HomeMy WebLinkAbout1961-08-07-BOS-min Lv
SELEC NS PEETING
August 7, 1961
A regular meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building,
on Monday, August 7, 1961, at 7:30 P.M. Chairman
Morey Messrs . Adams, Ferguson, Richards and Coie were
present . Mr . Stevens , Town Counsel, and the Executive
Clerk were also present .
Mr . James J. Carroll, Town Clerk, met with the
Board for the draiing of three jurors , The following Jurors
individuals were drawn for jury duty: James W . Wilson,
8 Revere Street; Allen L. Whitman, Jr . , 31 Turning Mill
Road; Raymond Beals , 26 Cary Avenue .
Mr. Carroll retired.
Hearing was declared open upon petition of Charles
1 filler , for permission to store 5, 000 gallons of #2 fuel
oil on premises at 59L Marrett Road.
Mr. William E . Maloney was the only person present Fuel Oil
at the hearing. hearing
Notice of the hearing was mailed to the owners of
all property deemed by the Board to be affected thereby
as they appear on the most recent local tax list and
also advertised in the July 27, 1961 issue of the Lex-
ington Minute-man. The application was approved by
Bernard J. Belcastro, Chief Engineer of the Lexington
Fire Department .
The Chairman asked where the tanks would be lo-
cated, and Mr. Maloney replied that they would be in the
rear of the building .
Mr. Maloney retired at 7:37 P.M.
Upon motion duly made and seconded, it w voted
to grant a license to Mr . Charles Miller to maintain
an underground tank for the storage of 5,000 gallons of
#2 fuel oil on premises at 594 Marrett Road.
MP. John Carroll, Superintendent of Public Works ,
met wi th the 'Board.
Mr . and Mrs . L. James Zieff, 12 Young Street , _met
with the Board.
The Chairman read a letter from Mr. Zieff request-
ing permission to tie a peripheral cellar drain pipe
into the proposed concrete storm drain for the Young
Street construction.
Mr. Carroll explained that physically it could
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be done , but whether or notindividual houses could
connect would be for the Board to decide . He re •
-
ported that there is a problem in this area and Mr.
Lurvey, Executive Health Officer, has had a repre-
sentative from. the State Board of Health over there
trying to work out a solution to the drainage problem.
Mr . Zieff stated that if he is not permitted to
tie in and there is a water condition, the sump pump
will continue and the water will be dumped on the
surface of the street .
Mr . Carroll said that Mr . Zieff was requesting
an outside drain and he thought he should be allowed
to connect .
Mr . Richards referred to Article XVI, Section 1,
of the Plumbing By-Law which st7ites that rain water
conductors, surface or ground water or basement drain-
age shall not discharge into a sanitary sewer, nor
connect into any storm drainage system of the Town.
He said the question has come up before and a few
months ago, the Battle Green Inn wanted to connect to
the storm drain and the Board refused to grant per-
mission.
Mr . Zieff said he has a sump pump, and in 1959,
storm water was up over his boiler.
The Chairman explained that the Board had other
appointments to keep and would consider Mr . Zieff ' s
request later in the evening.
Mr. and Mrs . Zieff retired at 7:45 P.M.
When the subject was discussed, NLr . Carroll
said the By-Law should be amended, and stated that
there are many instances where drains are connected.
He said that most towns and cities do allow it and
in some cases, insist upon it .
The Chairman said Mr. Zieff' s house is built in
a swamp and other houses will be built in the swamp.
Mr. Carroll suggested that Mr. Zieff be permitted
to pump out to a two-inch line going to the drain. He
explained that the drain is available and he thought
it would be better for all concerned if the water was
under the street .
Mr. Adams asked if it would be valid by permission
of the Board of Appeals , and Mr. Ferguson replied in
the affirmative .
Mr. Richards said he sympathized with Mr. Zieff
and his problem, but he did feel it would be difficult
for the Board to give permission to vary the Plumbing
By-Law.
