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HomeMy WebLinkAbout1950-05-15-min 58 cc SELECTMEN'S MEETING May lb, 1950 1 A regular meeting of the Board of Selectmen. was held in the Selectmen's Room, Town Office Building, on Monday evening, May 15, 1950, at 7:00 P. M. Chairman Finery, Messrs. Gay, Driscoll, Nickerson and Hoyt were present. The Clerk was also present. Mr. DeFoe met with the Board, and stated that he has had another request form the gentleman, who lives in Lexington, who sells transite pipe. This individual would like an opportunity to discuss the subject with the Board or have Mr. DeFoe discuss it. Mr. DeFoe explained that transite pipe was first used in Europe about tbirtyyears ago and first used in this country about twenty years ago. Some towns have used it Transite for ten or fifteen years. Winthrop has used it and Win- pipe cheater is using it. He stated that to him this is a now product and he did not see how he could recommend it against cant iron pipe. Mr. DeFoe explained that in laying this transite pipe one must be very careful and it has to be backfilled with more or less select material. The Chairman asked what Metcalf & Eddy would charge for advice on this and Mr. DeFoe replied that he did not know. He said that he would ask Mr. Shaw What he thought of it. Mr. Hoyt inquired as to why transite pipe is used and Mr. DeFoe explained that it is cheaper and involves less Work. Mr. Nickerson suggested that Mr. DeFoe obtain some comment from M. I. T. which he agreed to do. Mr. Gaudet' s request for an extension of water main to supply his house at 4 Hayward Avenue was held over Request from the last meeting of the Board. for water Mr. DeFoe explained that Mr. Jackson, the Health Hayward Sanitarian, is of the opinion that the water in Mr. Avenue Gaudet's well is contaminated because the cover of the well is not tight and surface water runs in. Mr. Jackson believes that if the walls of the well were plastered the situation would be helpful. Mr. DeFoe said that it would require 270' of 6" pipe to serve this house from Fairview Avenue. The Chairman suggested, and the members of the Board agreed, that Mr. DeFoe discuss this matter with Mr. Gaudet and have Mr. Jackson present. Mr. George J. Bailey's request for the extension of a water main on Ridge Road was held over from the last meeting of the Board. L 59 Mr. DeFoe reported that he understands the petitioner owns both sides of the street and in- Request for tends to subdivide his property. This request, Water - Ridge involving 400 feet of pipe, is last on the list. Road Mr. Gay said that he thought the petitioner should take his turn and be advised that his re- quest will be placed on the waiting list but that a form should be sent for his signature. The request for extension of water and sewer mains in Bennington Road was held over from the last meeting of the Board. Mr. Nickerson stated that the members of the Board had agreed to view the location during the week, and said that he could see no reason why this request Request for should not be handled the same as that on Ridge Road. water-sewer The Chairman asked if the members of the Board. Bennington felt that some effort should be made for a better Road financial arrangement. Mr. Nickerson said that he thought someone should- talk to the petitioner and inquire as to his three-way plans for water, sewerage and light. Mr. DeFoe stated that he had offered to pay for the entire frontage. The Chairman suggested that the members of the Board look the area over on Tuesday night at 7:15 before the Special meeting of the Board. Mr. DeFoe again brought up the subject of water main extension in Coolidge Avenue and explained that Coolidge Avenue the plans for strengthening the system call for 12" water pipe in Adams Street from the junction of East and Adams up to Adams and Hancock. Mr. Harold E. Stevens, Town Counsel, met ,i th the Board at 7:15 P. M. The Chairman asked if it would be better to wait and install the water under the sidewalk because of the unusual property ownership rights on Coolidge Avenue. Mr. Stevens said that he definitely thought it would be better not to install water now. Mr. Stevens said that he might havelmore inform- ation on this subject next week and it was agreed to defer action until the next meeting of the Board. Mr. DeFoe reported on the land taking on Adams Moakley Street with reference to Richard E. Moakley's property. Taking re- He presented a sketch of the area involved and said location of that the best information he could obtain from the odams Street County plans is that the County Engineers