HomeMy WebLinkAbout1961-09-05-BOS-min SELECTMEN 'S MEETING
September 5, 1961
A regular meeting of the Board of Selectmen was
held in the first-floor conference room, Cary Memorial
Building, on Tuesday, September 5, 1961, at 7:30 P.M.
Chairman Morey, Messrs . Adams, Richards, and Ferguson
were present. Mr. Stevens , Town Counsel, Mr. Carroll,
Superintendent of Public Works, and the Executive Clerk
were also present . Mr. Cole arrived at 10:10 P.M.
Mr. James J. Carroll, Town Clerk, met with the
Board for the drawing of three jurors . The following
individuals were drawn for jury duty: Donald H. Archer, Jurors
4.3 Peacock Farm Road; Gilbert A. Arnold, 3 Richard Road;
Kenneth H. Messinger, 3 Valley Road.
Mr. Carroll retired at 7:40 P.M.
Upon motion duly made and seconded, it was voted
to sign a contract, presented by Mr. Stevens, between Contract
the Town of Lexington and James L. Douglass, for alter-
ations to the existing Public Works Building.
Mr. Stevens reported on the question of a violation
of the Liquor Control Act, referred to him by the Board.
He explained, under Chapter 138, Section 57, of the
Liquor Control Act, that upon the conviction of the Violation
holder of a license under this chapter of the violation of Liquor
of any law relative to the business conducted under Control Act
authority thereof, the court in which the conviction
takes place shall send the licensing authorities and
the AEC a certificate showing the time andplace of
conviction. He explained that Section 64 of this Chapter
authorized the licensing authorities after notice to the
licensee and reasonable opportunity for him to be heard
by them, to modify, suspend, revoke or cancel the license
upon satisfactory proof that the license holder had
violated or permitted a violation of any condition
thereof, or any law of the Commonwealth. If the license
is revoked, the holder is disqualified to receive a
license for one year after the expiration of the term
of the license . If he is the owner of the premises, no
license can be granted for the remainder of the term.
He stated that there is an appeal from any such action.
He explained that Section 23 of this Chapter contains
very broad powers authorizing the licensing authority
to revoke or cancel a license for improper conduct or
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anything out of order in the carrying out the duties .
He explained that the formal notice would come to the
licensing authorities in the event of a conviction. It
would come from the Court in which the conviction occurred.
Mr . Stevens referred to Mr. James Zieff' s request
for permission to connect to the storm drain. He said
that Mr. Nickerson indicated that the Board of Appeals
did not feel it had the authorit* to grant the variance
under the By-Law but would do so if so advised by him
Storm in writing that the variance could be granted. He ex-
Drain plained that one of the bases on which the Board of
Appeals may vary the By-Law is in cases whjre enforce-
ment would involve unnecessary hardship and wherein
desirable relief may be granted without substantially
derogating from the intent and purpose of the By-Law.
He said it seemed to him that it is stated that rain
water conductors, surface or ground water or basement
drainage shall not discharge into a sanitary sewer, nor
connect into any storm drainage system of the Town.
The Board of Appeals could not find that they could
vary without derogating from the intent of the By-Law.
Therefore , he felt it would exceed their authority.
He advised the Board to be thinking about the possible
change in the By-Law and suggested that Mr. Carroll
submit some recommendations .
Land Court Notice from the Land Court regarding a petition
petition of Alton W. Willey was referred to Mr. Stevens .
Copies of subpoenas, James A. Vitale , d.b.a. J. A.
Vitale Company were received from Mr. Carroll, Town
Clerk.
Mr. Carroll explained that Mr. Vitale is claiming
some extras . He has discussed the subject with Whitman
& Howard. The claim was originally 48,000 which he
felt he was entitled to but has reduced it now to ,2,000.
Claim Mr. Carroll and Whitman & Howard do not feel Vitale is
entitled to anything, and he reported that Vitale accepted
final payment on the contract .
Mr. Stevens explained that acdeptance , under the
terms of the contract, acts as a release .
Mr. Stevens agreed to answer the subpoenas .
