HomeMy WebLinkAbout1961-04-17-BOS-min 446
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SELECTMEN'S MEETING
April 17, 1961
A regular meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building,
on Monday, April 17, 1961, at 7:30 P.M. Chairman
Morey, Messrs. Adams, Cole and Richards were present.
Mr . Stevens,. Town Counsel, Mr. Carroll, Superintendent
of Public Works, and the Executive Clerk were also
present.
Mr. Stevens referred to petition filed in the
Land Court by Mr. Alexander Palladino, 201 Massa-
chusetts Avenue , for registration of his land. He
recalled that the Board had decided that Mr. Stevens
was to find out if Lot 7-A had been registered, and
Palladino he found out that it had hot been registered. The
Land Board' s feeling, when this originally came up, was
that if Lot 7-A was registered, it would go along
with the straight line as indicated on the plan pre-
sented at that time . Since it has not been registered,
he checked with Mr . John Carroll for recommendations .
Mr. Carroll reported that he had scheduled a
meeting with Mr . Fred Joyce to see if he could find
out exactly what the details are .
Mr. Stevens mentioned the MDC sewer assessments
and explained that under the provisions of Chapter
230 of the Acts of 1961, the MDC is authorized to
NDC assess- change the percentages if they find inequities and
ment must do so prior to December 31, 1961. He reported
that it appears now that possibly Lexington will re-
ceive a small reduction.
Mr. Stevens retired at 8:00 P.M.
Mr. Carroll reported that he had a conversation
with Mr.Paul Shepard of C .C . & F. on the dump site
and the C-3 zone . He presented a plan,. given to him
Dump site by Mr. Shepard, and indicated sites #10 and #8. He
pointed out three buildings they propose to erect
along Hartwell Avenue and indicated where the Town
would like access across C . C . & F. land. He stated
that Mr. Shepard' s feeling was that there is a pos-
sibility C . C . & F. would let the Town acquire all of
the land they own between Hartwell Avenue and Site #10.
Mr. Richards said that as near as he knew, with-
out looking at the taking, it could be used for pur-
pose of travel or agriculture.
447
Mr. Carroll said C . C . & F. could see no problem.
He said a 12-inch water main was recommended to be
placed in the road the Town is to build and it was to
go from Westview Street down Maguire Road. He said
he did not see any need for a water main on Maguire
Road as Itek already has water. He said the question
now is what future water requirements would be in the
entire area. He said they talked about the possibility
of running a water main down an easement which C . C . & F.
would have to give the Town off Westview Street to
Hartwell Avenue . It would serve their three buildings ,
but the Town would also have water for Site #8 develop-
ment in the future .
With reference to the C-3, Mr. Carroll recommended
a 12-inch water main at Wood Street and Massachusetts C-3 zone
Avenue over to Marrett Road and to extend the 8-inch
line as far as the end of the construction for the
present. He explained that there would then be a loop
in the system. He stated that if the land is zoned for
industry, water would have to be provided.
Mr. Richards asked who decided it was going to
be zoned for industry.
Mr. Carroll replied he understood that the Plan-
ning Board and the Board of Selectmen were in favor .
111 Mr. Richards said he agreed with the plan for
extending the water, but he was not aware that the
Board of Selectmen ever announced it was in favor of
that land being zoned for industry. He said it would
have to be coordinated with the National Park Service .
Messrs. Stevens, McQuillan and Mr. Paul Yarin,
34 Webster Road, met with the Board.
The Chairman said she thought Mr. Adams had
talked with Mr. Yarin. He had met her and Mr. Adams
one day and she referred him to the Board of Health. Yarin sewer
She stated that she understood he had a meeting with system
the Board of Health for a good part of an evening and
was dissatisfied and wanted to see the Board. She
said, in looking over the minutes of the meeting and
the report of the Board of Health, she did not know
why Mr. Yarin was dissatisfied .
