HomeMy WebLinkAbout1961-05-22-BOS-min 605_:
ISELECTMEN'S MELTING
May 22, 1961
A regular meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building,
on Monday, May 22, 1961, at 7:30 P.M. Chairman pro
tem Adams , Messrs. Ferguson, Richards and Cole were
present . Mr. JRhn J. Carroll, Superintendent of
Public Works, and the Executive Clerk, were also
present .
Mr . John Rutherford, 21 Highland Avenue, met
with the Board relative to his application for a
license to be a guide within the limits of the License
Town. Satisfactory reports were received from Mr.
John J. Garrity and Chief John W. Rycroft.
Following a motion to grant the license , Mr.
Adams presented Mr. Rutherford with his badge , at
which time he retired.
At 7:30 P.M. , hearing was declared open upon
I petition of the Boston Edison Company for per-
mission to locate one pole on Concord Avenue, north-
easterly side, approximately 385 feet southeast of
Barberry Road.
Mr. Mahon, representing the petitioner, was
the only person present at the hearing . He ex-
plained that there is an existing pole in front Pole
of a house now under construction and it inter- location
feres with the proposed driveway. The company is
petitioning to relocate the pole to the line
between this house and the house next door .
No one appeared in favor or in opposition and
the hearing was declared closed.
At 7:35 P.M. , hearing was declared open upon
petition of the Boston Edison Company and the New
England Telephone and Telegraph Company for per-
mission to locate four poles on Hancock Street. Pole
Mr. Mahon, representing the Boston Edison locations
Company, explained that these poles were regulated
to a new sidewalk construction grade constructed
by the Town. These are what the company calls
kickback locations in regard to the new sidewalk .
No one appeared in favor or in opposition and
the hearing was declared closed.
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At 7:LE0 P.M., hearing was declared open upon
petition of the Boston Edison Company and the New
England Telephone and Telegraph Company for per-
mission to locate one hip guy and anchor on Hancock
Hip guy and Street, easterly side, from a pole located approxi-
anchor mately 605 feet north of Adams Street .
Mr . Mahon, representing the petitioner, Mr.
Wallace G. Knights, 63 Hancock Street, were present
at the hearing.
Mr. Mahon explained this is a matter that had
been handled by the telephone company. There has
been a private guy wire on property of the Peter
Koletas and he has asked the telephone company to
remove the guy from his property. He said this does
not affect the Knights ' property. He said the pie ,
#28, is what is called a pull-away pole . It will
remain where it is and the guy will be placed on Town
property.
Mr. Knights had no objection and the hearing
was declared closed.
At 7:45 P.M. , hearing was declaredopen upon peti-
tion of i.ttr Boston Edison Company and the New England
Telephone and Telegraph Company for permission to lo-
Hip guy and tate one hip guy and anchor on Waltham Street, north-
anchor westerly side, from a pole located opposite Winthrop
Road Extension.
Mr. Mahon, representing the petitioner, was the
only person present at the hearing .
Mr. Mahon explained that the telephone company
plans to put heavier construction on the pole and is
of the opinion that a hip guy and anchor would help
maintain the service .
The hearing was declared closed.
Hearing was declared open upon petition of the
Boston Edison Company and the New England Telephone
and Telegraph Company for permission to locate one
pole on Wood Street, southwesterly side , approximately
Pole 245 feet northwest of Holton Road.
location Mr. Mahon, representing the Boston Edison Com-
pany, was the only person present at the hearing.
He explained that the company plans to bring a line
from its easement tc the existing line on Wood Street
to feed MIT. The pble in its present location does
not lend itself to a straight pull away, thus the
petition.
The hearing was declared closed, and Mr. Mahon
retired at 7:55 P.M.
Upon motion duly made and seconded, it was voted
to approve the petitions and sign the orders for the
pole and hip guy and anchor locations as submitted .
