HomeMy WebLinkAbout1938-09-27532
SELECTMEN'S MEETING ="
SEPT. 27, 1938. '
A regular meeting of the Board of Selectmen was held
in the Selectmen's Room, Town Office Building, at 7:30
P.M. Chairman Giroux, Messrs. Potter, Ross, Clark and
Rowse were present. The Clerk was also present.
Mr. Raymond appeared before the Board.
At 7:30 P.M., the Chairman declared open a hearing on
the matter of sidewalks in various parts of the town to be
constructed under the W.P.A.
Mr. George Emery of 34 Hayes Avenue was the only person
present. He said that he wished to speak on behalf of Mr.
Robert E. Stone of 32 Hayes Avenue and himself. They wanted
to protest against the sidewalk being constiucted on their
side of Hayes Avenue inasmuch as it would take away from
their lawns practically one-third of their area and would
necessitatethe building of a retaining wall and new drive-
ways. They felt that there was no need of the sidewalk.
Sidewalks The Chairman stated that Howard S. 0. Nichols also opposed.
Mr. Emery stated that there was enough additional expense
clearing up after the storm without having this other work
forced on them. Mr. Raymond said that it was not planned
to put in hard -top sidewalks. Mr. Emery said that he was
not referring to the work on town property but was referring '
to the work the property owners would have to do.
Mr. Clark said that in view of the opposition, he
wished to move that the construction of the sidewalk in
Hayes Avenue be eliminated from the project. Mr. Raymond
said that the sidewalk would not affect Mr. Nichols'
property. Mr. Potter seconded Mr. Clark's motion, and it
was so voted. Mr. Emery retired,
Mr. Rowse asked if it would be possible to set these
streets up in the order of their importance, and Mr. Ray-
mond said that it would not be without having some opinion
as to how much the sidewalks were desired by the people.
The Chairman asked what the percentage of town funds and
Federal funds was and Mr. Raymond said that it was about
01. of Town funds to $3. of Federal funds.
The Board went over the list of sidewalks to be con-
structed. Mr. Ross said that the only one he would
question was Hill Street. Mr. Clark was opposed to the
sidewalk in Hill Street. Mr. Raymond said that if a side-
walk was put in there, the limits of the travelled way
would be defined which would be very beneficial. Mr. Rowse
suggested that Hill Street be put at the bottom of the list
and th at-yif possible, some other street be inserted in
place of it. Mr. Rowse moved that the sidewalk in Hill
Street be held in the order of doing the streets until the '
last to see if some other demands were received. The
motion was not seconded. Mr. Rowse then moved that the
Hill Street sidewalk be eliminated from the Golf Club to
the Hardy development. Mr. Clark seconded the motion and
' it was so voted.
Mr. Rowse asked if it was possible to submit something
in the place of Hayes Avenue, and Mr. Raymond said that it
might be.
1
Mr. Raymond said that the last year or two, a notice
had been printed in the paper relative to gypsy and brown
tail moths, stating that they had to be cleaned up within
a certain time, and this notice had to run for two or
three issues. In view of the recent hurricane and the ex-
pense property owners have had to go to and the continuance
of W.P.A. and Welfare work, etc., he recommended that the
notice be not inserted this year. Mr. Ross moved that the
recommendation be approved. Mr. Potter seconded the motion
and it was so voted.
Mr. Raymond informed the Board that there would be a
hearing Thursday morning relative to Chapter 90 work for
1939. Mr. Ross moved that Mr. Raymond represent the Sel-
ectmen at this hearing. Mr. Potter seconded the motion and
it was so voted.
Mr. Raymond said that some time ago, he was told by
the Board to submit Bedford, Woburn and Weston Street as
possible Chapter 90 projects for 1939. The Chairman said
that it would be wise to let this program be submitted,
realizing that the Board was not binding itself to dot he
work. Mr. Raymond said he thought the town should finish
Bedford Street next year as $15,000. is to be spent on it
out of the 1938 allowance. The State will not approve of
taking curbing out of these funds so probably not more then
$12,000 will be needed to finish the job. He recommended
that the town ask the State and County for $4000. each to
finish Bedford Street in 1939. This year the drainage and
sub -base, removal of car tracks and some of the surfacing
will probably be done. Mr. Rowse asked what happened if he
asked for more than the town decided to do. Mr. Raymond
said that when the Public Works Dept. makes up its budget
next Spring, it will out everybody 25 to 30 percent. Mr.
Rowse moved that the Board approve the submission of the
completion of Bedford Street as a Chapter 90 project for
1939. Mr. Potter seconded the motion and it was so voted.
Mr. Clark voted in opposition. The town's share will be
04,000.00.
The Chairman asked if this was the last time for sub-
mitting projects. Mr. Raymond said that if the town asked
for only one project and he stated that the Board wanted a
little more time, he thought a project could be submitted
later on. He thought the budgets were made up in November.