Mr. Yarin said he came bef6re the Board because
he felt his problem was with the Selectmen because
the health problem was already established. He said
there is a point that he has definite proof that in
installing the leaching field in building the house
he lives in, no leaching field was put in but the in-
spector' s certificate shows a diagram that the leaching
field did exist. He said he could have the testimony
of may witnesses that there is not a leaching field
there and also the testimony of Judge Brooks of the
448E
Middlesex Court who tookit up with the builder In
a letter, the Judge states the; without any doubt there
is no leaching field there . He explained that the Judge
was there because of a suit Mr. Yarin had against the
builder.
The Chairman asked if Mr. Yarin was awarded damages
but collected nothing.
Mr. Yarin replied that he was awarded 63300 but
there was nothing there because the corporation had
been dissolved. He said the Board was reading the
minutes of the Board of Health meeting which was a
meeting so onesided he never thought he would become
involved in a situation like that .
The Chairman asked if when the house was built,
the sanitary drainage was put in as sketched on the
permit.
Mr. Yarin replied that it was not put in at all .
The Chairman said something else was put in after
that and asked if that was what Mr. Yarin was asking
the Town to pay for.
Mr. Yarin replied that he was more concerned about
living in a Town where such things could happen and he
was interested merely in bringing to justice the situ-
ation that Mr. Capone, the engineer for Whitman & Howard,
inspected leaching beds, signed the permit and involved
Mr. Lurvey. He said Mr. Capone did not do this entirely
in the dark. Mr. Yarin contacted the plumber who worked
on the house and he told Mr. Yarin exactly what Mr . Yarin
found but did not witness the digging up. He told Mr.
Yarin they ran a short pipe from the distribution box
to the next door neighbor' s property to their leaching
field.
Mr. Adams asked for the date when Mr. Yarin pn-
chased the house .
Mr. Yarin stated he bought the house in 1957. He
worked on the leaching field in the early part of 1959.
The early part of 1959 he dug up to lookyyfor the leach-
ing field and aTrunoff pipe fors twenty-five
feet or
to the neighbor' s property. He leaching
was in the opposite direction and at that point he con-
tacted Mr. Lurvey. He said this was after pumping the
leaching field continuously. He said he submitted bills
in Court in the amount of $250 just on pumping the
leaching field. Mr. Lurvey told him he would have a man
from Whitman & Howard come down and design a new leach-
ing field if Mr. Yarin hired the contractors. He said
he was of the opinion that Mr. Lurvey said the Town
would pay for the engineering services, but he may have
misunderstood and was not going to push because of his
respect for Mr. Limey. He said they laid out a leaching
449
field that cost him $917 and it was a monstrosity.
The Workmen would not guarantee the leaching field
because it was not a sand design. They also told him _
it was ridiculous to build this if the sewer was coming
in because it could have been built for $200 or $300.
He said the Town Engineer laid it out and when the work
was done , he went to Mr. Lurvey and told him they wanted $917.
He said they had quite a discussion about misinterpretation
of the statement . He said he paid the man the money and
that was in May. He stated that in April and May the
leaching field was put in. The trial came up and the
Judge came out on June 17 and had the property dug up.
It was found that nothing existed there , and the builder
admitted nothing was there . He said the Court was brought
there and it was part of the trial. On June 17, the Judge
was there and on July 29, he wrote Mr. Yarints attorney a
letter asking him to put the claim for the leaching field
in the original suit against the builder. He said previous
to that he had understood the Town was paying for it. He
said he has no ax to grind with Mr. Lurvey.
Mr. Richards asked what Mr.Yarin wanted tom the Town.
Mr. Yarin said he thought there is a situation of
corruption and he would like this matter cleared up.
Mr. Richards said those were serious charges and
asked for evidence of malfeasance .
Mr. Yarin said he was referring to Mr. Capone , the
man who signed the permit. He said it was signed by
Mr. Capone as an engineer for Whitman & Howard represent-
ing the Town to take the overload of the work off the
Health Department.office .