Mr. Stevens explained that the drainage system
in the streets had been designed to take care of the
drainage in the streets only and that was the theory
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under which the By-Law was set up. He said if the
Board thought it desirable that there be some flexi-
bility, the By-Law could be amended whereby permission
could be granted by the Selectmen. He said he thought
the Board of Appeals might not want to do anything with-
out p
ermission from the Selectmen.
Mr . Adams suggested that the By-Law be amended at
the Special Town Meeting which will be held within the
next two months .
Mr. Richards explained that the amendment should
be written with the Plumbing Inspector and the Town
Engineer.
Upon motion duly made and seconded, it was voted
to sign Contract 1961-L , presented by Mr . Stevans, for Sewer Study
engineering services to make a study of the Town' s contract
sewerage system and its future needs .
Upon motion duly made andseconded, it was voted
to sign contract 1961-5, presented by Mr. Stevens, Trunk sewer
for preliminary plans for the Woodhaven Trunk Sewer . plans
Mr . Carroll referred to sewer bids and reported
that a check had been made pertaining to a & R . Con-
struction Company, Inc . and A . Lucchetti & Sons, the Sewer bids
low bidder . He reported that B & R Construction has
done three jobs, all completed satisfactorily and he
recommended tht the contract be awarded..
Upon motion duly made and seconded, it was voted
to award the contract for sewer work to the low bidder,
B & R Construction Company, Inc. and A. Lucchetti &
Sons in the amount of $120, 851 .50, and to sign contract
1961-3, presented by Mr. Stevens .
Mr. Stevens brought the Board up to date on the
status of the water contract with the Air Force and
reported that he expected a conference would be Air Force
scheduled within the next two or three days . water
Mr. Stevens reported on the Arlington relief
sewer and his discussion with Mr. Monahan, Town
Manager .
Mr. Stevens referred to the claim of Eliot Leonard,
2 Peacock Farm Road, who filed a petition for damages
because of the Watertown Street sewer taking . He re-
viewed the Board' s action in approving an offer to Leonard
settle for. $100 . Claim
Following a discussion of the subject, it was voted
to authorize Mr . Stevens to settle the claim by payment
to Mr. Leonard of $100, abatement of the betterment
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charge , Mr. Leonard, or any future owner of the property,
never to be permitted to connect to the sewer .
Mr . Frank M. Carpenter ' s claim for damages , as
submitted in a letter to the Board dated July 5, 1961,
.Carpenter was discussed, and upon motion duly made and seconded,
Claim it was voted to authorize Mr . Stevens to settle the
claim in the amount of U , the amount of Mr .
Reenstierna' s appraisal.
Mr . Stevens reported that the case of the Town vs
Tari Outhet, building contractor, for violation of the
Building By-Law for work on the building owned by Bessie
Town vs C. Baker, and located at 1755 Massachusetts Avenue was
Outhet tried in Concord Court . Mr . Outhet pleaded nolo but
admitted violation . He was found guilty and fined $50 . •
Chairman Smith, Mr.Hynes, of the Cemetery Com-
missioners, and Mr . Healy met with the Board.
Mr. Smith referred to discussion at a previous
meeting with the Boa.?d and reported that he had re-
ceived a letter from one of the heirs of the Frost
property, adjacent to Westview Cemetery, offering to
sell the house and four lots of land for $20,000 .00,
the Frosts to have life tenancy. He stated that Mr .
Berglund had appraised the property at $28,000 . He
Cemetery asked if something could be worked out so that the
land property would be tax free . He explained that if
the Town has to pay taxes, the Commissioners are not
interested in acquiring the property. He explained
thatmost of the property is in the Town of Bedford,
but it would be quite an addition to the cemetery if
it could be held tax free .
Mr . Richards asked if the property located in
Bedford could be used for a cemetery .