Mr. Raymond said that Woburn Street could be done in two
years, and the town's share for one year would be 65,000.
He said that the town was liable for the maintenance of
Chapter 90 roads and the State and County did not have to
help out on them. The estimated cost of construction of
Weston Street is $24,000, and if the town's share is
appropriated in one year, the cost would be $8,000. He
533
Moth-
Notice
othNotice
Chap. 90
projects.
534
PICV
thought that Woburn Street was more important than Weston
Street. He said curbing was needed very badly because
,
there was a great deal of sidewalk travel and there was
no protection for the people. The Chairman asked if it
would be possible to do Woburn and Weston Streets on a three
year program and Mr. Raymond said that it would be. Mr.
Raymond said he did not believe the town would be justified
in doing the whole of Weston Street under Chapter 90 until
it was decided where Route 128 was going. Mr. Potter said
he would like to see Weston Street started, at least. The
Chairman asked how the Board would feel about submitting
Woburn and Weston Streets on the three year basis. Mr.
Rowse asked if Weston Street was a town way and Mr. Raymond
said that it was a town gravel way. Mr. Rowse acid he did
not believe that the Board would be justified in submitting
a Chapter 90 project for Weston Street when there was so
little traffic on it. Mr. Potter moved that the construction
of Weston Street be submitted on a three year program, the
street to be constructed from the corner of Lincoln and
Weston Streets to the Concord Turnpike. Mr. Ross seconded
the motion and it was so voted. Mr. Clark voted in opposition.
Mr. Raymond said that the estimated cost of the con-
struction of Woburn Street was $26,000.,.15,000. the first
year, $11,000. for the second year. Mr. Ross moved that the
construction of Woburn Street be submitted on a two year.
program. Mr. Potter seconded the motion and it was so
voted. Mr. Clark voted in opposition.
'
Mr. Rowse asked if anything was to be submitted on
Chapter 90 Maintenance. Mr. Raymond recommended ,$3,000.
for Chapter 90 Maintenance. Mr. Rowse moved that the
recommendation be approved. Mr. Potter seconded the
motion and it was unanimously voted.
Mr. Raymond presented the order of taking of leasehold
interests in lands along the Vine Brook channel. These
orders were made out tD include the Ryder property. Mr.
Ryder has signed a release. Mr. Wrightington had been
worried about the Ryder lot but that was now taken care of.
In the case of Viano, Mr. Wrightington wanted it made clear
that he did not approve the taking of easements which had
been made in a previous order. He thought it better to
take a fee in this case. They made the easement takings
in order to keep the cost of land damages at a minimum.
Mr. Burnham has signed a leasehold release for two years.
Mr.* Raymond said that if the Board wanted to proceed fur-
ther with this, it could take a fee later on. He said the
Board had just gone part way on doing what the Town Meeting
authorized it to do. Mr. Raymond said that the Colonial
Garage was going to be able to carry on the second-hand car
business after the conduit hhd been completed. In figuring
the damages, he computed what the taxes would be -.on the '
properties the town was going to use. There would be none
on the Lexington Estates Trust inasmuch as the Ryders had
535
signed a release. The Colonial Garage area was 10,690 square
' feet, the assessed value being $.75 per square foot. The
taxes amount to $281.00 per year. He recommended a fair
offer to be $560.00 for two years, and said that the town Vine
probably would not keep Viano out of there for the full two Brook
years,* In view of the fact that Bullock has had an offer Easement
to sell the property, he thought a fair offer would be $50.
The taxes on the Fiske property amount to $14. for the two
years.* The Bullock taxes are C18.per ye"ar,or X38. for two years.
Mr. Potter moved that the damages as recommended by
Mr. Raymond be approved. Mr. Ross seconded the motion and
it was so voted.
Mr. Raymond said that notices were sent out on these
takings of leasehold interest, and if the people are not
satisfied they can appear before the Board within six
months.