Mr. Richards asked if Mr. Yarin felt that Mr.
Capone was guilty of wrong doing in the execution of
the permit and asked if he enjoined him in the suit .
Mr. Yarin replied in the negative . He said the
first person he ever sued in his life was the builder.
Mr.. Richards said he did not enjoin Mr. Capone .
Mr. Yarin said it is not pleasant to come to the
Town and sue an agent of the Town. He said he thought
it could be worked out here . He said if it is of no
concern to the Board, he did not know where he was
living.
Mr. Richards said Mr. Yarin was making a serious
charge and he wanted to know the facts .
Mr. Yarin aaid Mr. Capone was an agent of the Town.
Mr. Richards asked what Mr.Yarin was indicating.
The Chairman said the leaching bed was brought up
in Court and the decision was in Mr. Yarin' s favor.
Mr. Richards asked if Mr. Yarin challenged the
inspection and Mr. Yarin replied that it could not be
III inspection because he has a Judgets statement saying
it never existed. He said the charges were not made
H.a
4.50CD
girD
against the Town of Lexington.
Mr. Richards said that Mr. Yarin had made a charge
against I,hAgent of the Town.
Mr. Yarin said he certainly was .
Mr. Richards said he would like more details of
the facts . He asked if Mr. Yarin had discussed this
with Mr. Capone .
Mr. Yarin replied that he never talked to him or
never met him.
Mr. Richards asked if he discussed it with Whitman
& Howard.
Mr. Yarin replied that he talked to an agent and
he suggested, in a sarcastic manner, that I sue .
Mr. Richards asked exactly what Mr. Yarin wanted
now.
Mr. Yarin said he would like the situation straightened
out with Mr. Capone and Whitman & Howard. He said if
their agent has let them down in a small way, it is large
to him. He said he did not think the taxpayer ' s money
should pay them every year when they don' t do the job
right. He said he came to the Selectmen for help. He
said the $900 is no longer important to him.
Mr . Richards said the Board set a hearing for
this evening to see what Mr.Yarin had to say and it
would be his impression that the Board could determine
what the facts are and then let him know what its re-
action is. He said Mr. Yarin made certain allegations
and he would like to know more . He would like to hear
from Whitman & Howard and further from the Board of
Health, and after examining the facts, the Board would
be better able to decide .
The Chairman said the Board would talk with
Whitman & Howard and look into this in that direction
and Mr. Yarin would hear from the Board.
Mr. Yarin retired at 8:45 P.M.
Mr. Richards suggested, and the Board agreed, that
a letter be sent Whitman & Howard asking whether or not
the work completed for Mr. Yarin in redesigning the
leaching bed tas done at the direction of the Town or
of their own volition.
It was also agreed to ask the Board of Health to
explain what the situation was relative to inspection
of systems .
Messrs . Nickerson, Ballard, Emery, and Redman, of
the Board of Appeals, and Mr. Irwin, Building Inspector,
Board of met with the Board to discuss enforcement of the Sign
Appeals By-Law and violations of the Zoning By-Law .
Following a lengthy discussion, the Board of Appeals
and Mr. Stevens retired at 9:35 P.M.
451
Messrs . Soule , Meyer, Bryson, Maybee , and Grindle
of the Planning Board, and Mr. Snow, met with the Board.
The Chairman explained that the Selectmen are
anxious to know the location of Worthen Road as it joins
Route 2 because there is a contract to be let on the
sewer extension. She said the Board has to have this Worthen Rd.
information for design and has to know it quickly.
Mr. Soule presented a plan showing a study made
4 by Mr. Burns in 1952 and said there is no plan in ex-
istence beyond this one . He explained the taking made
by the State and said Worthen Road could follow Wellington
Lane or could follow this road (indicating it on the map)
and go into the proposed circle at Watertown Street.
Mr. Carroll traced the proposed location of the
sewer.