figured from the edge of the road for the taking into the established line of the roadway. so cc A taking of 6,500 square feet was made. Mr. Moakley owns 2 6/7 acres of land. The Chairman asked if a saleable lot were taken. from Mr. Moakley and Mr. DeFoe replied in the negative. Moakley The Chairman asked if there is plenty area in back taking and Mr. DeFoe replied in the affirmative. He said that relocation the Countytook only 1/7 of an acre. of Adams Mr. ickerson asked if Mr. Moakley was aware of the Street insignificant value of the land that was taken. The Chairman said that his impression, when he talked to Mr. Moakley, was that he felt it was worth more. Mr. Hoyt asked if Mr. Moakley received any benefit from the improvement and the Chairman said that he sup,. posed not. Mr. Nickerson asked if the Board should allow Mr. Moakley to open this case because he was unaware of the fact that he should have asked for reimbursement. He said that he would be willing to reopen the issue but he could not see that Mr. Moakley was losing valuable land. The Chairman said that the Town Counsel, if asked by the Board, would rule that the Board cannot pay any gratuity unless the Town voted it. Mr. Stevens said that the time in which Mr. Moakley had to file a claim had elapsed and if a precedent is established there is no telling how many other late claims may be filed. Mr. Driscoll said that he did not think a decision should be made right away and that the Board should give the matter some study. Mr. Hoyt asked how Mr. Moakley would know his rights and Mr. DeFoe explained that a notice was mailed to him by the County Commissioners. The Chairman stated that Mr. Moakley does not contest the fact that he received a notice, but he misinterpreted the word "entry". Mr. Nickerson asked if Mr. Moakley were misinformed and the Chairman replied in the negative. He said that Mr. Moakley did not understand the situation. 2he Chairman asked Mr. DeFoe to secure a copy of the notice sent out by the County Commissioners and to bring this item up again, next Monday evening. Mr. DeFoe informed the Board that some damage had Damage to been done to Colony Road and read a report which he Colony obtained from the Police Department. He said that the road is Road fractured and openings where water can get in. He said that liquid asphalt could be poured on, but he personally felt the the street should be sealed over and it involves an expenditure of between $150 and $175. Mr. DeFoe was requested to obtain further information as to the owner of the equipment that damaged the street and also the operator and report again next week. L 61 Letter was received from Raimo Contracting Co. with reference to the Lexington Sewer Project Con- Raimo tract B. Mr. Raimo stated that a dispute had arisen Complaint between him and the engineer in charge of the pro- re Engineer ject. He stated in the letter that if it is the Board's intent that the engineer act in a dual cap- acity both as arbiter and as the owner's representa- tive, any work done wherein a dispute arises, a claim shall be filed by the contractor for additional compensation. Mr. DeFoe explained that Metcalf & Eddy, in their design, have seen fit to have gravel enveloped in certain spots, providing the trench is a certain width. If the trench is wider, they insist on a concrete en- velope. He stated that it is all in accordance with the specifications. Mr. Stevens said that he would take the letter and the contract and look them over. It was agreed by the members of the Board to authorize Town Counsel to handle this matter. Petition was received relative to the construction of Cary Avenue. Mr. DeFoe said that the Engineering Department could prepare an estimate of the cost which for all Cary practical purposes will be sufficient. Avenue The Chairman said that he would acknowledge the petition and state that a survey will be made in the near future and at that time the petitioners will be invited to meet with the Board. The petition was given to Mr. DeFoe. Mr. Lee F. Emond, representing Robert L. Innis, met with the Board, at .the Board 's invitation, re- lative to Mr. Innis ' request for the extension of Mr. Innis water main between the present main on Wilson Road Requewt for and School Street, following Roosevelt Road, Ellison Water Road and Leroy Road. The Chairman said that, as he recalled it, Mr. Innis offered to pay for the cost of installing the water pipe, but the Health Sanitarian raised some question as to the proper drainage for sewerage dis- posal. Mr. DeFoe said that the Sanitarian has inspected the property and advised that the lots on the easterly side of Ellison Road could not be satisfactorily taken care of by septic tanks or cesspools. He stated that Mr. Innis would like to put the drainage in on the lot line and pay for it, but Mr. DeFoe felt that it should be put in the street because drainage will eventually have to be put in the street some day if the street is built. 