The Board signed the order in the following form:
ORDER OF TAKING BY THE TOWN OF LEXINGTON
OF A LEASEHOLD INTEREST IN LANDS UNDER THE ACTS OF
1926, CHAPTER 263, AND 1897 CHAPTER 504 AS AMENDER
WHEREAS By Chapter 263 of the Acts of 1926 entitled
"An Act Relative to Improving the Surface and Ground Drain-
age in the Town of Lexington and in Adjoining Towns", said
Town was authorized, among anther things, to improve brooks,
' streams and water courses, and for the purposes set forth
therein to take in fee simple or otherwise land or any right
of easement in land, including any brook, stream, pond or
water course or any part thereof; and
WHEREAS, by Chapter 504 of the Acts of the year 1897,
entitled, "An Act to authorize the Town of Lexington to
construct a system of sewerage", as amended, said Town was
autli6rized, among other things, to lay out, construct,
maintain and operate a system of sewerage, with the powers
and authority set forth in said Act, including full power,
through its Board of Sewer Commissioners, to take by purchase
or otherwise any land, rights of way and easements in said
Town necessary for the establishment therein of a system
of sewerage or sewage disposal or for any of the purposes
mentioned in Section 1 of said Act;and
WHEREAS the said Town of Lexington duly accepted said
Acts in the manner provided therein; and
WHEREAS the system hereinafter referred to as about to
be constructed, and plans showing in detail the work to be
done in constructing the same, have been duly approved by
the State Board of Health; and
' WHEREAS, By Chapter 277 of the Acts of the year 1909,
which was duly accepted by a majority of the voters of said
town in the manner provided in Section 5 thereof, the then
Board of Water Commissioners of said Town and the Board of
536
Sewer Commissioners elected under the provisions -of said
Act (Chapter 504 of 1897) were consolidated in one Board
to be called the Board of Water and Sewer Commissioners, '
with the provision that all the powers and duties of said
Board of Sewer Commissioners should thereafter devolve
upon said Board of Water and Sewer Commissioners; and
WHEREAS by Chapter 1 of the Acts of the year 1922, which
was duly accepted by a majotiry of the voters of said Town
in the manner provided in Section 5 thereof, the powers and
duties of the Water and Sewer Commissioners were assigned
to the Board of Selectmen as a Board of Public Works; and
WHEREAS, Archibald R. Giroux, Albert A. Ross, William
G. Potter, Philip M. Clark., and A. Edward Rowse, citizens
and residents of the said Town have been duly qualified and
are now the duly elected, qualified and acting Board of
Selectmen pursuant to law and the provisions of the Acts
above referred to; and
WHEREAR, the Town Meeting of Lexington on the 8th day
of August, 1938, voted to take up together articles 3 to 7
of the warrant for the said meeting and to eliminate from
the following votes the references to specific articles
of the said warrant and thereafter the following votes were
duly adopted by more than a two-thirds vote;
"FURTHER VOTED: That the Selectmen be authorized in the
'
name of and on behalf of the Town to acquire by purchase or
eminent domain for surface and sanitary drainage purposes
any or all of the land on both sides of Vine Brook as
follows: (a) on the relocated North and South Branches of
Vine Brook from Marrett Road to Vine Brook Road for an
ag regate width not exceeding one hundred and fifty feet;
(b) from the easterly side of Waltham Street to the location
described under (a) of this vote for an aggregate width not
exceeding sixty feet; (c) from Fine Brook Road to Mass-
achusetts Avenue for an aggregate width not exceeding fifty
feet; (d) from the land of the Town on which stands the
Town Office Building to Hayes Lane for an aggreg he width
of twenty-five feet,; (c) from Hayes Lane to East Street
for an aggregate width not exceeding one hundred fifty feet;
(f) from East Street to North Street for an aggregate width
not exceeding fifty feet; (g) temporary leasehold interest
in adjoining land for use during construction and to'deepen,
widen, straighten, and relocate the parts of the channel of
the said Vine Brook and its North and South Branches within
the said takings to change its location from its present
channel, to construct closed conduits in place of open
channels and to change the direction, volume and rapidity
of the flow of the said Brook, and its said Branches, and
of any surface or udderground water flowing into it, and to
construct drainage improvements in and adjacent to Vine Brook
'
extending from Winthrop Rpad Extension so c al le d on the South
Branch and Waltham Street on the North Branch to North
537
Article 5. VOTED: That the Selectmen be authorized to
construct a conduit to enclose the North Branch of Vine
Brook from the west side of Waltham Street to the junction
of the North and South Branches, and that for that purpose
the sum of $17,000.00 be appropriat-ed; also under
Article 6, VOTED: That the Selectmen be authorized to
construct a low level sewer from a point about two hundred
and ten feet (2101) east of Hayes Lane to a point about
two hundred twenty feet (2201) south of Vine Brook Road
near the conduit to be constructed for Vine Brook as author-
ized by this meeting and to acquire by purchase or by
taking by eminent domain any necessar easement therefore,
and that for that purpose the Num of 125, 000.00 be
appropriated; also under
Article 7. VOTED: That for the purpose of meeting the
appropriations voted under Articles 3 to 6 inclusive, the
Town Treasurer, YAth the approval of the Selectmen, be ad
hereby is authorized to borrow $183,000. under authority
of and in accordance with the provisions of Chapter 50 of
the Acts of 1938 and to issue bonds or notes of the Town
therefor, payable in not more titan fifteen years at such
terms and maximum rate of interest as may be fixed by the
Emergency Finance Board.
