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HomeMy WebLinkAbout1939-12-04 532 0-1 SELECTMEN'S MEETING fel DEC. 4th, 1939. ' 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, Rowse, Locke and Sarano were present. The Clerk was also present. Mr. Carroll appeared before the Board for thecdrawing of a juror. Mr. David A. Kidd of 7 Butler Ave. , grocer, was Juror drawn to serve at the criminal session in Calafitid.ge the second day of January, 1940. At 7:32 Messrs. Wrightington, Raymond and Cosgrove appeared before the Board. The Chairman said that last week R. L. Ryder brought in a paper relative to sewer Sewer assessments on Sherburne Road which he wanted the Board assessments to sign. The Board felt it would be best for Mr. Sherburne Wrightington to approve it before it was signed. Mr. Road. Wrightington said that the sewer was laid in Vine Brook Road and the Statute provides that the cost shall be assessed upon the estates that are especially benefitted for a depth of 125 feet but the entire estate shall be liable to assessment. At the time the sewer was laid, there were no lots laid out in the rear and the whole area might be con- sidered the estate. The plan and taking were in the usual form and did not define to what extent the lien should extend. The result is that Ryder is trying to sell land more than 125 feet back from Vine Brook Road and the purchasers want a clear bill of sale . The process of getting rid of any encumbranbe on the rear land because of the sewer is to have the Land Court issue a decree that the area is not subject to that sewer lien, if it will do so. Ryder has been seeking a way in which the Land Court could issue a decree. They stated that they would automatically issue such a decree if the Selectmen would sign an agreement saying that the lien does not extend beyond the 125 feet. Mr. Wrightington said that he was not absolutely sure that the , Selectmen had a right to issue such a statement. However, if they sign it end it is not legal, the Town has been done no harm. Ryder submitted an agreement and Mr. Wrightington objected to the form he had in first and Ryder has modified it. He said the Board wanted to consider whether or not it was establishing any precedent and whether or not it would run into any difficulty in the collection of the better- ments. The Chairman asked Mr. Wrightington if he believed the Selectmen might be establishing a precedent and he said he thought this would not occur very often and he did not recall that it had ever appeared before. The Chairman said the question was whether or not there was sufficient security in the 125 foot depth for the Board to be safe in signing this agreement. Messrs. Cosgrove and Raymond said they thought the Town had sufficient security. Mr. Wrightington said what 533 the Selectmen would be doing would be defining a limit to the assessment. Mr. Cosgrove said that if Ryder laid out lots on Sherburne Road with a depth of only 100 feet we would lose the balance of the 25 feet. He thought it best not to mention a figure, but to limit the assessments to the lots fronting on Vine Brook Road. Mr. Wrightington said he would talk the matter over fubther with Mr. Ryder and bring the matter up again. Mr. Cosgrove retired. Mr. Wrightington said that Mr. Victor C. Harnish, Bayliss attorney for Thomas Bayliss of Concord Ave. , had telephoned water and said that Miss Lily Johanson was willing to have a service service. installed through the private way to the Bayliss house and have the Baylisst pay for it. He had an agreement which Mr. Harnish had prepared and requested the Selectmen to sign agreeing to do the work. The Chairman asked Mr. Reimond if he approved of the paper. Mr. Raymond said that the paper stated that the extension in Concord Ave. was fifty feet when it actually was one hundred feet. Outside of that, he thought the agreement was all right. He said, however, he did not believe that Bayliss would get good water as one t a�ppo r , , . .ubtedl w� c'ar1`in on e Town "Con-t mous yylua Y�i a:di tional thirty feet so that the service could be tapped in thirty feet from the end of the main, it might be satisfactory. Because of these differences, it was decided to hold the matter over for one week . Mr. Wrightington retired. Mr. Raymond informed the Board that the Battle Green Chapter De ,olay had requested the use of Cary Hallon Sun- day, December 10th from 2 :30 to 10 :30 P. M. Mr. Potter moved Use of that they be allowed to use the hall free of charge that Hall afternoon from 2 :00 to 5:30 and from7:00 to 10 :30 in the evening, subject to a fee of $10.00. Mr. Sarano seconded the motion and it was so voted. The Chairman said he thought it might be a good idea to have a schedule of proposed rates drawn up and submitted Article to the Town Meeting Members for them to act on at the annual re rates. Town Meeting. The rest of the Board felt that this would be a good idea. Mr. Raymond stated that the Board had granted the Knights of Columbus the use of the hall on Dec. 5th for a play, but they advertised that there was going to be dancing Use of after the play. Mr. Raymond wrote the Council