HomeMy WebLinkAbout1961-07-10-BOS-min 586
SELEC TM +T t S MATING
July 10, 1961
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, July 10, 1961, at 7:30 P.M. Chairman Morey,
Messrs . Adams, Ferguson, Richards and Cole were present .
Mr. Carroll, Superintendent of Public Works, and the
Executive Clerk were also present.
Thomas H. Wilson, 15 Oakland Street, applicant
for a Guide 's license, met with the Board. He had
passed the test and his qualifications certified by
Guide Mr. John J. Garrity and Chief Rycroft.
Following a few appropriate remarks, the Chair-
man presented him with a Guide 's license, signed by
the Board, and A Guide ' s badge , at which time he re -
tired.
The Chairman referred to notes received from the
Lexington Guides' Association relative to sign adjacent
to the Revolutionary Monument on the Common. She re-
i istorie ported that she had looked at the sign and stated that
sign it does need to be repaired. She also reported that
the subject had been discussed with Mrs. Cook, at the
Chamber of Commerce Booth, who agreed to look at the
sign and submit her ideas on the subject.
The Chairman reported that she had granted the
otemobile League of Women Voters permission to park a Votemobile
in the Center.
Mr. Carroll reported that he had received six
bids on the renovation of the boiler room in Cary
Memorial Building. The low bidder was Seltzer 1 Co. ,
Inc . , with price of $7,750. The second low bidder was
Boiler Sellars Oil Burner Service, Inc . , with a price of
bids $8,142.80. Mr. Carroll stated that he had checked on
the low bidder and learned that the company has a
good reputation but is slow. However, he said that
he did not anticipate any problem.
Upon motion duly made and seconded, it was voted
to accept the low bid of $7,750 submitted by Seltzer
& Co. , Inc .
Mr. Carroll reported that he had received three
bids for a sidewalk tractor. Clyde Everett Equipment
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Co. bid $5,091.614.; Pescoe Equipment Corporation bid
$5,500.00 H. F. Davis Tractor Co., bid 6,320.51.
He reported that the low bidder did not meet all of
the specifications . He checked with two or three Sidewalk
towns owning one of these tractors and the reports Tractor
received were not very favorable . He recommended
accepting the second low bid.
Upon motion duly made and seconded, it was voted
to accept the second low bid of $5,500 submitted by
the Pescoe Equipment Corporation.
Mr. Stevens arrived at the meeting at 7:45 P.M.
and presented a plan of the slope easements. on Paul
Revere Road taken for sidewalk purposes . He explained Slope
that, based on this plan, he had prepared the Order of easements
Taking which takes the slope easement on various small Paul Revere
pieces of land. Road side-
Mr. Carroll reported that all people involved have walk
been notified and were invited to attend a meeting about
two weeks ago. They were also notified of the sidewalk
and advised of what the betterments would be . He ex-
plained that the sidewalk will have to be raised but
there will be a general flat grade . There will be a
five-foot grass strip for the entire length.
Upon motion duly made and seconded, it was voted
to adopt an Order of Taking of permanent slope ease-
ments in certain parcels of land abutting on Paul
Revere Road, in connection with the construction of
a sidewalk.
Mr. Stevens presented five copies of contract
documents for the sidewalk construction in Paul Revere
Road. Sidewalk
Upon motion duly mad and seconded, it was voted contract
to execute the contract, -- d_by Mr. Stevens
until the certificate of insurance is received.
Mr. Stevens 'referred to the acquisition of the
Hagerty property, 6 Lincoln Street, and reported that
the deed has been executed. He explained about an
agreement Mrs. Hagerty's attorney would like signed,
setting forth the provisos in the deed. Hagerty
Upon motion duly made and seconded, it was voted agreement
to sign the agreement as presented by Mr. Stevens.
Mr. Stevens presented a plan of the property
ownedby Mr. Fred Benkley and located at 35 Whipplec.
Road. He reported that the Planning Board had asked
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him to present a proposition to the Board whereby
that in return for a deed to the entire rear parcel
from Mr . Benkley, the Townwould pay a price based
on the proportion of the area of that land as compared
with the total area of theHinckley land, including
the rear part the Town did not acquire . He said an
agreement would be entered into with Mr. Benkley
that the radio antenna and the connecting of the same
to the premises of Benkley's lot 187 shall not pass to
the Town of Lexington, but shall remain the property
of the grantors. Mr. Stevens read a draft of the pro-
position, and Mr. Richards said it appeared to be
Benkley reasonable.
agreement The Chairman said she would prefer not to take
possession of the property without a fence .