Street, including the construction of a conduit in place
'
of an open channel from the junction of the North and
South Branches to Hayes Lane, substantially as recommended
by the Vine Brook Drainage Committee in a report received
by the Town, September 27, 1937, and that the Selectmen
be authorized to do such work as may be required to restore
and maintain or supplement existing private water supplies
now in use (exclusive of operating expenses) which may
become diminished or impaired as a result of the construction
of the proposed Vine Brook Channel; to grant rights of way
and to lay out such streets and ways across the lands to be
acquired under this vote as may be deemed advisable, and for
the purpose of meeting the cost of such construction the sum
of $273,000.00 be apprormiated, of which $29,600.00 shall
be for land acquired; also under
Article 4. VOTED:: That the Selectmen be authorized on
behalf of the Town to purchase or take by eminent domain
lands or the right or easement in lands to construct at
the outlet of Butterfield's Bond at Lowell Street a dm to
create a storage basin for flood flows of Vine Brook and
the right to flow the land raider and adjoining the said
Butterf ieldfs Fond and its tributaries to the level of
elevation one hundred and seventy-six feet above mean sea
level, and that the Selectmen be authorized in the name of
and on behalf of the Town to execute contracts for the con-
struction of such a dam and appurtenant works, and that for
that purpose the sum of $30,000.00 be appropriated, of
which $10,000.00 shall be for land and flowage- rights
acquired; also under
Article 5. VOTED: That the Selectmen be authorized to
construct a conduit to enclose the North Branch of Vine
Brook from the west side of Waltham Street to the junction
of the North and South Branches, and that for that purpose
the sum of $17,000.00 be appropriat-ed; also under
Article 6, VOTED: That the Selectmen be authorized to
construct a low level sewer from a point about two hundred
and ten feet (2101) east of Hayes Lane to a point about
two hundred twenty feet (2201) south of Vine Brook Road
near the conduit to be constructed for Vine Brook as author-
ized by this meeting and to acquire by purchase or by
taking by eminent domain any necessar easement therefore,
and that for that purpose the Num of 125, 000.00 be
appropriated; also under
Article 7. VOTED: That for the purpose of meeting the
appropriations voted under Articles 3 to 6 inclusive, the
Town Treasurer, YAth the approval of the Selectmen, be ad
hereby is authorized to borrow $183,000. under authority
of and in accordance with the provisions of Chapter 50 of
the Acts of 1938 and to issue bonds or notes of the Town
therefor, payable in not more titan fifteen years at such
terms and maximum rate of interest as may be fixed by the
Emergency Finance Board.
538
All moneys received by way of grant from the Fedeiral
Government on account of this project shall be applied first
to meet the cost of construction thereof and any balance shall
be applied to the payment of the loan herein,authorized.
The Selectmen are hereby authorized and directed to
accept on behalf of the Town, for use in carrying out such
project, a Federal grant of money, pursuant to the Public
Works Administration Appropriation Act of 1938; and the
Selectmen are authorized to proceed with the construction
of said project and to enter into all necessary and proper
contracts and agreements in respect thereto, all subjeetto
applicable Federal regulations; and the Selectmen are author-
ized to do all other acts and things necessary or convenient
for obtaining said grant, making said loan, and constructing
said project."
WHEREAS the Selectmen have determined the locations of
temporary leasehold interests in land adjacent to the ease-
ments in the order of taking dated September 20, 1938 for
the Vine Brook conduit and chmnel and for the low level
sewer as follows;
.. .+ .I .,
q ..M .d.>:��: �. .. ,V . ♦ . ,Y.r ;. f1r :MP . Ir .. .r ♦ YIj..y'.+if'��i,t.r
(3) A strip of land 20 feet in width adjoining the westerly
side of the 30 foot easement and extending southerly from
the southerly line of Massachusetts Avenue distant about
210 feet over land now or formerly of Colonial Garage, Inc.
all as shown on sheet 1 of 5 sheets entitled, "Town of
Lexington, Massachusetts, Plan d7owinF% hand & Easements for
the Vine Brook Channel & Conduits & for a Low Level Sewer",
Scale 1" - 100 feet, August 31, 1938, John T. Cosgrove,
Town Engineer.
(Z) A parcel of land about 70 feet in widthextending
from the easterly line of Sheridan Street to the westerly
line of the 25 foot easement on land now or formerly of
John Bullock et al, all as shown on sheet 3 of 5 sheets
entitled, "Town of Lexington, Massachusetts, Plan Showing
Land & Easements for the Vine Brook Channel & Conduits & for
a Low Level Sewer", Scale 1" - -4O feet, August 31, 1938,
John T. Cosgrove, Town Engineer.
(3) A strip of land twenty-five feetih width adjoining
the westerly line of the fifty foot easement and extending
107
1
1
M
C
fl
n
northwesterly from the northerly line of East Street dis-
t# t about 855 feet over land now or formerly of William E.