62 an The Chairman asked if the drainage installation suggested by Mr. DeFoe would eliminate the danger of sewage getting into the drainage system. ' See 62 A. He explained this organization is a national organization of service man who are known as the Minute-Men of America and will hold a convention in Cambridge. They would like to make a pilgrimage to Lexington, hold ceremonies and lay a wreath on the Common, Tuesday, July 25th. He asked if it would be possible to name a day as "Home Coming Day" and have a member of the Board to receive the group. The Chairman said that he thought this could be arranged and asked if it were essential for the Board to name a day or would a notice in the paper be suf- ficient. uf- ficient. Mr. Manning said that the naming of a day was merely a thought, but they would like to have some- onepresent to welcome them. They will leave Cam- bridge at 2:00 P. M. The Chairman .said that the Board will discuss the matter and advise Mr. Manning. Mr. Manning retired at 8:30 P. M. Hearing was declared open upon the application Hearing of Mr. Peter Salvucci to store 3,000 lbs. of dynamite (in connection with construction of route128) in the vicinity of Burlington Street at the Lexington- Burlington line. Notice of the hearing was inserted in the May 4th issue of the Lexington Minute-Man and there were thirteen persons present, all in opposition. Mr. Stevens, Town Counsel, returned to the meeting. Notice of the hearing was read by the Chairman and he informed the group that the application had been approved by the Chief Engineer of the Lexington Fire Department. The following indivuduals wished to be recorded in opposition: Harold Grossman, 138 Burlington Street; R. H. Moulton, 146 Burlington Street; Richard A. Crain 166 Burlington Street; B. Harrison, 29 North Street; Arthur Williams, 60 North Street; David P. Wilson, 147 Burlington Street; William J. Blanchard, 149 Burlington Street, James E. Evans, 196 Burlington Street; Fred J. Hopwood, 172 Burlington Street; Charles D. Hufton, 162 Burlington Street; Mrs. David P. Wilson, 147 Burlington Street. Mr. Grossman acted as spokesman for the group and read an excerpt from an Army Handbook on explosives. Mr. Evans said that his house is within 200 yardds of the location and his concern is that the right of way, which Mr. Salvucci is using, is being used by anyone ** See next page (62 A ) 62 A 1 IIMr. Defoe said that it would seem if Mr. Innis is going to spend money for the drainage the logical place is to put ,it in the street and that eventually the drainage will have to be put in the street any- way. the Chairman asked if this suggestion of Mr. Defoe's represented the recommendation of the Town Engineer. Mr. Defoe replied that both he and the Town En- gineer recommend putting the drainage in the street. The Chairman asked if Mr. Defoe had any serious fee_ s of illegal conn ioJ o��jj''��e ols and Mr. De- Foe said that he unde anFs is one in Town. Mr. DeFoe raised the question as t wh would happen if a house were built and the cesspool or septic tank did not work satisfactorily. Mr. Defoe asked how Mr. Emond proposed to take care of the situation. Mr. - Emond said that his request would be to use the land on the westerly side of Ellison Road and not the land on the easterly side. Mr. DeFoe asked whet would happen to the lots that are not used and Mr. Emond replied th t at a later date he will take c re of the drainage to the Town's satisfaction. Mr. mond said that he was going to sell the E land on the westerly side for building, and the pur- ch. sers would build the houses . Mr. DeFoe said that it would seem to him that it would be expensive to pay for water on both sides of the street if the lots on one side could not be used. Mr. Stevens said that it would have to be legal- ly feasible to restrict the lots un the easterly Side and mentioned that the lots would be owned by indi- viduals and also facing on a street. He said that he would be glad to give this problem some thought and further stated that the difficulty is that all the lots 1are shown on one plan. He said that he did not think Mr. Innis would be constructing a road if he dd not intend to build on the easterly side and Mr. Emond said that was true. The