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-
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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.
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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
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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.
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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
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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 .
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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 .
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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 .
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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