Fiske, all as shown on sheet 5 of 5 sheets, entitled, "Town
of Lexington, Massachuetts, Plan showing Land & Easements fo^
the Vine Brook Channel & Conduits & for a Low Level Sewer"
Scale 1" - 80 feet, August 31, 1938, John T. Cosgrove, Town
Engineer.
WHEREAS the said temporary leasehold interests herein-
after taken are necessary for the said purpose;
NOW, THEREFORE, the said Board of Selectmen acting for
and on behalf of the said Town under the authority of said
Chapter 263 of the Acts of 1926 and Chapter 504 of the Acts of
1897 as amdnded, and of every other power them thereto
enabling, do hereby take by eminent domain a temporary
leasehold'interest within each of the locations above des-
cribed as shown on the said plan for a term of two years
for temporary use during construction of the public works
in and adjoining Vine Brook, including the right to use the
said lands by the Selectmen or other duly authorized agents
of the Town or contractors with the Town and their agents
and servants for the operations of engineers and workmen
and the storage of equipment and of materials for con-
struction, or materials removed from the excavations, for
such construction or for any other purpose in the construct-
ion of the proposed work, including the right to erect and
maintain such temporary office quarters and shelters as may
be reasonably necessary. On completion of the work before
the expiration of the said term of two years, all such
structures and materials will be removed and the surface of
the said locations restored to as good condition as they
are in at the date of this taking. The rent of the said
premises for the said term is included in the damages awarded".
We determing that damages have been sustained as
follows:
i'rxexlr�q$icenlax ��a� g$1i�1&X`��tx x-r&ie}.a�erirx�y,}�g�
X22MSte-ax
Colonial Garage, Inc. 560.00
John Bullock, et al '50.00
William E. Fiske '14.00
TO HAVE AND TO IDID the said temporary leasehold
interests to the Town of Lexington, its successors and
assigns, to its and their own use and behoof for a period
of two years from September thirtieth, 1938.
IN WITNESS WHEREOF the
hereunto subscribed their
of September, 1938.
said Board of Selectmen have
names this twenty-seventh day
ARCHIBALD R. GIROUX
A. EDWARD ROWSE
ALBERT A. ROSS
1YILLIAM G. POTTER
PHILIP M. CLARK
540IOU
cz
Commonwealth of Massachusetts
Middlesex, ss.
On this twenty-seventh day of September, 1938,'per- '
sonally appeared the above named Archibald R. Giroux,
William G. Potter, Albert A. Ross, A. Edward Rowse, and
Philip M.Clark, and severally acknowledged the foregoing
instrument and statement by them to be their free act and
deed and the free act and deed of the Town of Lexington,
before me,
James J. Carroll
Notary. Public
(Term, March 14, 1945)
Mr. Raymond asked how far the Board wanted to go in
Removal
removing trees and stumps ffom. private ways. Messrs .Potter
of stumps
and Ross thought that the tovn should pull out the stuffs.
Mr. Raymond said that this might add $5000. tothe cost.
It was decided to hold the matter over and request Mr.
Garrity to submit an estimate at the next meeting of what
this work would cost.
Mr. Ross said that Miss Florence Boyd of Hancock Ave.
had telephoned him and wanted to know if the town was going
Trees on
to remove the tree which fell on her property and fix the
private
sidewalk. Mr. Raymond said that the Boyd tree was entirely
property.
on private land but some of the roots were in the street
and had destroyed part of the bituminous sidewalk. Mr. ,
Potter said he did not believe the town should remove
trees on private property. Mr. Raymond thought that the
town should repair the sidewalk.
Mr. Clark said that in front of the Tuttle house at
24 Hancock Street, a tree had gone over which was one-third
on private property and two-thirds on town property and he
asked who should remove the tree. Mr. Raymond said that he
thought in that case, the town should remove it.
At 9:00 P.M. hearing was declared open on the appli-
cation of the New England Tel. & Tel. Co. and the Boston
Edison Co. for permission to locate three poles on the
Pole
Cambridge -Concord Highway, southerly side, extending
location.
easterly from a point approximately 402 feet east of
Blossom Street.
Mr, S. Campbell of the Telephone Co. appeared. Mr.
Campbell said that the poles were to be put in to supply a
house across the street from the Peterson gasoline station
and the wires would cross the highway. The Chairnan asked
if the wires could go in from Blossom Street. Mr. Campbell
said he asked the engineer and was told that they could not.
Mr. Ross said that at least the wires could be put under-
ground. Mr. Rowse moved that the petition be denied.
Mr. Clark sedonded the motion and it was so voted.
'
The Chairman explained that the Board did not want
wires crossing the Concord Turnpike and he suggested that
541
the company see if service could not be given from Blossom
Street or by underground installation. Mr. Campbell
' ret#red.