Upon motion duly made and seconded, it was voted
to approve the petition and sign the orders for the
following conduit locations , requested by the New
England Telephone and Telegraph Company, upon which
hearings were held on May 15, 1961:
Waltham Street : - Northerly 4 feet from the Waltham-
Lexington Line . Pole
location
One pole . (Also remove one pole ) .
Bedford Street: From manhole 54/56 at Hancock Street,
northwesterly to manhole 54/100, approximately
952 feet of conduit .
Massachusetts Avenge : - From manhole 54/80 at Lincoln Conduit
Street, northwesterly approximately 5249 feet of locations
conduit .
Mr. Carroll reported that bids were opened at
4:00 P.M. today for the construction of sidewalks
in Forest, Eldred and Grove Streets . He explained Sidewalk
that the low bidder was A. Lucchetti & Son - B. R. bids
Construction Co. , joint bidders, who submitted a
figure of $8400. He said he did not know anything
about the bidder and would check .
Mr. Carroll reported that bids were also opened
for sewer laterals and the low bidder was Susi &
DeSantis Co. , Inc . , who submitted a figure of $120,206.56
He recommended that the contract be awarded subject to
Whitman & Howard checking the bid to make sure it is Sewer bids
correct. He said if the figures are correct, he hopes
to have the contract ready for signatures next Monday.
He explained that he is anxious to have the work started
. because the sewer will go below the MDC water pipe and
he wants to have it done before the MDC work starts .
Upon motion duly made and seconded, it was voted
to .award the contract to Susi and DeSantis Co. , Inc . ,
in the amount of $120,206.56. , subject to Whitman &
Howard checking to make certain the figure is correct .
Mr. Carroll reported that a couple of street
lamps at the corner of Marrett Road and Massachusetts
a
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Oppin
Avenue were broken. He stated that the Boston Edison
Company recommends the installation of mercury vapor .
Street He and Chief Rycroft looked at the area and both agree
lights that it would be improved by mercury vapor lights .
The cost of a 6,000 lumen is $63.60 per year and the
11,000 lumen is $76.80 per year.
Upon motion duly made and seconded, it was voted
to approve two 11,000 lumen vapor to replace the two
broken lamps .
Mr. Carroll reported that he and Mr. Stevens
went up to the Air Force this week and had a meeting.
They worked on the contract Wednesday and went to see
them Friday morning. There was some question as to
whether or not the Air Force wanted the contract for
ten years or have the revised rates continue for ten
years and the contract be in effect beyond that time .
Air Force There was also a question on the route of the 21.E-inch
Contract main. He stated that the most important point on which
there has not been an agreement reached is the maximum
amounts on the contract . He said he would like to work
with Whitman & Howard and go over this, after which he
could sit down .with the Air Force and straighten out the
maximum limit . He stated that there was also a question
about the rates in the contract . He explained that he
is trying to arrive at a limit of the contract that is
protective and he wants more information as to how to
handle this maximum limit .
The Board authorized Mr. Carroll to engage a man
from Whitman & Howard for a day or a day and a half,
the expense to be borne by the Town.
Mr. Carroll reported that the cost to construct
Buckman Drive is approximately $4,000, not including
land acquisition.
Buck_man Dr . The cost of constructing Summit Road is approxi-
Summit Rd. mately $13,500; a water main should be installed at a
cost of $4,000. If the street is constructed, he re-
commended that the piece out to Follen Road be widened,
it now being twenty feet, at a cost of $8,000 .
Mr. Carroll retired at 8:45 P.M.
Mr. Norman May met with the Board and reported
that he had seen the Planning Board and it agreed
to call a hearing relative to an amendment to the
Zoning Zoning By-Law to include a Special Commercial District,
the vicinity of the Cambridge-Concord Highway Route 2
and Route 128. The hearing will be three weeks from
this Thursday, and the advertisement will start this
week. He explained that he had 135 signatures, and
more coming in, calling a Special Town Meeting for
June 19, 1961.
