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HomeMy WebLinkAbout1961-05-29-BOS-min 528 . &:LEC TMEN t S MEETING May 29, 1961 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, May 29, 1961, at 7:30 P.M. Chairman pro tem Adams , Messrs . Ferguson, Richards and Cole were present . Mr. Stevens, Town Counsel, Mr. John Carroll, Superintendent of Public Works, and the Executive Clerk were also present. At 7:30 P.M. , hearing was declared open upon peti- tion of the New England Telephone and Telegraph Company and the Boston Edison Company for permission to locate one guy wire and anchor on the Cambridge-Concord High- way. Guy wire and Notice of the hearing was mailed to the peti Anchor tioners and to the owners of property as listed on the petitioners ' blueprint . Mr. Mahon, representing the Boston Edison Company, was the only person present itt the hearing . He ex- plained that at the present time this dead-end pole is being picked up with a tree guy. It is the peti- tioner' s understanding that the tree is to be removed and in order to hold the line , it is requesting an anchor guy. Mr. Carroll, Superintendent of Public Works, approved the proposed location. The hearing was declared closed, and upon motion duly made and seconded, it was voted to grant the petition fob a i/o guy wire and anchor on the Cambridge- Concord Highway, southwesterly side, from a pole located approximately 190 feet southeast of Weston Street . At 7:35 P. M. , hearing was declared open upon peti- tion of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to to Pole cate six ppl.es pn Eldred Street . locations Notice of the hearing was mailed to the petitioners and to the owners of property as listed on the peti- tioners ' blueprint. Mr. Mahon, representing the Boston Edison Company, was the only person present at the hearing. He ex- plained that the order originated for street lighting for the Town, and the company saw an opportunity to use that. The company is closing the line along Eldred Street and plans to feed so there will be no charge for street lighting to theTown. Mr . Carroll, Super- 529: s , intendent of Public Works , approved the proposed lo- cations . The hearing was declared closed, and upon motion duly made and seconded, it was voted to grant the petition and sign the order. Mr. Mahon retired. Mr. Stevens presented the contract awarded to Susi & DeSantis Co. , Inc. , in the amount of $120,206.50 for sewer work in the Town, and reported that it has been signed and the surety bond in order . Sewer Upon motion duly made and seconded, it was voted contract to sign the contract between the Town and Susi & De Santis Co. , Inc. Mr. Stevens referred to the case of Richard A. Weidman vs . Town of Lexington, an accident that occurred on Pleasant Street during snow removal operations in which a snow loader struck a car owned by Mr. Weidman Claim and operated by his wife . The accident happened on February 2,1 961 and there were no claims for personal injuries . The car was a 1954 and Mr. Allen appraised the damage for the Town to be $131.90. The owner t s estimate was $146.10. Mr . Stevens reported that he has insisted on paying only what the Townts appraisal shows . Upon motion duly made and seconded, it was voted to authorize Mr. Stevens to settle the claim for $131.90. Mr. Carroll reported that an investigation has been made relative to the low bidder on sidewalk construction and the record of equipment, experience and financial Sidewalk statement is not too bad. He recommended that the con- contract tract be awarded to the low bidd-r . Upon motion duly made and seconded, it was voted to award the contract for sidewalk work to the low bidder, A. Luchetti & Sons - B & R Construction Co. , Inc . , at the bid of $8,400. Mr. Carroll reported that he had a meeting scheduled with Mr. McCarthy, State Department of Public Works, at which time he will discuss the Access to access to the pumping station and the location of pumping Worthen Road. He said he would like at least one station member of the Board to attend the meeting. The Chairman read a letter from John C . Kent, 124 Adams Street, relative to abandonent of a flow- age easement for the brook that goes through his property. 