Mr . Stevens said the original thought in acquir-
ing the land was to use it as a planting strip for
protection and there was no thought of interring
bodies in that section; if there is, permission would
have to be obtained from Bedford. He stated the
normally one town owning land in another town doss
have to pay taxes and he would eApect to find that
being in another town, the land would not be tax
exempt .
Mr . Smith said this is something that would be
good to have but it is not imperative .
Mr. Richards asked if the property would remain
in the hands of the Frosts as long as they lived.
Mr . Smith replied that would be taken care of
the way the agreement was drawn up.
Mr. Richards suggested that the Town acquire the
triangular parcel with the restriction that the Town
would not use it until the property was vacated.
Mr . Smith stated that without that parcel the
house would be without legal frontage and they could
not even sell the house .
Mr . Stevens asked if the Commissioners were think-
ing of using the land for burial purposes in the future .
Mr . Smith replied in the affirmative and said the
four lots and the lot upon which the house is located
would eventually be used for burials .
The Chairman asked if the Commissioners would
like the Selectmen to negotiate for the property
right up to the railroad and up to Bedford in the
rear .
Mr. Smith replied in the affirmative and said
they would like the corner where the street was cut
off.
Mr. Smith said if the additional land could not
be used for burial purposes, the Commissioners would
not be interested in acquiring it .
Mr. Stevens agreed to check into the matter.
The Commissioners retired at 6 :40 P.M.
The Chairman asked if Cabot, Cabot and Forbes would
tell how much their option is if the Board told them
there was to be an article in the warrant to acquire the
land.
Mr. Richards explained that the option is not
evidence of value . He said the first thing to do
is to have Mr. Carroll arrange to have the entire
parcel , running to the railroad, appraised.
The Chairman said that first an appraisal should
be obtained, and upon receipt of the appraisal, some-
one should talk to the owners .
Mr. Richards said as soon as the Board has the
appraisal, it should talk with Cabot , Cabot & Forbes .
It was agreed to have Mr . Carroll obtain an
appraisal as the first step.
Letter was received from Norman T . May, repre-
senting Berman Bros . Inc . asking the Board to modify
the permit granted for a Package Goods Store which
would enable them to use part of the land for other Berman' s
business purposes . Store
The Chairman pointed out that they have a park-
ing area far in excess of what is required for the
other stores end they would like to erect another
building .
It was agreed to advise Mr. May that the Board
does not look favorably on the request but suggest
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that he indicate on a plan the area which Mr . Berman
is considering for his store .
Letter was received from the Mystic Valley Gas
Company requesting permission to extend a L welded
steel low pressure gas main in Meriam Street to serve
a new house now under construction.
Gas Main Upon motion duly made and seconded, it was voted
to grant the request, the proposed location having
been approved by Mr . Carroll .
Upon motion duly made and secon. ed, it was voted
Pole lo- to grant permission for j/o pole locations on the
cations Cambridge-Concord Highway.
Letter was received from Angelo Busa requesting
the relocation of a hydrant from the right of his stand
Relocation to an area between houses 137 and 141 Grant Street.
of hydrant Mr. Carroll reported that it would cost aproxi-
mately : 200 to relocate the hydrant .
It was agreed to advise Mr. Busa that the Town will
relocate the by*drant <it he is willing to pay the cost,
esti ted to be "$;20
Ira Stevens retiredat 9:15 P.M..
Letter was received ram Joseph N . Donohue , 23
Baskin Road-, reporting conditions at the Town Dump on
Complaint Lincoln Street .
re dump It was agreed to advise Mr. Donohue that the
burning of diseased elm troes has been removed to
another location .
Letter was received from Mrs . Harvey M. Fox,
14 Stilson Avenue asking to have crosswalks painted
from G^andview Avenue and Stimson Avenue across to
Traffic School Street, and a Stop sign erected,
Mr . Carroll reported that Chief Rycroft had
suggested waiting until school has opened, thus
determining the pattern of children going to school
before painting any crosswalks .