Mr. May retired at 8:45 P.M.
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Mr. Donald K. Irwin, Building Inspector , met
with the Board.
The Chairman explained that the Board started a
precedent last year talking to the various inspectors
to determine whether there were any problems they had
or the Board had. He stated that this year there had
been a close liaison on the zoning enforcement .
Mr. Richards told Mr . Irwin that he appreciated
receiving his reports that have given the Board an Building
opportunity to follow up continuing problems . He said Inspector
he was still disturbed about the question of signs .
Mr. Irwin said that after the first of June , if
anyone refuses to conform, the Town will be forced to
test it.
Mr. Irwin said that , with the growth of the
department, he could see in the nea future a full-time
gas inspector, full-time plumbing inspector, and a
full-time wire inspector. He explained that what used
to be 10% zoning is now 30% or 35%. He reported that
between zoning, signs, and the historic districts,
50% of his time is now spent on those three and he
was sure the other inspectors would verify it . He said
the industrial plants and school buildings require a great
deal of inspections. He also said the zoning enforcement
is a burden on the Town Counsel as the inspector can go
only so far and then the matter must be referred to Town
Counsel.
Mr. Irwin retired at 8:55 P.M.
Mr. John Byrne , Plumbing Inspector, met with the
Board.
The Chairman explained that the inspectors had
been invited in so that they and the Board would have
an opportunity to discuss anything each may have on
his mind. Plumbing
Mr. Byrne said that buildings such as Itek, Inspector
Raytheon, and schools require forty or fifty in-
spections .
Mr. Byrne said that most of the buildings in
Lexington Center are connected to the storm drainage
system. He stated the owners of property are per-
mitted to build up to the lot line and this raises
a problem. In other towns, the owners are permitted
to tie into the storm drainage system. He explained
that the Battle Green construction brought this matter
up.
Mr. Richards said that this was a type of regu-
lation that could not be waived by anyone .
Mr. Byrne said that this should not be under the
jurisdiction of the Plumbing Inspector; the storm
drain comes under the jurisdiction of the Highway
Department .
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The Chairman asked him if he would be inclined
to make a change, and Mr. Byrne replied in the affirmative .
Mr. Byrne retired and Mr . Jeremiah met with the Board .
The Chairman asked how the Wire Inspector ' s depart-
ment was going along, and Mr. Jeremiah replied that
everything is good now.
Wire Mr. Jeremiah said he did not think the Town was
Inspector realizing enough money from fees charged for the larger
buildings .
Mr. Jeremiah retired at 8:15 P.M.
Upon motion duly made and seconded, it was voted
to re-appoint Mr. Irwin as Building Inspector; Mr. Byrne
Appointments as part-time Plumbing Inspector and Mr. Jeremiah as
part-time Wiring Inspector, all for terms expiring
March 31, 1962. •
Mr. Mark D. Lurvey, Health Sanitarian, met with
the Board.
The Chairman reported that the Board had advised
Mr. Yarin, 34 Webster Road, that there is nothing the
Board can do for him relative to his sewage disposal
systems . He explained that. Mr. Yarin had made a state-
ment to the effect that Mr. Lurvey had said he would
pay for the extra labor on the second system.
Mr. Lurvey said that was ridiculous as he could
not obligate the Town in any way.
The Chairman asked the date Mr. Capone was re-
Yarin' s leased by Whitman & Howard.
sewage Mr. Lurvey said he understood Mr . Capone had left
disposal Whitman & Howard to take a better position but did not
know he left until just recently.
The Chairman asked when Mt'. Lurvey asked for an-
other Inspector and he replied it was. late 1954 or 1955,
but as far as he knew, Mr. Capone remained with Whitman
& Howard until recently.
Mr. Ferguson asked if Mr. Capone was discharged
from Whitman & Howard the same time he discontinued
working in Lexington.
The Chairman replied that he left Lexington in 1955.
