house if the magazine exploded.
Mr. Shea said that he doubted if it would cause any
damage and explained that the amount stored is governed
by the Rules and Regulation of the Department of Public;
Safety. One can only store what the State's table of
distance applies to. If the magazine has an embankment
the distance can be cut down.
Mr. Hoyt asked how long it would be necessary to
store the dynamite and Mr. Salvucci replied that at the
most it would be for a period of two months.
Mr. Stevens asked if the State Inspector said how
much dynamite could be-stored and Mr. Shea replied that
it is determined by the State 's table of distance. He
said that he could square it off the plans and it is an
engineering plan.
Mr. Stevens asked what the minimum for storage would
be and Mr. Shea replied that he thought about 3000#. He
asked Chief Engineer Cook for his comments.
Chief Cook said that everything has been done accord-
ing to State laws and that the State Fire Marshall came
out, inspected and approved the magazine. He stated that.
according to the location of the magazine Mr. Salvucci is ,
entitled to store 3,000# and he personally believes that
the magazine is located in the proper place for all con-
cerned.
Mr. Shea explained that they take all possible pre-
cautions in looking it up and Mr. Salvucci stated that
the Police patrol the area at his request.
The Chairman asked if anyone present wished to be
recorded in opposition and no one made any reply.
The hearing was declared closed at 8:25 P. M. and
the group retired.
115
Mr. Nickerson said that, in the absence of opposition,
be could see no reason for not granting the permit.
Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it
was voted to grant the application of Peter Salvucci for
permission to store 2,000# of dynamite on Route 128•, near
Robinson Road, on State property.
Hearing was declared open upon the application
of Robert E. and Ann P. Field, d. b. a. Pine Hill Gasoline
Turkey Farm for permission to store 300 gallons of Hearing
gasoline in an underground tank at 2938 Massachusetts
Avenue.
The application was approved by Chief Engineer Cook
and notice of the hearing read by the Chairman. The
petitioners were the only persons present at the
hearing.
Upon motion of Mr. Gay, seconded by Mr. Nickerse n,
it was voted to grant the application.
Mr. and Mrs . Field retired at 8:20 P. M.
Mr. and Mrs. Newell Dearborn, 945 Waltham Street,
Mr. George Forten, 382 Concord Avenue, Mr. Herbert
Abbott, 922 Waltham Street, Mr. Carlton Bennett,
Treasurer of the Abbott Spray and Farm Equipment Com-
' pany, and one other individual met with the Board relative to
petition submitted by them and others, requesting relief
from surface drainage and mosquitoes.
Mr. Forten said that the problem seems to be
the fact that the front of Mr. Abbott's building
at 922 Waltham Street is being flooded by surface Drainage
water which comes from the hill at the rear of his Waltham
building and down Concord Avenue. He explained that Street
there is no way for this water to drain off the street
except onto his property whichtis on the west side
of Waltham Street; the property behind the corner.
He explained that there is a culvert under Waltham
Street, but as hear as he is able to figure it out,
it does not seem to be low enough to take the water
from Mr. Abbott's side of the street to his side. He said
that it does cuase a mosquito problem which, however, has
not been too bad this year because of the spraying.
The Chairman explained that the Selectmen have had
the Supt. of Public Works and the Town Engineer look
into this and the drainage alone will cost approximately
$8,500. He said that this petition is the first the
Board has heard about the conditions and accordingly
it is not one of the projects in the long list of pro-
Jests Which-were figured for the annual budgets. He
said that he did not know where the money would come
from. He explained that it has not yet been determined
whether or not there is a drain which can be fixed tem-
porarily, but insofar as any large project is concerned,
there are just no funds available.
116
Mr. Carlton .Bennett said that part of the problem
is water in the street which collects from three to six
inches deep. Mr. DeFBe arrived at the meeting at 8:35
P. M.
Mr. Abbott said that the water comes down Concord
Avenue and flows into the corner towards Waltham Street.
His property is in a hollow and the water has no place
to go and as a result it drains off onto his property.
What can go through the culvert goes through, but what
can't go through stays in the street. He said that he
thought some relief could be effected if the depression
in the street were corrected.