It was agreed to have Mr. Carroll give Mr. Stevens
information as to the type of fence and the cost. If
the cost is under $500, Mr . Stevens was authorized to
write Mr. Benkley and enclose the agreement. If the
cost exceeds $500, Mr . Stevens is to bring the subject
to the Board' s attention again.
The suggestion was also made that the cable now
on the ground be run overhead.
Mr. Stevens referred to the matter of damages for.
the sewer taking on Watertown Street and said as far
Watertown as he knew there were no requests from anyone on Water-
Street sewer town Street for an offer with the exception of Mr.
Leonard Leonard. He recalled that an offer of $100 was made
claim but nothing was heard from Mr. Leonard, but tonight he
received a notification from Mr. Carroll, Town Clerk,
that Leonard had filed for damages in the Superior
Court.
Mr. Stevens said he has discussed the subject
with John Carroll, who thinks that the sewer is a
benefit to the three owners, other than Mr. Leonadd
who connects into the sewer on the other street. He
presented a plan of the properties involved and ad-
vised that if the Board is going to make any award,
it should be done before the expiration of the year .
No action was taken.
Mr. Carroll retired at 8:30 P.M.
Mr. John Brucchi, 63 Paul Revere Road, Miss Jean
L. Adams, 69 Paul Revere Road, and Mr. Robert We singer,
101 Reed Street, met with the Board.
The Chairman declared the hearing open upon the
complaint' filed by Mr. Brucchi against Miss Adams,
whose dog, Mr. Brucchi claimed, attacked his colt.
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1 Messrs . Brucchi, Wesinger, and Miss Adams were
sworn to testify under oath by Mr. Richards .
Mr. Brucchi stated that last February, he pur-
chared a registered colt . a yearling, at an auction.
The colt was put in the corral. About the first of
April, Mr . Brucchi was working down back of his
property with Robert Wesinger, who works for him,
when he heard his wife screaming and they both ran Brucchi
to the house . He said he saw the colt break through vs
the 21 x 61 fence with the Adams' dog still in back Adams
of him. He said he could not see what .the dog had
inr;his, moat .. When he caught the colt, it was bleed-
ing from the left hind leg. He said at the time it
did not seem to be serious, but about a week later,
the colt's leg started to stiffen and he sold him at
a loss.
Mr. Brucchi said he could not blame thedog which
has been trained to chase his horses.
The Chairman stated that Mr. Brucchi had com-
plained of the Adams' dog before and there was a
hearing. At that time, Miss Adams promised to keep
the dog restrained.
Mr. Robert Wesigner said he and Mr. Brucchi were
at the back of the yard and Mrs . Brucchi started to
I scream. When he and Mr. Brucchi ran up, he saw the
colt go through the fence and the dog was behind him.
He said he did not know if thedog bit him or not.
He stated that he was with Mr. Brucchi when he examined
the colt, and it was bleeding. He said that was the
only time he aaw the dog in the enclosure .
The Chairman asked Miss Adams if she was home at
the time this happened, and Miss Adams replied that
her parents had charge of the dog. . She said there
are at least two dogs in the neighborhood that could
have been mistaken for her dog. She said that since
the gentleman who spoke is paid by Mr. Brucchi and
works for him, there could be some doubt in her mind
whether or not it is fair to sayhe would be unbiased.
She stated that the dog has been trained not to go
over there .
Miss Adams said it was a directoutright lie to
say that the dog has been trained to go after the
horses . She said the dog is in at night . When he
is out during the day, there is always someone in
the house and he is not allowed to go ionto Brucchi' s
property.
The Chairnan asked if he could have slipped out at
one time and Miss Adams replied that it is possible.
She said she did not think the dog could be positively
Iidentified, and if he went through the fence, he
590lawase
propably would hove managed to cut himself, but there
were no marks on him.
Mr. Adams asked if Miss Adams was in school at
the time of the other hearing and she replied that
she was in high -school. She said the dog is not out
of the house unless there is someone there .
Mr. Brucchi said the dog has been back several
times since last February and Mr . Dean of the SPCA
told him to shoot the dog.
The hearing was declared closed at 8:45 P.M. and
the group retired.
After consideration of the facts brought out at
the hearing, the Board of Selectmen unanimously adopted
the following order: That the Collie dog owned by
Jean L. Adams be securely restrained at all times within
the limits of the property of the owner except when
under the control of an adult and ,on a leash.
Mr. John Carroll returned to the meeting.