Letter was received from Mr . Tropeano, representing
the Vinebrook Realty Trust, requesting release of approxi-
mately twenty-five feet of a sixty-five foot easement cut-
ting across Lot 8 on John Poulter Road. He suggested in-
telease of serting an article in the warrant for the October 30 Meet-
Sewer ease- ing to execute the release .
ment Mr. Carroll presented a subdivision plan entitled
"Vinebrook Meadows Section Two, Lexington, Mass ."
Mr. Stevens explained that the easement was all the
way through and located it on the plan. It appeared
that the Trust desires to make Lot 8 a buildable lot.
Mr. Carroll agreed to obtain more information and
submit it to the Board at the next meeting.
Letter was received from Mr. Tropeano, represent-
ing the Vinebrook Realty Trust, stating that in order to
connect Lot 3 on Waltham Street to the Town sewer, it
will be necessary to run the line within the present Sewer
lines of Waltham Street and probably within the land
given by the Trust to the Town for the street widening.
The Trust requested permission to install the sewer in
the manner approved by the Town Engineer or if the Town
prefers to install it, the Trust would reimburse the
Town for the installation.
Mr. Carroll presented a subdivision plan and pointed
out Lot 3 and explained that the Trust is going to com-
bine Lot 3 and Lot LF to make a buildable lot. He ex-
plained that Lots A, B, and C are new sewered on the
existing trunk sewer . Mr. Carroll said Mr. Tropeano
is incorrect in referring to Lot E. Lot 3 will be
connected into Worthen Road .
The Chairman stated that Mr. Tropeano should correct
his request and change it from Lot 3 to Lot D.
Mr . Richards said it would seem feasible for him
to connect .
It was agreed to advise Mr. Tropeano to contact
Mr. Noyes and Mr. Wenzelberger and ask him to submit a
regular request for installation of the sewer under
betterments .
Letter was received from Rev. Harold T. Handley
and John J. Garrity, Fence Viewers reporting that they Fence
saw plans for a 4' chain link fence to be erected to
Mr. Herzog, 34 Whipple Road, and found the projected
fence to be legal and approve .
Further consideration was given to letter of August
8, 1961, received from Mr. Toole , of the MDC , relative to
payment of $8,277.50 by the Commission in lieu of perma-
nent resurfacing. Agreemert
Upon motion duly made and seconded, it was voted to
accept the Commission' s terms whereby it will pay the
Town of Lexington the sum of $8,277.50 in lieu of placing
permanent resurfacing on trenches to be excavated under
Contract No. 259-W (Water) in Pleasant Street, in that
area of Concord Avenue extending from Blossom Street to
Waltham Street and in Walnut Street in the area extend-
ing from Concord Avenue to the point where the Commission' s
water main enters the private way leading to -: its new water
tank.
Messrs . Carroll and Stevens retired at 8:35 P.M.
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Mr. Raymond White met with the Board relative to
portion of Temporary Town Accountant.
The Chairman explained that Mr. Blaisdell, Chair-
man of the Appropriation Committee, had expressed in-
terest in attending the meeting and planned to be pre-
sent .
The Chairman explained that Mr . Palmer, Town
Accountant, had been operated on today and would be out
of the office for a very minimum of a month and probably
much longer.
Town Mr. White stated that he was Town Accountant about
Accountant sixteen years ago at the time Mr. Russell was called
to active duty with the United States Army. He served
as Town Accountant for three or four years and since
that time has been connected with a manufacturing con-
cern located in Hyde Park. The concern has recently
moved to North Carolina and Mr. White did not want to
move .
The Chairman asked if he had followed any change
of laws and he replied in the negative .
The Chairman asked if he knew Mr. Herman Dine
and he replied in the affirmative and stated that he
knew Mr. Wardwell, Director of Accounts before Mr. Dine .
Mr. Adams mentioned the Retirement Board and Mr.
White stated that he was a member of the Retirement
Board and had also served two terms on the Appropriation
Committee prior to his appointment as Town Accountant .
The Chairman explained that Mr. Palmer has not
been well for some time and as a result, the work in
the office is not up to date .
Mr. Richards asked if Mr. White was in a position
to start work immediately and he replied in the affirma-
tive .