Mr. Soule said • the Town can' t get across the State
taking and if Route 2 is going to be constructed, they
will join Route 2 to an existing road . If the Town
wants Worthen Road to connect to Route 2, it must be
constructed and not just laid out. He said this means
it will have to be constructed across the Tower estate
land and from there through to Route 2.
No decision was arrived at.
The Chairman referred to the Harrington School
playground area and stated that Mr. Carroll has had
calls from the School Department about the pond and
asked what the plans were for the pond.
Mr. Snow presented a plan entitled "Harrington
School Recreation Area" and said he talked with the Harrington
Recreation Committee in 1958 when it asked for a School Pond
certain amount of land put aside for additional facil-
ities . On the basis of this, the Planning Board deter-
mined the amount of area needed, and it was to be used
for a picnic area, skating area, baseball and room for
two tennis courts . He said the pond is four or five
feet deep now but normally it is dry.
Mr. Richards said it is his opinion that the pond
is an asset and he would dislike to see it eliminated.
Mr. Snow stated that one reason the land was ac-
quired was there was a pond for a skating area.
The Chairman read a letter from the Planning
Board stating that a detailed study should be made
of existing conditions at the Woburn and Lowell Street Countryside
intersection. traffic
Mr. Carroll presented a plan showing the area.
Mr . Soule asked to have a copy and said the
Planning Board would study the problem.
452
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The Chairman said that Mr. Carroll has had some
discussion with C . C . & F. about the sanitary land
fill areas . She explained they are concerned about
rezoning the Rinaldo property because they need sewer
if it is going to be used and have implied that the
Planning Board is in favor of the zoning should they
C . C . & F. bring it up.
Mr.Soule said the Planning Board had not voted
on the matter but he believed the Board would con-
sider a rezoning in that area.
Mr. Snow said that the National Park Service is
trying to have a study made 600 feet south of Route
2A and this Rinaldo property is involved.
Mr. Richards said that any stand to be taken
should be based on at least an answer from the
National Park Service of what their plans are . He
said if Route 2A was moved to run parallel, he assumed
the land in between would be absorbed into park area
and therefore the land would be substantially reduced.
He said he also questioned the advisability of having
C3 land adjacent to a park.
Mr. Soule asked if the area of the remaining land
was sufficient for C . C . & F. to erect a building on.
No action was taken on the matter.
The Chairman read a letter from Mr. Snow, together
with copy of letter from Whitman & Howard, in regard
to the proposal to make a direct road connection from
Hanscom Field to Route 128.
Mr. Soule reported that Whitman & Howard have
been engaged by the Air Force to make a study of .an
access to and for the Air Force . The sketch, attached
to the letter, showed a proposal to bringyan access
from the Air Force out to 128 which the Planning Board
would like very much to see . He said the' Planning
Board would like recommendations from the Selectmen
and then they would consider it further.
The Chairman asked to see the plan next week and
it was agreed to discuss the subject with the Planning
Board at the next meeting on April 2L. at 9:00 P.M.
The Planning Board retired at 10:35 P.M.
Upon motion duly made and seconded, it was voted
Minutes to' approve the minutes of the Selectmen' s Meetings
held on April 3, 5 and 10.
Mr. Carroll presented a plan entitled "Plan and
Profile of State Highway", Route 128 and explained the
proposed water and sewer mains he recommends for future
use . I
453
Upon motion duly made and seconded, it was voted
to grant the petitions and sign orders for the follow-
ing ,j/o pole locations , all approved by Mr . Carroll:
Wingate Road, northwesterly side, northeasterly from
a point approximately 115' northeast of Diana Lane ,--
Five (5) poles.
Dewey Road, northeasterly side , northwesterly from a
point approximately 25 feet northwest of Gould Road,--
Five (5) poles.
Dewey Road, southeasterly from a point approximately
30 feet southeast of Gould Road, --
Seven (7) poles - guy wire and anchor on the 4th
and 6th poles .