Petition was received from the New England Tel. &
Tel. Co. and the Boston Edison Co. for joint location of Joint
four existing poles on the Cambridge -Concord Highway, location
southwesterly side, from Spring Street, approximately
487.5 feet northwesterly. Mr. Potter moved that the petition
be granted. Mr. Ross seconded the motion and it was so
voted.
Letter was received from the N. Cibotti Co. request-
ing that the Board disapprove the bid of DiMarco and. Ciccone..
Inc. on the Vine Brook Drainage project because it was in-
formal and unbalanced. The letter stated that by reason
of that company failing to use the bid bond contained in
the specification book as requested and failing to give a
total on both classes of construction, the bid was not
filed in a proper manner. The letter also stated that
the price on rock was unbalanced and ridiculous. Mr.
Cibotti said that he had no contracts on hand and could Protest
start the work immediately and believed that DiMarco could re bid on
not rush the work as he had recently been awarded a large gine Brook
job in Osterville, Mass. project.
Letter was received from Metcalf & Eddy, who had
1 been sent a copy of Mr. Cibottits letter. They stated that
DiMarco & Ciccone did file the bid bond included on pages
27 and 28 of the contract documents by execution directly
in the bound volume. They stated that the Information
for Bidders stated that the bidder could bid on either or
both types of construction and DiMarco and Cieconets bid
was in accordance with these instructions. Metcalf & Eddy
said that in their opinion the price on rock was much too
low but that Mr. DiMarco maintained vigorously that his
price for earth excavation and rock excavation combined
was adequate for the trench containing rock... They said
it was true that the payment items were so arranged that
in some trench no deduction was made for earth excavation
not performed. In other words, in such trench, the payment
for rock covered only excess cost of rock excavations over
earth excavation. They recommended that no further con-
sideration be given to the protest of N. Cibotti & Co. Mr.
Rowse moved that no action be taken on the Cibotti protest
for the reasons as set forth in Metcalf & Eddy's letter.
Mr. Ross seconded the motion and it was so voted.
The Metcalf & Eddy letter stated that from the tab-
ulation of bids on the Vihe Brook project, DiMarco &
Ciccone, Inc. of White Plains, N.Y. was low bidder. The
engineers.interrogated Mr. Albert DiMarco and their Mr.
' Sullivan immediately following the opening of the bids
and the result of this examination was satisfactory from
the standpibint of experience and qualifications of the bidder.
They said that they had wired the contractor to present at
the meeting tonight an up to date financial statement and
542
DiMarco
bid*
and if the statdment was as good as that indicated under
date of July 27th, Metcalf & Eddy believed the firm had
ample financial resources for carrying out this contract.
Mr. Clark stated that he had looked up both Cibotti and
DiMarco & Ciccone in Dunn and Bradstreet. Neither had any
credit listing. Mr. Harrison P. Eddy appeared before the
Board. Mr. Raymond presented a new financial statement
dated Sept. 260 1938 which the Board compared. Mr. Rowse
asked why the concern was not listed with Dunn & Bradstreet.
Mr. Eddy said that many purchases were made by firms of this
type from concerns that extenddd credit to them, many on the
installment plan.
The Chairman asked if the P.W.A. had to approve the
contractor. Mr. Eddy said that they did approve the can-
trqctor, but always insisted on choosing the low bidder.
The Chairman asked if Mr. Eddy saw anything from the financial
angle which would indicate that the award should not be made
to this firm and Mr. Eddy replied in the negative. Mr. Eddy
said that they had requested a statement of the firm's work
on hand. One job is 100% completed with $13,000. to be paid
on November 1st. The New York World's Fair money is due
Sept. is t and the Greece, N.Y. money is due Nov. 15th. Mr.
Eddy stated that his firm got in touch with a very good
engineer in Greenwich, Connecticut, a Mr. Cone. Mr. Cone
said that DiMarco & Co. had taken over a job that a contractor
had gone broke on. He knew them because of their work at
that time and he stated that their integrity and ability was
satisfactory.
The Chairman asked about the awarding of the contract and
Mr. Raymond said that the decision of. Burlington on the dam
would have to be received before this could be done; also the
Town Counsel has to sign the contract stating that all legal
requirements had been,fulfilled. Mr. Eddy said that the
P.W.A. had requested the Board to send them a draft of a
resolution making the avard to the low bidder subject to the
P.W.A. approval and the fulfillment of legal requirements.
Mr. Potter moved that the following draft of a Resolu-
tion be forwarded to the P.W.A. authorities:
RESOLUTION
"RESOLVED: That subject to the approval of the Federal
Emergency Administrktion of Public Works and the fulfillment
Resolution of legal requirements, that contract "A" of the Vine Brook
Drain and Sewer Project, Docket No. Mass. 1370-F be awarded
to the low bidder, DiMarco and Ciccone.. Inc. of White Plains,
New York, at their bid price of One Hundred and Twenty-two
thousand, Three Hundred and Ninety-seven Dollars and Fifty
Cents (122,397.50)."