It was agreed to advise Mrs. Fox that the subject
of a Stop sign would be consideredwhen proposed
changes to the Traffic Rules and Regulations are being
discussed.
Further consideration was given to Mr . William
Delaney' s letter relative to an open drainage ditch
at the north end of Hathaway Road .
Mr . Carroll explained that Esco Builders were
working there and when the bond was released, they
put up $1,000 cash, and before the end of two years,
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they would be told to make repairs to the road. He
reported that he has notified them by registered mail
twice but they have not come back. He said the Town Drainage
could do the work and charge the builder, but he would ditch
much prefer to have him do it .
It was agreed to advise Mr. Delaney that the
Superintendent of Public Works is endeavoring to have
the contractor come back to make repairs to the road.
Letter was received from Michael Colangelo,
15 Dorothy Road, Arlington, requesting street lights
on Kendall Road . He is building a house at #115. Street
Mr. Carroll reported that he usually takes lights
care of street light requests as they come in, but
in this particular instance , this is the only house
in the entire subdivision and he did not feel justi-
fied in charging the Town for street lights in this
area at the present time .
It was agreed to advise Mr. Colangelo that the
Board does not consider requests for street lights
until there ar a sufficient number of people living
on a street to warrant such an expenditure .
Petition was received requesting the erection
of "Not a Through Way" sign on Cliffe Avenue . Traffic
Mr. Carroll advised that it is legally a through
way.
Letter was received from Mr. McQuillan, Chairman
of the Board of Health, relative to a large amount of
iron being dumped on Town property located on Bruce
Road.
Complaint
Mr. Carroll reported that he investigated, but
was unable to locate any iron.
It was agreed to ask the Boas d of Health for more
information .
Letter was received from the State Department of
Public Works , together with sheets showing standard
Metal Bridge Railing, Type J, to be used on the Grove Grove Street
Street bridge for the protection of children. bridge rail-
It was agreed to send a copy of the letter to ing
the School Department.
Mr. Adams reported that, being around Town as
much as he is, he has heard of a number of protests
relative to the Leave Regulations recently adopted, Leave
particularly by the Police and Fire Departments . regulations
He said it seemed to him that the complaints should
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be submitted to the Department heads and. then pre-
sented to the Board. He said the Fire Department
personnel ouestioned the holidays .
Mr. Richards said if the complaints fell into
a pattern, the Board could consider them.
No action was taken.
Mr. Carroll reported that he has spent $13,254. 70
of the 342, 100 appropriated for eouipment . He explained
Equipment what he would like to purchase anc_ how he would like to
write the specifications which would not exclude Wood
or others in the snow fighter field.
The Board_ had no objections and authorized Mr.
Carroll to proceed to write the specifications .
The Chairman said about a year ago the Board re-
ceived a letter from T. J. McCarthy, State Department
of Public Works , advising that the railroad crossing
over Route 128 was going to be eliminated. It was
referred to Mr. Snow who wrote a letter which the
Selectmen sent . A notice was received this spring
relative to a tearing to be held on the matter of
the alteration of the bridge on Route 128, and at that
-'te . 128 hearing, Pine Street was eliminated. She explained
ridge that the contract has been awarded and asked what
should be done at this late date and what the Board
wanted to do .
Mr . Adams said if it were to be built, there
would be a bridge not being used for at least ten
years at considerable expense to the_'own.
Mr. Carroll said he did not think there is anything
to be concerned about, that an underpass could be
constructed -'hen needed, and no action was taken.
Mr. Carroll retired at 10:10 P.M.
The Chairman reported that Mr . Webb wants 01500
plus per mile as Gas Inspector. She discussed
the subject with M ,Irwin, Building Inspector, who
Gas said that with the new Sign By-Law in force , his work
Inspector is increasing more and more . She said she would like
to ask Mr . Byrne , par-time Plumbing Inspector, if he
would assume the responsibilities of Gas Inspector
for $500 . She said x`',:1500 for a Gas Inspector seemed
high and she also f&± that Mr. Byrne would have the
time .