The Chairman asked the group to give the Board
another week to investigate the subject and agreed to
advise them of any decision which may be made.
The group agreed and Mr. Porten told the Board that
he would have no objection to an open ditch on his land.
The group retired at 8;45 P. M.
Mr. Emond, representative for Mr. Innis, met with
the Board relative to the lots on Ellison Road.
Mr. DeFoe reviewed the situation and presented a
sketch of the lots in question and explained that Mr.
Emond now wants permission to build on Lot 30 at the
corner of Leroy Road and Ellison Road .
Emond re: Mr. Stevens said that he could not see why Mr. Emond
water instal- could not proceed to extend the water to service the lots
dation upon which he is going to build.
Mr. Emond left the meeting at the Board's request.
Mr. Stevens said that Mr. Emond should install the
drain as Mr. DeFoe recommends and he should also be told
that the Town Counsel will prepare an agreement.
Mr. Emond returned to the meeting and the Chairman
told him that the Board is disposed, as a general policy,
to try and work out something that will be satisf aotery.
He suggested that Mr. Emond make an appointment with Mr.
DeFoe, arrive at some understading and then the Town
Counsel will prepare whatever agreement may be deemed
necessary. He explained that the Board is desirous of
working out something that will be practical from the
Town's point of view and also legally correct.
Mr. Emond agreed and retired with Mr. DeFoe.
The following members of the Recreation Committee
met with the Board: Chairman Foley, Messrs . Person and
Potter. Mr. Garrity was also present.
Doctor Foley said that they have had trouble with
the toilet facilities on the Center Playground and that
there are three possible solutions to put in a solid foundation
with no chance of the building settling.
One solution would be, after taking borings, to sink
wooden p4es to a depth of about 20 feet under the foundation
and then a poured concrete foundation reinforced on top of
that. Rich Bros. estimate the cost of this to be $4,192.
117
Another method would be a concrete wall construction.
This consists of added concrete footings and reinforced
concrete wall in lieu of the original plans. Two
feet of gravel will also be put beneath the slab.
This method will cost an additional $2,380.
The third solution is to move the building about
forty feet in towards the tennis courts . This would
be a new location and for the entire building, in-
cluding backfilling, of the original location, excavating
the new location, adding sewer pipe and about forty feet of
trenching the extra cost would be about $1,075. Doctor
Foley explained that this is based on what the soil
analysis expert recommended and the borings that have
been taken. He said that in the forty foot change, Toilet
there is an almost complete change of soil strata. Bldg.
The Chairman asked if the borings were completed Center
and Doctor Foley said that three } ad been taken and Play-
he did not know if there would be more. ground
The Chairman asked if the architects were satis-
fied with the new location and Doctor Foley read a
letter received from them. He said that he has not
received g final report from the soil analysist but
he would judge that they are satisfied that the new
location is much firmer soil.
Mr. Person explained that $150 has been spent
for borings and approximately x$30 for soil analysis.
The Chairman asked if the amount needed would
be $1,500 and Doctor Foley agreed.
The Chairman explained that the Recreation Com-
mittee would have to request the Appropriation Com-
mittee to make a transfer from the Reserve Fund.
Mr. Stevens advised the Recreation Committee
to request the transfer on the assumption that it
can be done.
The group, with the exception of Mr. Garrity,
retired at 9:30 P. M.
Mr. Garrity suggested that some agreement be made
with Mr. May of the Lexington Nurseries whereby Mr. iday
could use the parcel of land in front of the Munroe Land at
Station for plants, without advertising. Munroe
The Chairman asked if this would be in lieu of Station
the Park Department maintaining the area and Mr.
Garrity replied in the affirmative.
The Chairman agreed to obtain a copy of the
vote whereby the Town acquired this land and to re-
quest the Town Counsel for an opinion. He further
agreed to contact the donors.
Mr. Garrity retired at 9:35 P. M.
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c
Mr. W. S. Couette met with the Board, and explained
Rezoning that his purpose in being present this evening is in
Russell connection with the matter of rezoning the Russell House
Property property. He said that by putting this property in
Special a Zone 1 it would accommodate the proper development
Town Meet- of Garden Apartments sand a twenty room hotel with
ing restaurant with provision for parking.