Mr. Ross seconded the motion and it was so voted.
Messrs. DiMarco and Sullivan appeared before the Board.
Bond The Chairman explained what action had been taken. He said
he understood that the question of the bond had been dis-
cussed with the representative of the Employers' Liability
Assurance .Corp. and that the firm had agreed to the Employerst
as co-insurers with the Hartford Indemnity Assurance Corp.
and Mr. Sullivan said that was true. They retired.
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Letters were received from Tracey W. Ames of 2 Highland
Avenue, from W. S. Caouette and, from Edward C. Stone, re-
questing that they be given consideration when the town was
placing insurance.
Letter was received from the Town Counsel enclosing bill
for printing the brief in the Ryder Draihage case in the
amount of $120. which he approved. He also requested that an
initial payment of $"1,000, bn account be made for his
services in this case. The Clerk was instructed to furnish
the Board with the status of the appropriation for expenses
in the Ryder cases for the next meeting.
543
Insurance
Ryder
cases.
Mr. Raymond said that he talked with Mr. Hyde of Tyler
& Co. relative to the borrowing of money for the North
Lexington Sewer. Mr. Hyde said that things were upset now
and although one might obtain a bid in the next few days..
he could not see any harm in asking for bids to be sub-
mitted next week on the $90,000. loan. Mr. Raymond said
that favorable bids might not be received, but when they
were taken the Board could reserve the right to reject any
or all of them.
Mr. Clark said that he had been figuring the tax rate
for next year, including the increased cost of welfare, the
Vine Brook Drainage Project and the hurricane expenses. He
said unless the departments were treated shabbily, he figured
on a $40.00 tax rate. The Chairman asked how he arrived at
this figure as he had arrived at a $36. rate. Mr. Clark said
he thought that the tovn had taken on more than was advis-
able for one year. Mr. Clark suggested that the Board North
advise the P.W.A. authorities that it desired permission Lexington
to delay starting the North Lexington Sewer project for one Sewer
ear. Mr.Raymond said that this would cast the town
10,000. or ;15,000. in sewer assessments. The Chairman
said he did not see how the Board could take action on
something contrary to what the Tovin Meeting; had voted. Mr.
Clark moved that the Board advise the P.W.A. authorities
that it desired to delay starting the North Lexington sewer
project for one year, provided the Town Counsel approved.
Mr. Rowse suggested that the Board wire the P.W.A. author-
sties giving as a reason primarily that the town had the
extra burden of the hurricane and request permission to delay
starting the construction of the North Lexington Sewer
project until after the first of the year. He said that
what the Board wished to accomplish was to delay the bond-
ing so that the bonds would mature one year later. Mr.
Ross asked how this would affect the assessment rate. Mr.
Raymond said that if the project could be started early in
the year, it might be all right, but the Town would lose
money if the project was postponed a whole year. The Chair-
man asked how the P.W.A. authorities might react to this.
' Mr. Raymond said he thought the Board would get a flat
refusal. He wondered about the engineers, as they had
already started work.
Mr. Clark then moved that the start of the project be
delayed until after the first of the year provided the Town
544
Counsel approved. Mr. Rowse seconded the motion. Chairman
Giroux and Messrs. Potter and Ross voting in opposition,
the motion was not carried. Mr. Ross said that he opposed
it feeling that the assessment rate would be lowered
materially. The Chairman said he was opposed because the
Board was taking steps it had no right to take. The vote
of the town did not include the right to hold this project
to another year.
Mr. Potter suggested that Mr. Raymond talk the matter
over with the Town Counsel and Mr. Ross suggested that he
talk t1th the New York authorities on it.
The Chairman suggested that the matter be given further
consideration and that a copy of this discussion be supplied
the Town Counsel; that Mr. Raymond discuss the matter with
him, and that Mr. Wrightington be invited to appear before
the Board next Tuesday prepared to advise the Selectmen as
to what action they could take in the matter without over-
dtepping the vote of the town. Mr. Rowse moved that the
Chairman's suggestion be approved. Mr. Potter seconded the
motion and it was so voted.
Mr. Raymond reported that Mr. Garrity's car had been
Damage to damaged W6dnesday evening by a large limb falling on it.
Garrity's The estimated cost of repairing this is $72.00. The car is
car. Garrity's own but is used on Town work. Mr. Clark moved
that the expenditure be approved and charged to Storm
Emergency. Mr. Ross seconded the motion and it was so voted.