Upon motion duly made and seconded, it was voted
to authorize the Chairman to contact Mr . John Byrne .
W.
Letter was received from Mr . Arthur F . Burrell,
Director of Civil Defense , in which he submitted names
of individuals for appointment to the Civil Defense
organization. Civil
Upon motion duly made and seconded, it was voted Defense
to make the following app oint_me. nts : appointment
Coml,.unications and Radio Officer Raymond B. Barnes
r9 Gleason� leason Road
Deputy Radio Officer Arthur J. Pennell
6 Upland Road
Deputy Operations Officer Alden i , Jefts
47 machusett Dr_._ve
Medical Service Officer Dr . Samuel J. Brendler
o Turning Mill Road
Letter was received from David F. P- ckard, 79 Ward
Street, relative to Mr . Robert Thompson, s resignation
as a radio officer in the Civil Defense organization . Resignation_
... It was agreed to advise lair . Packard that the
resignation was voluntary and the Board accepted it.
Letter was received from Mr . Carroll, Town Treasurer,
advising that he had received a bid of 1.10% from the Loan
New England Merchants National Bank of Boston on t E
anticipation loan of 4500 ,000.
Letter was received from Mr . James F. Penske ,
Lexington Junior Chamber of Commerce , advising that
the Chamber intends to submit a bid to the Massachu- Jaycees
setts Jaycees for the privilege of hosting the Miss Pageant
Massachusetts Pageant. The local Chamber requested
a letter from the Board in support .
The Board had no objection, and the Chairman
was authorized to write the letter .
Report was received fronMr. Irwin, Building
Insipector, relative to complaints filed by Mrs .
Dorothy H. Alexander, 62 Reed Street . Report on
complaint
The Chairman reported that Mr. Douglas S .
Robertson, 11 Grapevine Avenue , had called her again
about Marshalls Fakery.
Mr. Richards said as long as Nir . Marshall lives
on
up to the variance granted, there is nothing the Board
can do .
It was agreed to advise '"r. Robertson that the
Town can take no actionunless here is evidence of
specific variance from the permit granted by the
Board of Appeals .
At 10:30 P.M. , the Planninrr Board met with the
Selectmen.
Mr. Carroll returned to the meeting and Mr .
Cole retired.
The Chairman ex;lained that the Chairman of the
Planning Board had said they would be ready for a
September Town Meeting and stated that articles are
Town being listed for a September 25 meeting . She said
''Meting the Board wouldpreferto intothe�_ not get late fall
because there is some thought that the Standing School
Building Committee might be ready .
Mr. Grindle said he did not think the Planning
Board could possibly have any zoning articles ready
for a September meeting .
The Chairman inquired about the Rinaldo property
and Mr. Snow stated that material has been sent to
Philadelphia and he is waiting for a report .
'inaldo Mr. Grindle presented a. plan of the Ml - C3
-roperty District Study whichwas explained to the Board by
Mr . Snow,
The Planning Board and Mr. Carroll retired at
11 :08 P.M.
Upon motion duly made and seconded, it was voted
to certify the character of Lawrence Sullivan, 16 Cutler
Cert . of Farm Road, and Lisa M. Petro, 13 Yeoodcliffe Road, who
Inc . have applied for a Certificate of Incorporation, satis-
factory character references having been received from
the Chief of Police .
Upon motionduly made and seconded, it was voted
ilinutes to approve the minutes of the Selectmen' s Meeting held
on July ).L, 1261 .
It was agreed to have copies made of all the ap-
plications for the position of Executive Assistant and
Executive sent out to the Board members . A meeting will be held
;,Assistant on Mon_ :ay evening, 2ugust 14, to discuss and screen
the applications .
The meeting adjourned. at 11 :27 P.M.
A true record, Attest:
Execat'ive Clerk,, Selectmen