He explained that time is important, The
Planning Board had hoped to be able to complete
the Zoning By-laws by this time and could they have
been completed this matter would have followed along
in its course. He said that the Town Counsel has
advised the Planning Board that it would be im-
possible to act on the Zoning By-law in its entirety
until Fall.
Mr. Couette said that Warren Russell, whose
property has been in one ownership for a considerable
number of years is forced to do something about
the property. Hie has been operating under permission
of the Board of Appeals. In order for proper capital
to become interested in the property they would
hesitate to be subject to ideas of some future Board
of Appeals. He said that, furthermore, he has made
studies with very good operators to exhaust every
possibility of the use of the present building for
hotel and restaurant purposes and in every case was
given the advice that it is not practical.
He said that 75% of the inquiries received came
from people who were interested in maintaining a
convalescent home and that he, personally, does not
think this would be the proper development of the
property.
Mr. Couette said that there has been, for a
long time, a need for a proper hotel in this town
of modern character and also a very definite need for
apartments that would not impose too much of a
burden on the Town. Therefore, he has an agreement
to purchase, on which a deposit has been made,
providing a change in zoning is allowed.
The Chairman asked if there was a deadline and
Mr. Couette replied that he had until July 15th. He
explained that it will be impossible for Mr. Russell
to carry through until Fall, and he wanted to point
out to the Board the need for a Speci&l Town Meeting.
He would like to have the meeting called for some
time in July, after the Planning Board hearing on the
10th. He said that it becomes a question of the
Selectmen to give consideration as to whether they
would call a Town Meeting or whether they would require
the petitioner to circulate a petition and secure
signatures, He said that if the Selectmen think this
is of enough importance to the Town to call a Special
Meeting he would appreciate it. Otherwise, he will have
lig
to obtain the signatures requesting the meeting.
The Chairman said that, granting this is just
as important as Mr. Couette says, there would be other
people in the future who might have projects that
they considered very important and he questioned
the wisdom of the Selectmen calling the meeting.
He said that he would prefer not to have the Board
start such a thing.
Mr. Couette said that he appreciated the Board's
position and that the signatures could be provided
if the Board so elected.
The Chairman said that the Board would discuss
the subject and give Mr. Couette an answer in a day
or two.
Mr. Couette retired at 10:00 P. M.
The Chairman asked how the Board felt on the
subject.
Mr. Nickerson said that if the Board calls the
meeting it would be quite definite that it is in
favor of the project.
Mr. Hoyt said that this is so important that
he believes the Board should call the meeting, but
by calling the meeting he did not think that the
Board would be endorsing the project.
Mr. Gay said that he would be willing to endorse
it but he questioned whether or not the Board would
be crisicized later on the background of it. He
said that he like it very much.
Mr. Hoyt said that a Board could always be
criticized and he thought this was vitally important
to the Town. He said that this is a situation which he
thought the Board should encourage and promote.
Mr. Gay agreed.
Mr. Driscoll said that there is no question but
that the Town needs this and he would vote for it.
The Chairman asked if Mr. Driscoll, as an
individual, was in favor of the Board calling the
meeting, and Mr. Driscoll replied that as a member
of the Board he would vote for it.
The Chairman asked if he meant he would vote
for it on the Town Hall floor or to call a Town
Meeting. He said that he has thought :the Town
would lose an opportunity if Mr. Russell has to
dispose of the property.
Mr. Gay asked if it would look better to obtain the
signatures and Mr. Hoyt said that he has no objection
to securing the signatures, but he thought the Board
could very safely take the initiative.
It was agreed to a dvise Mr. Couette to secure
the signatures requesting a Special Town Meeting and
have his attorney proceed with wording the article which,
in the Board's opinion, is not the duty of the Town
Counsel.
Mr. Stevens retired at 10 :25 P. M.
x.20177
Mr. Gay, at the Chairman's request, conducted
the meeting for the remainder of the evening.
Opposition Petition was received, signed by 358 residents
to Liquor of the Waltham Street-Marrett Road area opposing
Store the granting of a liquor license in this location.
The Clerk was instructed to send a copy to the
members of the Board.