Letter was received from Mr. Stevens advising that
the NDC has granted a request he bade for theTown to
put into service the connection at Watertown Street to
Water the new MDC line , notwithstanding the fact that the
connection Town has not yet entered into an agreement to share in
MDC lines the construction costs incurred by the Commission.
Mr. Carroll reported that the water has been
turned on.
Mr. Stevens retired at 8:58 P.M.
Mr. Carroll reported that he has been unable to
locate anyone to cut the hay on the Willard property
at no charge . He explained that Miss Willard was in
to see him about it and feels that the Town is morally
obligated to cut the hay and have it removed, and re-
ferred" to the original agreement between the Town and
herself. He stated th- t although the agreement does
not stated that the hay should be cut, it does say
something about 1s eping the property in substantially
"Its present state" . He said he could not construe
it to mean that the Town should cut and bale the hay.
She said that the people involved at the time would
agree that this restriction could be read that way
and she feels the Town is obligated to do it .
The Chairman said she felt that there should be
one cutting a year, both for protect .on of the property
and for the appearance . She said a burned area looks
unattractive .
591.
Mr. Carroll explained that Miss Willard does not
want it laying on the ground, but wants it removed.
Mr. Ferguson stated tht burning it would be
sufficient .
Mr. Adams said he thought there was an understand-
ing and the amount of money involved is small . He said
he was dubious about burning the area.
Upon motion duly made and seconded, it was voted
to authorize Mr . Carroll to have the hay cut and re-
moved.
Mr. Ferguson wished to be recorded in opposition.
Mr. Carroll presented a plan of theWestview
Cemetery land which also showed the land the Cemetery
Commissioners would like to acquire situated between Acquisition
the Bost on & Maine Railroad and the cemetery. He of land for
said he thought Oabot, Cabot & Forbes had an option Westview
on the land . Cemetery
Mr. Richards said that the Commissioners should
have a copy of the plan and someone should approach
the owners .
Mr. Adams did not think 14r. Carroll should be
asked to devote any more time on the matter.
Mr. Richards said an appraisal should be made
first and then negotiations entered into with the
owners whereby they could continue to live on the
property with a permanent option to the Town of Lex-
ington to purchase it .
It was äg± eod to send a copy of theplan to the
Cemetery Commissioners and ask themto examine it and
advise the Board in writing if they think it is feasible
for the Town to acquire the land at this time and if
so, to ask the Board to take the proper steps.
Mr. Richards said that after the Commissioners
look at the plan, advise the Board that they want this
parcel, and how long it will be before they planto use
it, then rn gotiations can be entered into with the owners .
Letter was received from the Department of Public
Works pertaining to an agreement relative to installation
of sewer pipes under Route 128.
Mr. Carroll reported that the estimated cost, in
signing the agreement is $48,890. He explained that bids
will be taken this month on the widening of Route 128
and there are certain items pertaining to the work of Agreement
the Town. He said he presumed that the money would
have to be appropriated at the Annual Town Meeting.
Mr. Stevens advised that the Board cannot commit
the Town and took the letter to cheek on the proposed
agreement .
592 1.0
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Letter was received from Robert L. Rosenthal,
10 Peacock Farm Road, asking the Board to consider
an extension of the sewer in Masan Street.
Mr. Carroll presented a plan, explained the
properties involved, and stated that he had sufficient
funds to cover the cost of the extension. He explained
that Mr. Rosenthal needs the sewer and it seemed to him
that it should be extended while the area is being dug
up for the sewer .
Upon motion duly made and seconded, it was voted
to authorize Mr. Carroll to ext_nd the sewer to Mr.
Rosenthal' s property line subject to the assessment of
betterments .
Petition was received from residents of the Ledge-
lawn Avenue and Hillside Terrace area requesting instal-
Traffic lation of a traffic island to provide safety for the
children and to minimize the traffic hazard.
Mr. Carroll said an island is not the answer and
he recommended narrowing the corners of the streets .
It was agreed to refer the request to the Traffic
Study Committee for recommendations .
The Chairman asked the members of the Board to
Traffic look at Moreland Avenue relative to painting a white
traffic line .
Further consideration was given to the proposed.
Leave Regulations, and the Chairman read a letter
frue the Board of Fire Commissioners with recommendations .
Mr. Richards said the department heads who would be
applying the regulations should have an opportunity to
set up their records, and he therefore felt that the
effective date should be the close of the normal vacation
Leave period which is after Labor Day.
Fepulations Mr. Ferguson suggested that the regulations be
adopted immediately, the Department heads instructed
to commence keepingrecords as of July 1, 1961, the
regulations to become effective January 1, 1962.