530 G7 Mr. Carroll explained that this is a very narrow strip of land and the only piece on which the Town had any flowage rights east of Adams Street. Mr. Stevens explained that this is one of these Butterfieldts pond storage basins, years ago, and the Town made a taking for the right of flow through all that area. The purpose was to have flooding storage basins for Vine Brook, He said on this one, he thought the house itself is not within the area where the Town had the flowage rights . Mr . Carroll is satisfied that the situation is that the Town does not need the ease- ment any longer . It was agreed to advise Mr. Kent that it will require a vote of the Town Meeting to abandon the ease- ment and the Board would present it to a Town Meeting some time in the future . The Chairman read a letter from Carmine Massimilla, 102 Lowell Street, relative to a drainage brook in front of his property. It was agreed that the Town would install the pipe if Mr. Massimilla would supply the pipe , as specified by the Town Engineer, grant the Town an easement twenty Massimillats feet wide and provide all the fill and labor necessary drainage to cover the pipe. Mr. Stevens and Mr. Carroll retired at 8:35 P.M. Messrs . Paul and Edward Howard, of Whitman & Howard,' met with the Board. The Chairman stated that the subject for discussion was the case or Mr. Yarin and stated that the major question that came to the Board was a statement first made in a letter to Mr. Yarin from Judge Brooks who Yarin' s visited the property during the trial when Mr. Yarin Sew ge sued the builder. The Chairman read the letter, dated Disposal July 29, 1959, and reported the Board understood the Judge came out, at which time they dug up all the ground but did not find any evidence of a leaching bed there. He said he believed that one of Whitman & Howardts employees, acting for the Town at the time , had signed _ a certificate . Mr. Paul Howard asked what was meant by "they dug up all the ground", and the Chairman replied that was the reference. Mr. Paul Howard reported that his man was there very recently with Mr . Yarin, at which time the ground was dug up and the pipe was found. The Chairman asked if it was Mr. Lucas and Mr. Howard replied it was Mr. 'Kraynick. He said that in 531 Mr . Yarin' s presence in May , he dog the ground up and found the pipe of the first system. Mr. Howard presented two drawings made of the first and second systems which he explained tothe Board . He reported that Mr. Yarin had so much water in his cellar that he pumped it into the system. Mr . Ferguson asked if Mr. Yarin had to have so many feet of pipe with open joints laid in the ground . Mr . Howard replied in the affirmative and stated that the water was so close to the surface of the ground another type of bed had to be developed and was approved by the State Department of Public Health where the only outlet was into the catch basin. He said at certain times sewage could be smelled from the catch basin. The Chairman asked if they could have dug through there and not found any pipe , and Mr . Howard replied in the affirmative . He said they might have found it by accident, so to speak. He reported that on May 19, 1961 they found the pipe from the first system. Mr. Howard explained that these systems are good only for one to ten years, depending on the condition of the soil in different places . Mr. Ferguson asked if it could have been that when they were looking for the leaching bed perchance they did not find it in this area . Mr. Howard replied that on. May 12, 1959, his man went back and there was a flow but no odor. He estimated the charge in 1951+-1955 to be $50, and in 1959, about $100. He explained that his firm is doing more than it has in the past on Lexingtonts sewage systems at the request of the Board of Health. He talked to Mr. Lurvey about the situation and Mr . Lurvey told him that there is just too much work for him to keep up with. Mr. Richards asked if Mr. Yarin came to the Town and did not seek an engineer. Mr. Edward Howard replied that he was quite sure he did not. Mr. Paul Howard stated that these systems are not permanent solutions by any means; they do clog up and fill up. The Howards retired at 8:55 P.M. Mr . Edward A. Palmer, Town Accountant, met with the Boa d . The Chairman stated that the Board has had some discussion relative to business machines but also wanted a little background on present accounting methods and procedures . Town Mr. Palmer stated that all he has is typewriters Accountant and adding machines, and everything is posted by hand. 532 CD CrD The Chairman asked if Mr. Palmer received bills foreverything that is paid out, and he replied that the bills come to him from the departments on schedules . The Chairman asked if he relied on the say so of the department heads, and Mr. Palmer replied that the bills are signed for by the department head as being ready for payment. He stated that the School Depart- ment has a receipting system. He explained the only other way would be to have a centralized purchasing department . Mr. Ferguson asked why it had to be centralized; it now being centralized by the Accounting Department . He said he was curious about delivery slips . The Chairman explained that the Board had noticed some original bills that were not marked. Mr. Palmer said he would not put anything through for payment without a bill of some type . It was suggested that Mr. Palmer visit Concord and observe the operation of the Accounting system there . Mr. Palmer retired at 8:15 P.M. Mr. Edmund A. Webb and Mr. Patrick Mackino met with the Boa d relative to the position of Gas Inspector . Mr. Webb stated tht he has been in the plumbing business for forty-two years and has lived in Lexington for over fifty years . He is a licensed plumber and an oil burner man. He stated the he has been doing gas fitting for forty years and has worked in Arlington, Cambridge, Boston and Newton. At the present time , he is not with Craftsmen, Inc. , but is on social security and has been for two months . Mr. Ferguson explained that the Town voted to have a Gas Inspector but no funds were appropriated. Mr. Webb said he knew John Byrne , the Plumbing Gas Inspector, and his father is both Plumbing and Gas inspector Inspector in Arlington. He said John Byrne is the Inspector in Winchester and if the two jobs were com- bined in Lexington, he thought half a day would be enough. Mr. Ferguson asked if the applicants had any idea as to what the position was worth. Mr. Webb said it depends on what the Town has for inspections and thought three half days a week would be enough. Mr . Mackino stated that he has done work in Brookline , and if the Beard wanted any help in writing a Gas Code , he has one used in Brookline . He said he is working now and realized this would be a part-time job. He has been in the plumbing business since he was • 533 fourteen and has lived in Lexington thirty-eight years. He has been doing gas fittings and heating right along. Mr. Mackino said he did not work in Lexington. He said he has two men and could do work in Lexington any time . He does all household work. Mr. Webb and Mr. Mackino retired at 9:25 P.M. Upon motion duly made and seconded, it was voted to approve a petition and sign the order for j/o pole Pole locations on Maple Street and Lowell Street. locations Notice was received from the Boston Edison Company and the New England Telephone and Telegraph Company Poles relative to proposed abandonment of five poles on abandoned Weston Street. Upon motion duly made and seconded , it was voted to approve the minutes of the Selectmen' s Meeting held Minutes on May 22 and the street hearings held on May 25. At 9:30 P.M. , the Planning Board and Mr.John Carroll net with the Board. Mr. Soule submitted a sketch of Henry Jackson' s property, 40 Clarke Street, and explained what Mr. Snow has worked out. He asked if the Selectmen thought it would be worth-while to attempt to acquire the entire property. C . Henry Mr. Snow said he thought the Town should acquire Jackson land the whole parcel and lease back a portion of it to Mr. Jackson for a period of time . The Chairman said the Board would take the matter under consideration. Mr. Soule referred to the proposed meeting on Wednesday with Mr . McCarthy, Department of Public Works, and said it was reported that Mr. Carroll and Mr . Snow were to attend. He suggested that someone else go along, but it was aggued that the less people involved, the better it would be . He said the Planning Board feels Worthen Rd . that nothing would be gained by a group attending. Mr . Carroll said as long as the Board agrees who is to be the spokesman, and he knows basically what he is going to say, others in attendance give the State the impression that the Town is interested. Mr. Ferguson said he thoughtsomeone should be there to verify what Mr. Carroll and Mr. Snow say. Mr. Soule sur;gested that the Chairman of each Board attend. The Chairman said it was up to the Planning Board to determine who would be its representative . r -- 534 CD CirD Mr. Soule presented a plan showing the east end of Worthen Road, and Mr. Snow explained what he in- tends to present at the hearing Wednesday. Mr. Carroll urged the Board to have a definite tie-in of Worthen Road. In other words, a physical lay- out of Worthen Road should be made at either Pleasant Street or through Wellington Lane so that the State would have to make a connection to Worthen Road when Route 2 is widened. The Chairman read a letter from Thomas K. Short, Dog Officer in Burlington, offering assistance in Dog seeing that all dogs are licensed. Officer It was agreed to thank Mr. Short for his offer and advise that Lexington has a Dog Officer. The Chairman read a letter from Officer Edward J. Lennon, advising that he intends to retire as of June Retirement 30, 1961. In a few wegks he will attain the age of sixty-five , at which time retirement is mandatory. Pursuant to the provisions of Section 85E, Chapter 32 of the General Laws, as amended, it was voted to retire Officer Lennon at 1/2 of his annual rate plus 1% of his annual rate for each year after twenty years, effective June 30, 1961 . The Chairman read a letter