Deny O'Connor Letter was received from the Five Forks Associ-
Sunday Sales ation Committee requesting a public hearing before
License a license is issued for the sale of ice cream on
Sundays at the Five Forks.
Upon motion of Mr. Nickerson, seconded by Mr.
Driscoll, it was voted to deny Mr. John F. O' Connor's
application for a Sunday Sales License at 271 Lincoln
Street, in view of the traffic hazard and opposition
of the people living in the vicinity.
Letter was received from Norman J. Beckett,
offering $75 for Lot 2, Block 69 on Va3:ey Road.
Tax Title The Clerk was instructed to advise Mr.
Property Beckett that the Board is not in favor of disposing
of Lot 2 without Lot 1, but prefers to sell the two
lots together, and will, therefore, entertain an
offer of $75 for each lot.
Letter was received from John A. May 77 Valley
Road offering $100 for Lots 31, 32, 33 and 34, Block
Tax Title 73, Myrtle Street. As a result of the construction
Property of Route 128, Mr. May will have to move his present
home and would like these lots upon which to locate
his house. The Committee on Tax Title Property re-
commends a price of $200.
Mr. Hoyt moved that Mr. May be advised that the
Board will entertain an offer of $200. Mr. Nickerson
seconded the motion and it was so voted.
Further consideration was given to Mr. Thomas
Tax Title Davidson's offer of $1,200 for a parcel of land on
Property Valley Road, formerly owned by Burr. The Selectmen
had informed a prospective purchaser some time age
that the price for this land was $1,400.
The Committee on Tax Title Property appraised
the property at $1,400 and the Clerk informed the
Board that the Committee believes it is within the
Board 's jurisdiction to sell the land at whatever
price it so desires.
Mr. Emery moved that Mr. Davidson be advised
that the Board will entertain an offer of $1,400.
Mr. Hoyt seconded the motion and it was so voted.
121;
Petition was received signed by residents in
the vicinity of Taft Avenue requesting that the Bus Route
proposed bus service in that area be modified, and Petition
that an alternate route on Oak Street only be
selected.
Upon motion of Mr. Driscoll, seconded by Mr.
Hoyt, it was voted to sign deed, prepared by Town Tax Title
Counsel, conveying lots 42 and 43 Hillcrest Street Property
to Wallace N. and Eunice R. Foskett, 98 Orchard Street,
Somerville.
Upon motion of Mr. Driscoll, seconded by Sign Deed
Mr. Emery, it was voted to sign deed, prepared Vet. lot
by Town Counsel, conveying veteran lot #12, Cedar
Street, to Leonard Jellis .
Upon motion of Mr. Hoyt, seconded by Mr. Sign deed
Driscoll, it was voted to sign deed, prepared by
Town Counsel, conveying lots 189-198 inclusive,
Cliffe Avenue to William and Elizabeth T. Curley.
Upon motion of Mr. Hoyt, seconded by Mr.
Driscoll, it was voted to grant the following
licenses: Licenses
Lexington Theatre Sunday Movies
Countryside Associates Sunday Golf
Upon motion of Mr. Nickerson, seconded by Sewer Orders
Mr. Hoyt, it was voted to sign the following
Sewer Orders:
Fottler Avenue from Bow Street, northwesterly and
distant approximately 140 feet.
Drew Avenue from Bow Street northwesterly
and distant approximately 260 feet.
(Copy of orders in Selectmen' s Files,
Sewer `)rders, 1950 )
A list of proposed jurors was mailed to the
members of the Board for consideration. Upon Jurors
motion of Mr. Nickerson, seconded by Mr. Driscoll,
it was voted to approve the list of jurors for
1950 as follows: (Quote)
The Board discussed the proposed alterations to
the Barnes property. Upon motion of Mr. Nickerson,
seconded by Mr. Hoyt, it was voted to proceed with
the following work:
1
122
Windows (4) $150 Cover shed roof at rear of bldg.472
Porch 534 Shingle roof 340
Garage 545 New Bulk head 50
Trees0
10 Extras forP orch 100
Remove oil tank 25 Fill and loam 100
Total $2,016.00
The meeting adjourned at 11:25 P. M.
�e , lectmen. •