Leeland Terrace , southeasterly from a point approxi-
mately 150 feet southeast of Wingate Road, --
Two (2) poles .
Emerson Road, northeasterly side, northwesterly from
a point approximately 400 feet northwest of
East Street, --
Five (5) poles - guy wire and anchor on the 1st,
3rd and 4th poles .
Gould Road, southerly side, easterly from a point ap-
proximately 30 feet east of Grove Street , --
Seven (7) poles.
Alcott .Road, northwesterly from a point approximately
150' northwest of Thoreau Road, --
Five (5) poles .
Moreland Avenue, northwesterly side, southwesterly
from a point approximately 5 feet southwest of
Moonhill Road, --
Four (4) poles .
Moreland Avenue, northwesterly side, northeasterly
from a point approximately 60 feet northeast of
Davis Road, --
Four (4) poles .
Peachtree Road, northeasterly side, southeasterly from
a point approximately 20 feet southeast of Woburn
Street, --
Seven (7) poles - guy wire and anchor on the 5th
and 7th poles .
Peachtree Road, southeasterly from a point approximately
15 feet southeast of Blodgett Road, --
Five (5) poles .
(This cancels and supersedes order adopted by the Board of
Selectmen on March 5, 1956, and record in Book 36, Page 15. )
454
Letter from the Hancock Church relative to the
Sidewalk sidewalk on Massachusetts Avenue from Clarke Street
to Forest Street was held over .
•
The Chairman read a letter from Busa Realty Trust
Bus - Stop requesting the Board to move the bus stop from in front
of 131-133 Massachusetts Avenue approximately thirty
feet north or on the other side of the driveway. They
Street light also requested the installation of a street light op-
posite 131 Massachusetts Avenue .
Mr. Carroll reported that the street light has
been taken care of.
The Board was not in favor of moving the bus stop.
Mr. Carroll retired at 11:15 P.M.
Officer Casey' s offer of $200 for tax title lot 23,
Tax title block 89 Garfield Street was held over.
Letter was received from the Planning Board ad-
vising that an option had been obtained, signed by
Richard H. Soule and Phoebe H. Soule under which the
Town may acquire easements for public travel, in two
parcels of land abutting on Eldred Street at a price
of $1500.
Upon motion duly made and seconded, it was voted
to exercise the option.
Letter was received from the Chamber of Commerce
relative to the traffic on Lowell and Woburn Streets.
It was agreed to advise the Chamber that the sub
T,,affic ject has been under consideration and the Board is
working with the Planning Board, Superintendent of
Public Works, and the Traffic Study Committee in an
effort to arrive at some feasible solution.
Upon motion duly made and seconded, it was voted
to amend the Traffic Rules and Regulations byadding
to Article V, Section 2 (No Parking) the following:
Bedford Street . On the westerly side from
Reed Street northwesterly
to the Boston & Maine Rail-
road tracks .
Vine Brook Road. On both sides from Waltham
Street for a distance of
ninety (90) feet southeasterly.
1
•
4Ri_lR
The Chairman read a letter from Mrs . Rich, Tax Col-
lector, inquiring about the purchase of new billing
machines. She has held up her order of 16,000 motor
vehicle excise tax bills. Billing
It was agreed to suggest to Mrs . Rich that she machines
place her order inasmuch as it may be some time before
any definite action is taken relative to the acquisition
of a new billing machine .
Letter was received from Alden W. Jefts, on behalf
of the Battle Green Chapter, Order of DeMolay, request-
ing permission to sell ice cream April 19 from a stand
to be located at the Masonic Temple , and by DeMolay boys
carrying boxes on Massachusetts Avenue .
Upon motion duly made and seconded, it was voted
• to grant the request .
Letter was received from Dean Blake , 40 Prospect
Hill Road; requesting a one-day peddler' s license to
sell flags and balloons in the doorway of the Colonial License
Pharmacy.