After discussing the subject at length, it was
voted to adopt the Leave R,Igulations, as submitted
this evening, effective as of September 1, 1961.
Mr. Carroll was requested to advise Mr. Palmer,
Town Accountant, who is to supply the department heads
with the necessary forms for attendance records, and to
have sufficient copies of the regulations prepared for
all departments involved.
Letter was received from Frank M. Carpenter, 94
Pleasant Street, in which he stated that the letter
593
was being submitted as a claim for damages resulting
from the Town taking a permanent sewer easement and
a temporary construction easement on his property.
He submitted a claim of $1500 to cover the cost of re-
placing twenty trees .
It was agreed to advise Mr.Carpenter that the
Board will look into his claim, based on the removal
of trees from the construction area, and to point out
that to protect his rights, he must petition the Claim
Superior Court in Middlesex County to determine his
damages within one year from August 9, 1960, the date
on which the order of taking was recorded, as outlined
in the Boardts letter to him dated August 9, 1960.
The Chairman reported that she spoke to Mr. Edmund
Webb, relative to the position of Gas Inspector, and
he said his health is good and he would expect to receive
$1500 per year . Gas
It was agreed to defer action on the appointment Inspector
of an inspector pending receipt of further information
from Mr. Hart of the Boston Gas Company.
At 10:15 P.M., the Planning Board met with the
Selectmen.
The Chairman referred to Mr . T. H.' Reenstiernats
I letter of June 22, 1961., to Mr. Stevens, relative to
the costs of constructing Worthen Road and explained Cost
that the Board thinks there should be some formula formula for
that could be applied to all the roads for the Townts developerts
benefit. roads
Mr. Soule stated that the Planning Board has dis-
cussed the subject, is in sympathy with Mr. Reenstierna
and would like to see some legal way of helping him.
Mr. Stevens advised that there is no authority
that the Town has now to take any action to reassure
Mr. Reenstierna that he willbe reimbursed. He ex-
plained that two possibilities would be for the Town
to lay out the road as a town way and construct it as
such, and betterments would be assessed for that con-
struction, the amount being based on the cost less the
amount it was felt the Town should bear. The other
method would be to have the subdivider deposit with the
Town a sum of money to be used to defray part of the
cost of construction.
Mr. Soule said the Planning Board thought the way
to do it was to receive the deposit of money from the
owners and layoout the road.
Mr. Stevens explained that if the developer paid
in the first instance, there would be no betterments .
594
f
Mr. Adams asked how much money is involved, and
Mr. Carroll replied that he thought it was $11,000, not
including removal of peat and his guess would be $20,000.
Mr. Stevens said that Mr. Reenstierna is asking
for certain assurances and a firm agreement. He advised
that there could be no firm agreement other than a firm
assurance of what the Board would recommend to the Town.
Mr. Carroll said he was in favor of having the
developer make a deposit and the Town doing the work. He
explained that if the Town does the work, there would not
be any question as to what items would be paid for .
Mr. Stevens advised that each subdivision could be
handled on its own merit. He said in a case such as
this one, it might be desirable , in the interest of the
Town, to say that the Town would lay the road out and
construct it and the developer pay so much. He stated
that the only other Board involved would be the Appropri-
ation Committee .
Mr. Adams said that as of this moment it seemed
desirable for the Town to build the road and be reimbursed.
It was agreed that Mr. Stevens would arrange a con-
ference
on-ference with Mr. Reenstierna, a member of the Board of
Selectmen, a member of the Planning Board, Mr. Carroll,
Mr. Snow and himself.
Mr. Stevens retired at 10:30 P.M.
The Chairman referred to Mr. Grindle ' s letter of
June 12, 1961, advising that Mr. Snow had been in com-
munication with Mr. Olson of Mr. Hue ' s office, in regard
to a connection to Worthen Road at Route 2. She re-
ported her conversation with Mr. Hue and explained the
plan he proposed. She said in view 'of the fact no one
has heard any more on the subject, that Mr. Hue should
be contacted and asked what progress is being made and
Worthen Road must be settled.
The Chairman referred to the Planning Boardts
letter of June 26, 1961, relative to Buckman Drive .
Mr. Snow stated that he did not think two streets
could be laid out in the same article .
Buckman The Chairman said there was the question of Mr.
Drive Luongo and who was going to negotiate . She thought
Mr. Snow should continue his discussions with Mr.
Luongo.
Mr. Snow said that the Selectmen would have to
decide if any action is to be taken relative to the
development of the Hillside Avenue area.