Chairman suggested that Mr. DeFoe, Mr. Burns and Mr. Jackson discuss this problem further in an ef- fort to work out some practical solution. Mr. Emond retired at 8:25 P.M. Mr. Stevens reported on the Leary case on Waltham Street and the members of the Board agreed to leave the 4 matter entirely to the discretion of the Town Counsel. Mr. Stevens retired at 8:45 P.M. and Mr. Joseph B. Manning, Convention Chairman of the Legion of Guards- men, met with the Board. L o , o 1 r 63 choosing to go down the street. He thought this was an unsafe condition and that if the dynamite is to be left there, the right of way should be protected. The Chairman asked the group to leave the room and give the Board an opportunity to discuss the application: Mf'. Stevens said that the Board could deny the permit which has been requested. Upon motion of Mr. Driscoll, seconded by Mr. Ray, it was voted to deny the application of Peter Salvucci for permission to store 3,000 lbs of dynamite on land owned by the Commonwealth of Massachusetts, Route 128, in the vicinity of Burlington Street at the Burlington-Lexington line. At 9:20 P. M. Mr. Edward J. Conley of Shoppers Haven met with the Board. The Chairman explained that Mr. Kraff met with Shopperst the Board some time ago and at that time was told Haven that the Board had not had an opportunity to study the Sunday Sales License situation, but had been disturbed by reports of sales on Sundays. Mr. Kraff at that time said he had made only one illegal sale on Sunday and that was an emergency. The Chairman said that the Board was not particularly satisfied with the status of events and from all the rumors, the Board was inclined to feel that there was more being sold than Mr. Kraff knew about, remembered or realized. He said that the Sunday Sales license has now expired and the Board wanted to tell him very frankly that it is not pleased with the reports and ask if Mr. Conley held any plans or cared to make any statement about sales that he would or would not make on Sundays. Mr. Conley said that the original license in question was not the Sunday Sales but the Common Victualler License and he did not think he was entirely alone on Sunday business. He said that he thought, although he seemed to have been singled out, that the condition does not exist with him alone. The Chairman asked what Mr. Conley proposed to do if the Board issued a Sunday Sales license. Mr. Conley replied that if he was to follow the law he thought it was only fair that everyone else do the same thing. He said that if the Select- men feel that the law should be enforced and was going to be, he would have no alternative but to follow along. The Chairman asked if Mr. Conley proposed to live up to the law if the Board issued a license and he replied he did not intend to flagrantly dis- regard everything, but he does feel it should be a general policy. He said that it was something which he believed had never been enforced in Town, and aD 64an that he was not the only one selling items that are not supposed to be sold on Sundays. Mr. Stevens explained that the Selectmen have no right to change the law, and asked who operates the store in question. Mr. Conley said that the prpperty is in Mr. Kraff's name and the stare is in his name and the licenses are all in his name. Mr. Stevens said that Mr. Conley advertises that the store is open every evening and Mr. Conley agreed. Mr. Stevens said that he also advertised that he is open Sundays and Mr. Conley agreed. Mr. Stevens said that there are two stores and two doors; one at the further end where Mr. Con- ley is and the other door enters into the general market where Mr. Kraff is. He asked why both doors were open on Sundays. Mr. Conley said that there are items on the other side which can be sold on Sundays. **I4 Page 65 The Chairman said that the Board has no alter- native. He explained that the Board does not go out looking for this type of thing, but as the Town Counsel has said, there has been advertising in both windows and in the newspaper that the store is open for business on Sundays. This so completely disregards the law that it brings complaints to the Board. He said that since Mr. Conley's store is the one which has taken a wide open attitude, he thought the Board should have his complete assurance that he will adhere to the law. He further stated that if Mr. Conley so desired he could give the Board such assurance either verbally or in writing and the Board would than take up the question of issuing a license. Mr. Conley said that he could see no reason why his Common Victualler license had been