Peddler's licenses are issued by the State and it
was agreed to so advise Mr. Blake and to enlcose a copy
of the rules and regulations for hawkers and peddlers .
Letter was received from Edward F. McLaughlin, Jr.ri
Lieutenant Governor, relative to Cerebral Palsy Month,
requesting permission to conduct a Tag Day on Friday,
May 19. Tag Day
In keeping with the policy established some time
ago limiting Tag Days to Legion, V.F.W. and Little
League, it was voted to deny the request.
Upon motion duly made and seconded, it was voted
to approve bond #632130 in the amount of $1,000 on Bond
behalf of Hazel J. Murray, Executive Clerk.
Upon motion duly made and seconded, it was voted
to grant the following licenses:
Brigham' s, Inc . Sunday Sales renewal
F. K. Lowry '' a
Town Line Pharmacy, Inc. " , "
George H. Phelan Peddler
Upon motion duly made and seconded, it was voted
to request the Appropriation Committee to transfer
$436.50 from the Reserve Fund to the Town Report ap-
propriation.
111
456' , F�
Upon motion duly made and seconded, it was voted
Appointment to appoint Mr. Robert P. Trask, Jr. , a member of the
Board of Public Welfare and Bureau of Old Age Assistance
for a term expiring March 31, 1962.
Upon motion duly made and seconded, it was voted
to appoint the following Special Police Officers:
SPECIAL POLICE OFFIU S - TERMS EXPIRING
March 31, 1962
(Mrs . ) Ruth Morey Selectwoman
Alan G. Adams Selectman
Gardner C . Ferguson
Lincoln P. Cole , Jr. It
Norman J. Richards
Bernard J. Belcastro Chief, Fire Department
John J. Carroll Sup' t. Public Works
Paul Mazerall Park Department
Anthony Rochette Janitor, Town Office
George Doughty, Jr. School Department
Thomas F. Ryan
Louis A. Bonney
Anthony J. Janusas " n
Thomas Sullivan
David Kidd n "
William P. Casey " n
Clyde L. Hayne
Duncan F. Swan " "
Oscar Heimlich — It 4°
Edward. P. Stevens TT "
John Blodgett "
Nicholas J. Delfino
Philip P. Braun
Herman A. Mahon " n
Joseph Bluteau
Raymond Stevens " "
Edward J. McDonnell Cary Memorial Library
Charles W. Varney Middlesex County Sanatorium
William J. DiCicco " " "
Robert F. Ingram " " "
William L. Harrington Metropolitan State Hospital
John W. Alexander
Henry Brown, Jr. It " "
457
ISPECIAL POLICE OFFICEES - TERMS EXPIRING (CONT'D. )
March 31, 1962
M.I .T LABORATORIES
Joseph E. Ewers Wentworth J. Marling
12 Old Coach Road 101 Dodge Street
Weston, Mass. Beverly, Mass .
William L. Spiers, Jr. August S. Cidado
185 Lowell Street 39 Tufts Street
Lexington, Mass . Arlington, Mass .
Edward T. Gallagher Henry Crowninshield
8 Spring Lane 7 Paul Avenue
Maynard, Mass. Woburn, Mass.
Howard D. Ryder John A. Carroll
2 Wilson Road 4 Roberts Road
Lexington, Mass. Framingham, Mass.
Robert J. Vinsec Arthur L. Goodfellow
93 Winthrop Street 71 Ossipee load
Waltham, Mass. Somerville, Mass .
Bertram M. Adams, Jr. Lewis M. Laing
127 Wyoming Avenue 3 LaRiver Road
Malden, Mass . Saxonville , Mass .
William K. Wright
Hildreth Street
Westford, Mass .
It was agreed to invite Chief Rycroft to meet with
the Board next Monday night to discuss police matters.
Letter was received from the Veterans of Foreigh
Wars inviting the Board to an installation of post
officers at the Belfry Club on April 25 at 8:30 P.M.
The meeting adjourned at 11:25 P.M.
A true record, Attest:
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