Mr. Richards said the Board would have to obtain
funds from the Appropriation Committee and Mr. White ' s
duties would include attending the Appropriation Com-
mittee ' s meetings as well as the meetings of the
Retirement Board.
Mr. Adams stated that the Selectmen have no defi-
nite information as to the length of time Mr. Palmer
would be out .
Mr. White said he assumed the work is the same as
it was when he was in the office except that the Town
is larger and it may be more involved.
Mr. Blaisdell arrived at 8:50 P.M.
The Chairman explained that the amount approved
for the Accountant is $6200 per year and asked if that
would be acceptable .
Mr. White replied that it would on a temporary
basis . He said he received substantially more than
that before the concern for which he worked moved.
Mr. Blaisdell said that presumably Mr . White
would be appointed Temporary Accountant and he assumed
Mr. Palmer would be kept on the payroll at full salary.
Mr. Richards stated th t Mr. Palmer is entitled to
90 days sick leave .
Mr. Blaisdell asked if Mr . Palmer ' s membership in
everything would remain the same .
The Chairman explained thatthe Acting Town Accountant
would assume all the responsibility of the Town Accountant,
including the Board of Retirement, according to Mr. Dine ,
Mr. Blaisdell asked what Mr. Palmer' s actual status
was in the interim.
Mr. Richards replied that he is on sick leave .
Mr. Blaisdell said that Mr. Palmer is a member of
the Appropriation Committee ex-officio, and it is assumed
that he will be out for a period of time .
The Chairman sugested talking about a period of
two months .
Mr. Blaisdell said there has been no request for
sick leave or leave of absence for two months .
The Chairman explained that Mr. Dine had informed
her that the Acting Town Accountant would assume all
the duties of the Town Accountant .
Mr. Blaisdell asked if Mr. Palmer had actually
applied for sick leave .
Mr. Richards replied that he is out sick and Mr.
Adams stated that he has reported in sick,
The Chairman said that Mr. Palmer would have to
satisfy the Board that he is able to resume his duties
and not just come back to the office because he wants to.
Mr. Blaisd41 asked if Mr. Palmer had reported in
completely incapacitated.
The Chairman replied that Mrs . Palmer has reported.
She said the Board could appoint a Temporary Town Ac-
bountant for a month at a time .
Mr. Richards said he did not think that was neces-
sary and felt that the Board should appoint an Acting
Town Accountant for as long as the Board thinks there
is a need.
Mr. White retired at 9:05 P.M.
Upon motion duly made and seconded, it was voted
to appoint Mr . Raymond L. White as Temporary Town Ac-
countant, effective Thursday, September 7, 1961, at
the rate of S6200 per year.
Mr. Carroll, Superintendent of Public Works, returned
to the meeting at 9:15 P.M.
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Letter was received from Mrs . Mary P. Seman, 134
Lovejoy Road, Andover, reporting that she struck a
boulder on Walnut Street because the road is narrow and
the boulders stuck out along the street. She had to
Claim purchase new tires and felt that the Town should re-
imburse her the $34.41 which represents the amount she
had to pay after adjustment for replacement of the tires .
Upon motion duly made and seconded, it was agreed
that the Town is not responsible and no reimbursement
can be made .
Letter was received from Miss Virginia L. Sargeant,
4 Eustis Street, requesting extension of the sewer to
her house .
Mr. Carroll reported that the sewer will have to be
extended 125 feet and said there is another house not
connected but it could be . He said that last year she
petitioned for the sewer but there was less than 50%
Sewer signed and he explained to her the only possibility of
connecting to the sewer would be for her to pay the
entire cost, approximately $1200. He explained that
this property cannot be sewered by Percy Road.
Upon motion duly made and seconded, it was voted
to advise Miss Sargeant that the only way her request
can be granted at this time is for her to agree to
reimburse the Town for the entire cost of the extension;
otherwise request for the lateral extension should be ' --
signed by both the abutters to be included in the 1962
budget.
Mr. Carroll reported on bids received for two basic
snowfighter trucks .
Snow Upon motion duly made and seconded, it was voted
Equipment to accept the low bid of 423,200 submitted by Chas . N.