Mr. Ferguson said that when Mr. Yarin was in, and
that was the first time he talked to him, he had two
complaints ; one was, he was trying to collect money
from the Town and the second wa: , he was prepared to
testify that the inspection was never made and the in-
spector from Whitman & Howard had filed with the Board
of Health a drawing of a leaching field which never
existed. It had been dug up and a false report had been
filed of an inspection of a leaching field. He asked
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if this had every. been taken up with Whitman & Howard.
Mr. Lurvey stated that the first thing he did was
to contact Whitman & Howard. They wrote back they were
satisfied the first system was there as put in the sketch.
Mr. Ferguson said the court dug this up and found
it nonexisting according to the sketch.
Mr. Lurvey said he did not see how they could dig
it up without taking a part of the new system. He stated
that Mr . Kraynik, who helps him, found evidence of the
old system and found pipe from the old system. He said
Whitman & Howard is standing on the fact that the old
system was definitely put in.
Mr . Ferguson said that Whitman & Howard was able
to find evidence of it that the court was not able to
find, and Mr . Lurvey replied th-;.t was right .
Mr . Ferguson asked if Mr. Lurvey had seen any
evidence of an old field that would satisfy him.
Mr. Lurvey replied he found a tank, distribution
box and leaching type sand that is used. He said that
was the evidence he found with his own eyes; that there
was definitely evidence of a leaching bed there .
Mr . Ferguson asked if Mr. Lrrvey was satisfied
from the investigation he made that the leaching field
as described on the permit was actually in existence
111 at that time .
Mr. Lurvey replied he wrote Whitman & Howard
stating that he was not satisfied with his findings
and wanted an explanation from them. He said that was
in 1959 .
Mr. Ferguson said if ttere is one that was this
way, maybe there were others and the Town is paying
Whitman & Hmard something it should not be paying.
Mr . Lurvey said he sends a man out to inspect
these systems when they are available and he told
his Chairman that he had to have another man because
he had to check Mr. Capone ' s work and make decisions
he should have made . He said since Mr . Kraynik came
out, the situation has been different .
Mr. Cole asked if it was possible for the court
to dig and not find the evidence .
Mr. Lurvey replied very definitely, it is a
difficult thing to prove .
Mr. Lurvey retired at 9:30 P.M.
The Planning Board met with thk Selectmen.
The Chairman read a letter from the Planning
Board with reference to the land fronting on Hartwell
Avenue in the light manufacturing district and dis-
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cussion with the land owners general proposals for the
area bounded by Bedford and Wood Streets, Route 128 and
Bedford Town line. The Planning Board wanted to know
what decisions the Selectmen had made and what. they pro-
. posed to do in regard to the Refuse Collection and Dis-
posal Study prepared by Fay, Spofford and Thorndike .
The Chairman explained that the Selectmen had ac-
cepted the report and have selected Site #10, west of
the tracks . He said the Board has gone along, without
much discussion, on the proposal submitted in the report
Dump sith and is now waiting for the plan and report on the borings .
Mr. Soule asked about the section east of the tracks,
and the Chairman explained that it has been the decision
bf the Board to come into the June Town Meeting proposing
that the land for both areas be taken by eminent domain, and
it was suggested that the back end of the Bean property be
taken also.
Mr. Grindle asked if any of the Maloney property would
be taken and Mr . Fmguson replied in the negative .
The Chairman explained that funds will be requested
at the next Annual Town Meeting to put the dump into
operation on the #10 site .
Mr. Soule asked if both access roads to the areas
would come through at the same time .
The Chairman replied in the affirmative .
Mr. Richards said the sensible thing would be to
look at it from a long range unified plan.
Mr. Soule said the Planning Board would like to be
apprised of the roads and Mr. Richards explained that
the Board has not made any decision yet .
The Chairman said he thought it had been left
for Mr. Carroll to follow up on this.
Mr. Richards stated that if it is necessary to
take an access, it will have to be taken.