from Mr. McQuillan asking the Board' s approval of an air conditioner for the office of the secretary tothe Boa? d of Health . Upon motion duly made and seconded, it was voted Air to advise Mr . McQuillan that the request was not ap- Conditioner proved, it being the Boardts opinion that no instal- lation should be made for any individual office until the Board is prepared to make recommendations for all the offices . The subject of laying out Buckman Drive and Summit Road was discussed by the Board, a public hearing of the Board' s intention to lay out these two ways having been held on Thursday, May 25, 1961 . Buckman Dr. Mr. Ferguson said he understood the reason for lay- Summit Rd . ing out these two streets, according to the Planning Board, is to eliminate dead ends which it claims these two streets now are . He said it seemed to him, accord- ing to the testimony, that people on both Summit Road and Buckman Drive did not want it eliminated. The people who want the dead end eliminated are on Moon Hill and Mor-:land Avenue , and he could not see forcing it on anyone who does not want it . 535 111 14r. Richard said that the Board has , whether it be- one or nine, pettt mn fspm pctople in $he Ipmn Hill area for an additional exit. He said he appreciated the fact that there is opposition from Buckman Drive and Summit Road, but this has been discussed for five or six years and he thought this would be a good time, when there are no other streets to be considered, to resolve these two. He said it should be determined by the Town Meeting, and he was not in favor of this particular proposition, but felt Town Meeting should make the decision. Mr. Ferguson stated that once the Board inserts an article in the warrant, it is thereby saying it is in favor. Mr. Adams said this has been a long standing subject, there has been a petition and he thought it should go in the warrant . He said the question of Summit Road never came up before , and Summit Road could be a traffic breeder. He said he would be in favor of dropping out Summit Road, leaving Buckman Drive in, and let the voters decide . Mr. Ferguson suggested waiting a little longer until Worthen Road has been more definitely determined. A motion was made and seconded to sign orders laying out Buckman Drive and Summit Road. Tw@ members of the Board voted in favor and two members voted in opposition, and the motion was, therefore , lost; con- sequently, the articles were deleted from the warrant . Upon motion duly made and seconded, it was voted to sign a Warrant calling a Special Town Meeting on Warrant Monday, June 19, 1961, at 8:00 P.M. in Cary Memorial Hall . Upon motion duly made and seconded, it was voted • to sign an order for the installation of a water main Water Order in Justin Street from Donald Street 105 feet south- Justin Street easterly. Upon motion duly made and seconded, it was voted Sewer Order to sign a sewer order for the installation of a sewer Larchmont in Larchmont Lane from Bedford Street 460 feet, more Lane or less, easterly. . Upon motion duly made and seconded, it was voted Sewer Order to sign an order for the installation of a sewer in Cliffe Ave . Cliffe Avenue from Cummings Avenue to Melrose Avenue . 1 536imr.-. Letter was received from Busa Bros . Liquors Inc . advising that 100 shares of stock have been issued Busa Bros . as follows: Liquors,Inc . Alfred S. Busa 38 Circle Road 45 shares Daniel P. Busa 82 Lowell Street 45 shares Shirley N. Busa 38 Circle Road 5 shares Catherine P. Busa 82 Lowell Street 5 shares Upon motion duly made and seconded, it was voted • Liquor to sign a retail package goods store license for license Busa Bros . Liquors, Inc. , 131 Massachusetts Avenue , formerly Busa Bros . Upon motion duly made and seconded, it was voted Licenses to renew Albert S. Woodhull' s license as a Guide within the Town. The Chairman reported that Mr. J. S. Nason Whitney would accept appointment to the Board of Fire Engineers . appointment Upon motion duly made and seconded, it was voted to appoint Mr. J. S. Nason Whitney, 21 Woodland Road, to the Board of Fire Commissioners for a three-year term expiring March 31, 1964. The Chairman agreed to write a letter of thanks to Mr. Sheldon for having served on the Board of Fire Commissioners, the Board being of the impression that he was not interested in reappointment . Appointments to the Town Celebrations Committee ' ppointments and Board of Health were held over. Letter from Busa Realty re tax title lots on Tax. title Circle Road was held over. Letter from George Sinkevich re utilities on Tax title Circle Road and tax title lot on Circle Road was held over . Letter from Alfred Iodice re tax title lots on T< x title Marvin Street was held over . The meeting adjourned at 10:45 P.M. A true record, Attest: ecdtive/Cler Se l ecen