Mr. Richards said he did not think the Board
should be concerned about trading lots with Mr. Luongo
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and an appraisal of his lots should be made . He said
the most economical way for the Town would be to take
Luongo' s lots . He stated tht the Board should have
an appraisal and then it would have the price it would
cost to build Buckman Drive and the price of the two lots .
It was agreed that Mr. Snow should continue negoti-
ations with Mr. Luongo.
The Chairman referred to Mr. Carroll's letter and
plan relative to access to the refuse_ disposal sites .
Mr. Soule said his Board would have a preliminary
look at the study of this area the first Monday in
August . He reported that Mr. Snow' s first thought is
to cross at Maguire Road would be unwise because of the
traffic.
The Chairman explained that the Selectmen would Access to
like this settled as soon as possible . dump sites
Mr. Snow said he did not think the Board had
enough information to make a decision. He stated
that the Planning Board has hired someone to assist
him in mak ing a study and he will have a draft of
the study by the first of August.
Mr. Adams asked if a meeting with Cabot, Cabot &
Forbes would be premature , and Mr. Snow replied that
' the question is whether this is to be done for the
immediate purpose or if it is something the Tom wants
to live with for the next twenty-five years.
The Chairman explained that the Selectmen' s con-
cern is acquiring access. She said there will have to
be an appropriation requested in March for the develop-
ment of one of these areas .
Mr. Soule said he thought it was premature to enter
into a discussion without seeing a plan. He said re-
presentatives of Cabot, Cabot & Forbes could be invited
to meet with the Board and talk with the people who
are making the plans. He said he definitely would
not make any commitment with them.
The Chairman explained that setting up the dis-
posalarea is a problem of the Superintendent of Public
Works, and Mr. Soule stated that the road is the Plan-
ning Board' s problem.
The Chairman said that the Board wpuld be hea^ing
from Cabot, Cabot & Forbes relative to a meeting on
July 24 and the Board would be interested in seeing the
study.
The Planning Board retired at 11:05 P.M.
Mr. Carroll referred to the Air Force water e con-
tract and reported that the flow tests were run Thursday
Immo
and he will have a letter from Whitman & Howard to-
morrow. He explained that he and Mr. Stevens would
like to arrange a meeting so they will have some thing
for two weeks from tonight . If he receives the letter
from Whitman & Howard, a meeting could be scheduled
with the Air Force .
Mr. Adams reported that he had inspected Mr. Bank' s
property on Simonds Road and said in his opinion nothing
further should be done by the Town.
Mr. Carroll retired at 10:05 P.M.
Letter was received from the State Department of
Public Works, in reply to the Board' s letter of May 17
relative to the visibility problem for eastbound vehicles
Traffic on Route 4 at the intersection of Hartwell Avenue . It
is the Department' s opinion that while any restriction
of either head "C" or "D" is undesirable , sufficient
visibility is provided under the existing arrangement.
A draft of an advertisement for an Administrative
Adm. Assistant was presented by the Chairman and approved
Assistant by the Board.
A copy of Mr. Lurvey' s letter to Mr. Irwin, rela-
tive to baking odors at Marshall' s Bakery, was received.
Complaint Decision relative to complaint made to the Board
was held over pending receipt of a report from Mr.
Irwin.
Letter was received from William T. Donahue, 3
Flintlock Road, advising that he desired to participate
in the Town 's insurance commission.
Insurance If. for any reason any agent now connected with
the insurance program drops off, the Board will con-
sider Mr. Donahue ' s request to be included in the list
of participating agents .
Letter was received from Mr. Donald K. Irwin,
Building Inspector, recommending a charge of $1.00
for copies of the combined Building, Plumbing and
By-Law Sign By-Law.
charge Upon motion duly made and seconded, it was voted
to establish the price of $1.00 for the combined
Building, Plumbing and Sign By-Law.
Upon motionduly made and seconded, it was voted
to certify Richard Burns' application for a Peddler ' s
597
License, satisfactory character reference having been
received from the Chief of Police .
Licenses
Upon motion duly made and seconded, it was voted
to grant an Intelligence Office license to Donald P.
Dow, at 9 Muzzey Street, satisfactory character refer-
ence having been received from the Chief of Police .
Upon motion duly made ands,Scoped, it was voted Jury List
to adopt the Jury List 'f''or 1961.
Information was received from Chief Rycroft per-
taining to six applicants for the Women' s Safety Patrol. Police
The Board preferred not to make any appointments Women
without interviewing the applicants .
The meeting adjourned at 11:35 P.M.
true record, Attest :
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s. e tiv Cler., Select ii=n
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