Wood Co., Watertown, Mass .
Mr. Carroll reported that an examination of the boiler
in Cary Memorial Building showed the refractor inside the
Boiler boiler to be in very bad condition. He received a certi-
Boiler
ficate of approval to operate the boiler this winter but
Buiydiemem.ng it should be repaired, and has a report from the State
Inspector recommending repairs to be made . An estimate
of 4750 was received from Seltzer & Co. Inc . He said
he is not sure that he will have enough money in his
account to carry him to the end of this year, but he did
feel that the repairs should be made .
Mr. Richards asked if the boiler would go through
the year and Mr. Carroll said they thought it would but
would not guarantee it .
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Upon motion duly made and seconded, it was voted
to authorize Mr . Carroll to have the necessary repairs
made to the boiler this year .
Mr. Carroll read off a list of the streets in Town
that have been constructed as Chapter 90 projects and
reported that, according to the State Engineer, any
street can be constructed under Chapter 90 providing
it has been laid out by the County. Chapter 90 Chapter 90
maintenance is limited to streets that have been con-
structed with Chapter 90 funds . He said he thought
the basic steps should be taken to request funds this
year or next year to reconstruct Massachusetts Avenue
by petitioning the County Commissioners to lay it out.
He said it will have to be reconstructed within the
next two years and there is a serious drainage problem.
involved.
Upon motion duly made and seconded, it was voted Relocation
to petition the County Commissioners for relocation and Mass . Ave .
specific repairs to Massachusetts Avenue .
Mr. Carroll reported that he had received a list
of suggestions on reconstruction of Concord Avenue
from the people in Five Fields as to raising the grade ,
moving the pavement and some other items. He went
over them with the designer for the State who felt
they could move the road slightly near the top of the
hill and it might save a couple of trees . In the
field the construction engineer felt something might
be done with two or three other suggestions, but none
of them will do a great deal about saving the trees. Concord Ave .
He reported that 50 trees were posted to be removed
and hearings were held today attended by the contractor,
the State Engineer, Tree Warden and people from the
area who followed along and objected.
Mr. Carroll explained that any damages should
have been settled when the road was laid out and stated
that it would not be wise to spend $6,000 or 67,000
to build stonewalls . He reported that there is a
provision in the contract whereby any stones will be
pushed back onto the properties if a request is re-
ceived in writing. He said also that he did not think
the road should be less than 28 feet and if it is moved
off center, it will cost several thousand dollars to
replace the walls . He said he planned to take down
the trees which should come down and to which there
were no objections . Trees, where there is any possible
chance of saving, will be left up so that if they have
to be taken down, the people will have had an opportunity
to see that it was necessary.
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At the conclusion of the discussion with Mr. - I
Carroll, letters from G. Richard Hendrick, Stephen
Waldron and a memo from Messrs . Eisenberg, Waldron
and Kingston, representing Five Fields Association,
were noted.
Upon motion duly made and seconded, it was voted
that the Tree Warden be instructed to proceed with the
removal of the trees as posted after another review
on Wednesday with Mr. Carroll to determine which trees
could be excepted from the list. It was further voted
to write those people who raised written objections
that requests, insofar as feasible , will be given con-
sideration and any stones of the walls which will have
to be disturbed will be moved back on their property, .,
but not placed as a wall, if a request is made in
writing.
Copy of Mr. Stevens ' letter to Mr. Carroll was
received relative to Mr. Reenstierna' s opinion as to
Cemetery the market value of five lots in Westview Street,
land which are being considered for addition to the Cemetery.
Mr. Carroll stated that he would like to close
the dump at five o' clock, effective October 1, rather
than wait for Daylight Saving to become effective as
Dump it will be dark at five before Daylight Saving time .
Upon motion duly made and seconded, it was voted
to close the Town Dump on Lincoln Street at 5:00 P.M. ,
effective October 1, 1961.
Mr. Carroll brought up the subject of cross sections
on subdivisions and upon motion duly made and seconded,
it was voted that in the future all sections of Emerson
Road and Worthen Road would be paved forty-four feet wide .
The Chairman reported on the meeting with Mr.