held up. Mr. Stevens said that the question can be raised that a Common Victualler can be open on Sundays for the sale of some articles so he thought the two licenses do tie in together. Mr. Stevens said that Mr. Kraff claimed he could not block one door and have one open. Mr. Stevens, however, said that he could not see why this is not possible. The Chairman asked if Mr. Conley would like to think this over and write to the Board or meet with the Board again next week. Mr. Conley replied that it would not make too much difference. The Chairman suggested that he write the Board whenever he makes up his mind and said that the Select- men do not intend to issue a Sunday Sales license without some assurance from Mr. Conley that he would comply with the law. 1 65 *** The Chairman said that he thought the Board was not disposed to issue any license at all for Sundays unless some assurance is received from Mr. Conley that he will live up to the law. Mr. Conley said that if it is to be followed by the strict letter of the law, he will have to do it. Mr. Conley asked if others were going to be made to comply. The Chairman said that he had a right to feel that if the Selectmen are going to be strict with him they should be strict with other people. Mr. Conley agreed to leave the matter as suggested by the Chairman and said that he would let the Board know how he feels it can be done. He said that, among other things, some physical changes would have to be made to close one side on Sundays. Mr. Conley retired at 9:35 P. M. Mr. Charles Kingsley, Jr. met with the Board relative to the drainage problem in the Franklin Road Franklin area. Road The Chairman explained that the Board had invited Drainage Mr. Kingsley to discuss this subject and to ask frankly Complaint ' if he really wanted to press the issue to the conclusion which would involve an expenditure of between $3,000 and $4,000 to install drains at the end of Somerset Road and Franklin Road. He explained that even when it is not certain that anything very constructive would be accom- plished. Mr. Kingsley said that he could not think of any alternative. He said that this has been a very wet spring and he has had seven inches of water in his cellar. The Chairman asked if this is the first year that there has been water in the cellar and Mr. Kingsley replied that he has had dampness and an inch or so of water but nothing like this. The Chairman asked Mr. DeFoe if he had discussed this with Mr. Baskin and he replied in the negative. The Chairman asked if he thought Mr. Baskin's new drain was clogged and Mr. DeFoe replied in the negative. He said that the two drains originally drained over to the Baskin property and that the catch basin grade is five inches loner than Mr. Kingsley's cellar floor. He stated that the water in the manhole was five feet below the cellar floor, and the water now in the catch basin is down one foot. Mr. Kinglsey said that it is now eight inches below his cellar floor. ' The Chairman asked if Mr. Kingsley had a pump in his cellar and he explained that about twenty-five years ago Mr. Smith, the former owner, had a drain from the cellar that emptied, with the premission of the Slakes, into Blake's land. The Chairman asked if there is water in the cellar now and Mr. Kingsley replied in the negative. The Chairman said that it would be unlikely that there would be any water in the cellar any more this season. He waid that if Mr. Kingsley agreed that the hazard is over for this Spring, Mr. DeFoe might contact Mr. Baskin and ask him what he intends to do about the situation. Mr. Kingsley said that he would like to be present when Mr. DeFoe confers with Mr. Baskin and it was so agreed. Mr. Kingsley retired at 9:55 P. M. Mr. Robert L. Ryder met with the Board. Mr. Ryder said that he owned a parcel of land in Woburn and had it sold for a cemetery. The Selectmen wrote a letter opposing it and the Planning Board also took the same Ryder position. He said his only alternative is to develop re; the property. He said that Woburn has refused to Water furnish water for the proposed development. The pre- Request sent Mayor of Woburn is very sympathetic, but it would cost the City of Woburn a substantial sum to install pipe for about a mile and a half and put a booster pump in at the reservoir. They considered drilling wells, but the result was unfavorable. The other alternative is to purchase water from the Town of Lexington, providing Woburn can make anis agreement with the Town with the approval of the M. D. C. Mr. Ryder said that, knowing the Board had done something similar with the Town of