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Mr. Raymond reported that the Kelley tree on East Street
Kelley
did not even blow dawn during the storm. Mr. Potter moved
tree.
that the vote of last week to send Kelley a letter to the
effect that the tree was dangerous be rescinded. Mr. Ross
seconded the motion and it was so voted.
Mr. Raymond said that he had received a request from
three owners of proprty on Mass. Avenue for connection with
the sewer. They are Edith M. White, 386 Mass. Ave.,
Sewer -
Ragnhild Garfield, 368 Mass. Ave. and Dr. Harold Hookway of
Mass. Ave.
378 Mass. Ave. 'There is one other property belonging to
McArdle and Killion, the assessment on which will amount to
445. The assessments on the other three lots amount"to
690., making a total of $1135.00. TbLe total cost will be
ebout $900.00. The people who have not signed, McAz dl e
and Killion, will not agree to pay the assessments. There
is money available in the Sewer Construction, Sundry Streets
account. Mr. Ross moved that the extension of the sewer in
Mass. Avenue from the present end about 80 feet east of
Station Street for a distance of about 300 feet in an
easterly direction, be approved, the expense to be charged
to the Sewer Construction, Sundry Streets account, and that
assessments be levied for this installation. Mr. Potter
seconded the motion and it was so voted.
Letter was received from the Appropriation Committee
Transfer
advising that it had approved the transfer of 6120.00 from
the Reserve Fund to the Fire Department Underground Cable
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545
account. This amount was approved rather than the $130.
requested because the actual cost was $120.
Mr. Raymond submitted a copy of the executed contract
Contract
for engineering services on Docket Mass. 1370-F.
The Chairman read a letter which he had written to Mr.
Raymond and others thanking them for the excellent services
rendered during the recent -storm. Mr. Ross moved that the
letters be sent. Mr. Rowse seconded the motion and it was
so voted.
Letters of
Letter was received from Malcolm Clifford, Commander
thanks for
of the American Legion, reporting on the various Veteran's
work
organizations that worked during the storm. The Chairman
during
suggested that a copy of the report be given to the local
storm.
paper together with a copy of the Selectmen+s letter. Mr.
Ross said he thought that the letter from Mr. Clifford
should not be in the paper as names were mentioned, but
others thought it best to publish it. It was decided to
write a letter of thanks to the Chief of Police and Fire
Department and a separate letter of thanks to Mr. Clifford,
who was in charge of the veterans.
Letter was received from the Chief of Police expressing
his appreciation through the Board to the members of the
American Legion and other organizations who assisted the
Department in protecting the citizens of the town during
the recent crisis. He said that througta their services,
'
the town was saved from looting of stores and gasoline
stations.
Board of Appeals findings denying the application of Board of
W. B. Lawrence for permission to store and sell trailers on Appeals.
Waltham Street was received.
Letter was received from P. J. Neary of 5 Bennett Ave.
stating that the people next door had violated the Plumb- Complaint
ing regulations because of an overflow which they con-
structed. Report was received from the Plumbing Inspector
stating that the work done on the property next to the
Nearyts was done upon his suggestion and under his super-
vision. Mr. Potter moved that Mr. Neary be advised of
this fact. Mr. Ross seconded the motion and it was so
voted.
Comnitme nt of water connections in the amount of
012:50 and Sewer Connections in the amount of $53.77 were Commitments
signed by the Board.
Water liens to be recorded on Sept. 30th were signed. Water liens
Messrs. Mitchell & Morse appeared before the Board Welfare
relative to Welfare matters.
The meeting adjourned at 11:40 P.M.
A true record, Attest: �p
Clerk.
September 29, 1938
I met with Mr. A. A. Ross and J. J. Garrity and Mr.
Raymond in the Selectmen's room this morning. The original
figure estimated for clearing of trees on public ways was
$25,000. At this time Mr. Garrity estimates that this
total expenditure should be about 015,000. Mr. Garrity
points out that if the Selectmen should decide to remove
the stumps within the street lines on unaccepted streets, it
should be done at once because of the cost involved in moving
heavy equipment back to scattered areas there the stump -
pulling on private ways could be done when the equipment is
in the area working on public ways. Mr. Garrity and Mr.
Raymond estimate that this additional work could be done
well within the original 025,000. figure, this including
additional repairs. Mr. A. A. Ross approves of its being
done. Talked with Mr. Rowse on the telephone and he also
approved. Therefor three members of the Board approve
of the Town's renadaag the trees on private ways, and also
approve of.Mr. Garrityts removing such trees on private ways
as cannot be removed by abutters. These streets are to be
left to the discretion of Mr. Garrity.
Chairmah, 17tme
September 29 , 1938
I talked with Mr. Potter verbally, and he agreed to
this.
I talked with Mr. Clark on the telephone, and he said
that this was merely confirming what he understood the
Board approved last Tuesday night.
��_
Clerk, -Selectmen.
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