Carroll, Mr. Soule and Mr. Snow and said that it was
suggested at that meeting that a layout of Worthen Road
Worthen Rd. be made over the location of Wellington Lane to connect
Route 2 to Route 2. She also reported she talked to Mr . Hue
and wrote a letter to the State Department of Public
Works . The Board approved the Chairman' s action.
The Chairman read a letter from Mr. John B. Byrne , Jr.,
Gas Inspector, relative to permits and fees for gas
fittings.
Upon motion duly made and seconded, it was voted
to establish the following schedule relative to permits
and fees for gas fittings:
1. Permits for Gas Fitting shall be issued
to Master Plumbers only, who must be Gas Permits
registered with the Inspection Department. and Fees
2. Fees charged for Gas Fitting Permits;shall
be comparable to fees charged for Plumbing
Permits, namely, new construction, $2.00
plus 25% per fixture, and alteratinns,
$1.00 plus 25% per fixture .
Letter was received from Mr. Paul F. Reardon,
75 Woburn Street, advising that he would like to
participate in the Town' s insurance program.
It was agreed to advise Mr . Reardon that it is Insurance
the opinion of the Board that the list of agents now
participating is as large as desirable and no increase
is anticipated. However, if for any reason any agent
drops off, the Board will consider those who have ex-
pressed the desire to be included.
Letter was received from Brewer & Lord relative
to Public & Institutional Property Form Town of Lex-
ington. The subject was discussed and the Board Insurance
questioned the proposed total of $13, 620,000.
It was agreed to request a breakdown on the
valuations and to consider the subject further at
a later meeting.
Letter was received from Mrs . D. S. Goddard,
1123 Massachusetts Avenue , requesting a signal light
at the corner of Massachusetts Avenue and Marrett Road. Traffic
It was agreed to have Mr. Carroll arrange for
a taffic count and to so advise Mrs . Goddard.
Letter was received from Mr. Irwin, Building
Inspector, relative to his suggestion that a study be Fencing
made of the problem of fencing private swimming pools . swiuuning
Mr. Richards said he thought the Town would have pools
to have a By-Law and he would file a report, as a
member of the Committee appointed to study the subject,
and suggest the adoption of a By-Law.
Further consideration was given to Mr. Leon A.
Burke ' s application for a license to operate a motor
vehicle with attached observation carriages . Historic
Mr. Adams left the meeting during the discussion. Tour train
Mr. Richards suggested a public hearing at which
time the townspeople could decide whether or not this
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is a venture they would want. He said it is a subject
that involves a great number of people in Town and he
would like to know whether or not the people who are
going to be subjected to the vehicle going past their
houses would want it . He said if those people are
in favor, and the Historical Society is in favor, he
would have no objection .
Upon motion duly made and seconded, it was voted
to write Mr. Burke that the Board has agreed to hold
a public hearing inasmuch as his proposed venture would
involve a number of townspeople , and. give those people
who are going to be subject to the vehicle going by
their homes an opportunity to express their opinions;
the expense involved and the responsibility of com-
piling the names and addresses to be as:umed by Mr.
Burke .
Application was received from Donald W. Coleman,
19 Porter Road, Waltham, for a license to operate a
License taxi .
The Chairman read a letter from Chief Rycroft,
and upon motion duly made and seconded, it was voted
to deny Mr. Coleman' s request .
Mr. Adams brought up the subject of paid holidays
for the firemen and suggested paying them the same
number of holidays that the men in the Public Works
Department are paid for.
Paid Upon motion duly made and seconded, it was voted
holidays to advise the Commissioners that the schedule of vacations,
paid holidays, and sick leave should be adapted by the
Fire Department to suit the schedules of its personnel
with the idea in mind that the personnel of the Fire
Department will receive no additional benefits or no less
benefits than any other employees of the Town.
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen' s Meeting held
on August 28, 1961.
It was agreed to meet at the Chairman' s home on
Thursday, September 7, at 8:30 P.M. for the purpose of
considering applications for the position of Executive
Assistant . This not being a regular meeting of the
Board, it is not to be posted.
The meeting adjourned at 11 :12 P.M.
A true record, Attest :
Executive Clerk, Selectmen ''