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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 121 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 s_"' 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 rtri 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 1 r" 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, e �w 00 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 c rz 1-1 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