Mr. Soule said if the Planning Board could show
the abutters how the access would go and they could
Still erect their buildings, it would keep the lines
of communications open.
The Chairman said he thought it was left with
Mr. Carroll and where he is in the building every day,
the Planning Board could find out promptly from him.
The Chairman read a letter from the Planning Board
relative to a parcel of land, approximately 2,750 square
feet, that Mr . Eugene W. Pike of 10 Churchill Lane , would
like to purchase from the Town.
Planning The Planning Board recommended that all the rear
Board land now or formerly of Moulton, including the parcel
Mr . Pike recently purchased from Mrs . Moulton, be ac-
quired by the Town as part of a larger tract extending
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from Follen Road to and including the lower portion of
Moreland Avenue . Pike ' s offer
Both Boards agreed that it would be in the best to purchase
interest of the Town to retain ownership of the parcel land
Mr . Pike desires to acquire .
Letters were received from Mr. Donald Grant, Mr .
Aiden L. Ripley, and the Board of Fire Commissioners,
relative to the proposed layout of Summit Road and
Buckman Drive .
Mr. Soule pres ;nted a sketch of Park Drive, and
pointed out the land owned by Mr. C . Henry Jackson. He Jackson land
explained that the Planning Board is p.Toing to approach Park Drive
Mr . Jackson relative to acquiring a portion of his prb-
perty.
The Chairman advised the Planning Board that Mr.
John Carroll should have some knowledge as to what is
going to be done at the center playground to enable
him to include whatever funds may be necessary in his
1962 budget .
Mr. Soule stated that his Board was going to
stand on the plan it has made .
' Mr. Snow said he thought a great deal would depend
on where the building is going. Center
Mr. Richards said it seemed to him that neither playground
the Planning Board nor the Selectmen can advise Mr.
Carroll until the location of the building has been
determined.
The Planning Board retired at 10:30 P.M.
The Chairman read a letter from Mr . Carroll, Town
Treasurer, advising that he had received the follow-
ing bids on an anticipation loan of 431,000,000 . to be
dated June 1, 1961 and payable November 1, 1961: Bid on loan
The New England Merchants National
Bank of Boston $1,000,000 . 1.13%
Lexington Trust Company 500,000. 1.14
500,000 . 1.18%
On motion duly made and seconded, it was voted
to accept the bid of 1 .13% submitted by the New England
Merchants National Bank of Boston.
Further consideration was given to Mr. Joseph Casey' s
offer of $500, for lot 23, block 89, Garfield Street, Tax title
notice of which was advertised in the May 11, 1961 issue
of the Lexington Minute-man.
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Letter was received May 22, 1961 from Alfred
Braccini, 19 Garfield Street, offering $100 for the
Tax title same lot.
Upon motion duly made and seconded, it was voted
to sell and convey lot 23, block 89, Garfield Street
to Joseph C . Casey for $500. plus betterment assess-
ments totaling $$174.75.
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen' s Meeting held
on May 15, 1961 .
The Clerk was instructed to invite Edmund A . Webb
Gas and Patrick Mackino, applicants for the position of
Inspector Gas Inspector, to meet with the Board next Monday .
Appointments to the Town Celebrations Committee ,
Appointments Board of Health, and Board of Fire Commissioners, were
held over.
Upon motion duly made pnd. seconded, it was voted
License to renew Bowling Alley and Sunday Bowling license for
Frederick B. Tortola, d.b.a. Lexington Bowladrome,
1698 Massachusetts Avenue .
Application for a Yearly Dump Permit was received
from Alden P. French, 6 Hardy Road, Bedford, Mr. French
Dump does landscape work in Lexington.
Permit Upon motion duly made and seconded, it was voted
to grant Mr . French a Yearly Dump Permit .
No action was taken on a proposed proclamation
designating May 21 through May 27 as Vacation Planning
Week.
The meeting adjourned at 10:55 P.M.
A true record, Attest:
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