Bedford, or the Administration of the hospital, he felt that the Board would at least give this some favorable consideration and tell him what he could do. He said that he had two differenat groups interested in purchasing this property providing water is made available. He said that he would like to know if it is feasible and practical for the Town of Lexington to sell water to Woburn and how it would take. The Chairman said that he did not see how the Board could say any more this evening than that the Board would give the matter some thought. Mr. Ryder said that he did not expect a definite answer this evening and retired at 10:15 P. M. Report was received from Mr. Lindstrom, Building Zoning Inspector, relative to a complaint received by the Board Violation that an upholstery business was being conducted at 22 Garfield Street, a residential area. Mr. Lindstrom investigated and advised the up- holsterer that he was violating the Zoning By-law and must cease immediately. The property, however, his been sold and both tenants have received eviction notices. __ 67 Letter was received from Mr. Garrity, Supt. of Parks, that the parcelTower II advising of land adjacent to Tow Park has never been turned over to the Park Department. This letter Tower resulted from a complaint received from Mr. Charles Davis Park as to the condition of the property which is now owned by the town. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to advise Mr. Garrity that the Park Department is to assume the responsibility of maintaining this property as Park property. Letter was received from Mr. Garrity with further reference to Mr. Justin Shea's request for permission to plant trees between the sidewalk and the highway at 517 Massachusetts Avenue. Mr. Garrity, according to his letter, is definitely opposed to the planting of trees between the sidewalk and the street. Mr. Emery said that he had viewed the property and agreed with Mr. Garrity. It was agreed by the members of the Board that Mr. Shea should be advised that the Board is not in favor of granting his request. Application was received from the Boston Edison Company and the N. E. Telephone & Telegraph Company for the following joint pole location; Pole Woburn Street, approximately 575 feet east Location of Webb Street. The plan was approved by the Supt. of Public Works. Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted to grant the petition and sign the order. Letter was received from Thomas Martin, 7 Range- way Road, offering J50 for Lot 20, Block 3, Rangeway Tax Title Mr. Potter's recommendation is $350., taking into Property consideration that the estimated assessment for the water is $264.72. The Clerk was instructed to find out who owns the property adjoining this lot and submit the in- formation to the Board next week. Certificate of Incorporation was received from the Secretary of State's Office relative to Richard B. Fawcett, 525 Marrett Road, a member of the pro- Cert. of Inc, posed corporation of Waltham Junior Chamber of Com- merce, Inc. Satisfactory character reference was received from the Chie of Police. Mr. Nickerson moved that the certificate be signed. Mr. Emery seconded the motion and it was so voted. 68 an Letter was received from the Lexington Drum Permit Corps requesting permission to conduct Tag Days on for Tag June 2 and 3 for the purpose of raising funds with Day which to purchase uniforms and instruments. Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted to grant the request. Application was received from Mrs. Leon S. Kinsman, on behalf of the Eastern Star, for per- mission to use the Barnes property on Friday, May 19th, for a Rummage Sale. Mr. Driscoll moved that the request to granted. Mr. Hoyt seconded the motion and it was so voted. Upon motion of Mr. Driscoll, seconded by Mr. Emery, it was voted to grant the following uses of halls: Uses of Estabrook Hall Pre School P.T.A June 3 & 10 Halls Movies 140.00 charge Conference Roo* Rec. Committee June 10 - free Upon motion of Mr. Emery, seconded by Mr. Nickerson, it was voted to grant the following licenses: Licenses Lexington Theatre 1794 Mass. Ave. Sun. Movies Countryside Asso. Lowell St. " Golf Lex. Cab Co., Inc. 1722 Mass. Ave. Pub. Carriage Appointment Upon motion of Mr. Hoyt, seconded by Mr. Nicker- to the Board son it was voted to reappoint Mr. R. L. McQuillan as 0f Health a member of the Lexington Board of Health for a three year term expiring March 31, 1951. The warrant for the Special Town Meeting called for Thursday, June first, was signed by the Board. The meeting adjourned at 10:30 P. M. �Y / / e , lee ':en.