and said that Hall the matter was not originally presented to the Board on that basis and that the usual charge for a play and dancing was y$40.0O. The Chairman said that he talked with Mr. Eugene Buckley this morning and he informed him that the proceeds were for charity and they were having difficulty in selling tickets. Mr. Potter moved that the K. of C. be charged $10 additional if the hall has to be cleared for dancing. Mr. Rowse seconded the motion and it was so voted. The Red Cross requested the use of the conference room on Tuesday, December 12th, for a meeting. Mr. Potter moved that this be granted free of charge. Mr. Locke 534 CD CO met seconded the motion and it was so voted. The Board of Directors of the Chamber of Commerce requested the use of the conference room on December 7th. Mr. Potter moved that this be granted free of charge. Mr. Locke seconded the motion and it was so voted. Leary Notice of two suits , one in the sum of $2,000. and one suits . in the sum of $5,000. brought by William J. Leary against the Town were received. Mr. Raymond informed the Board that the Holmes lot on Holme Waltham Street had been studied and the most that would be lot, se- necessary to take would be enough to round the corner. He called said he did not know whether or not Park Drive or Forest Street would ever be carried across. Mr. Potter requested that a plan be made up showing what Mr. Raymond recommended we save. Mr. Raymond agreed to do this . Mr. Raymond said that a Mr. Hilton was building a house at the corner of Bennett and Baker Avenues. The entrance to the garage is on Bennett Avenue and is down low. Hilton has carried two low :tone walls out to the edge of the paved way and where a sidewalk will be built some day, there is a depression of about one foot . He talked with Mrs. Hilton and told her the walls would have to come out. Hilton He thought it in order to send Hilton a notice to do away property - with that construction out in the right of way and restore Bennett the level of Bennett Avenue to its original level. He said Avenue it would be rather difficult to get into the garage and perhaps Hilton would have to raise the garage. He thought the condition was a hazard, however, and said that if any- one drove over it and went into the depression their car might be ruined. Mr. Rowse moved that Mr. Raymond' s recommendation be followed and that a notice be sent to Mr. Hilton. Mr. Locke seconded the motion and it was so voted. Mr. Raymond said that Bowker Street was one of the streets which had been petitioned for acceptance. There is a very steep grade and the existing grade is as high. as 20% on part of the way but we can reduce it to as little ai 18% if we cut off the portion where it is steep. That will Bowker require relaying some water main for a distance of about Street 150 feet but it will straighten it out and make a uniform grade from the bottom of the hill to within 100 feet of Taft Avenue . He recommended eliminating sidewalks and that will make it easier to take care of driveways. They prepared an estimate with sidewalks and 21 feet of pavement which comes to $7.23 per front foot . They also prepared one without sidewalks and a 24 foot pavement which comes to $5.81 per front foot. He thought a sewer should be put in unless the abutters say they can get along without one for ten years. Sewer assessments would add an average of i4 more than $100. per lot to eight lots varying from $78. to $227.00. He asked which proposition the Board wished to 535 have presented to the abutters. Be. recommended the one without the sidewalks . Mr. Potter moved that Mr. Raymond' s I recommendation be approved. Mr. Sarano seconded the motion and it was so voted. Letter was received from Henry C. Gill, attorney for Robert L. Innis, a partner in the firm of the A.G. David Ice Co. Ice Co. Mr. Innis informed Mr. Gill that as a result ofdrainage' alai work performed by the Town of Lexington his company would be unable to harvest ice this winter on Granger Pond. Mr. Gill asked for details on the project. Mr. Raymond said he understood that Butterfield' s Pond was once called Granger Pond. He said that we made a taking to flood on the Wheeler land and took the pond in fee. The level of the pond has not been restored yet but probably will be by the end of the year. He thought they could cut ice there this winter just the same as they could last winter. Mr. Wright- ington suggested that a copy of the letter be sent to him, together with whatever information Mr. Raymond wished to send him. Mr. Raymond presented a maintenance bond for W. C. Ferguson, Ferguson, contractor on the North Lexington Sewer Project, bond. which was turned over to Mr. Wrightington for his approval. Mr. Raymond said that Butler Avenue ran from Carville Ave. to Baker Avenue and the grade was 6.16%. He said that Butler Carville and Baker Avenues do not have any constructed side- Avenue walks and he thought it best to omit the sidewalks on Butler Avenue. The estimate with sidewalks was $5.90 per front foot (bituminous) and $5.30 (gravel) . The estimate without sidewalks was $4.43 per front foot. This estimate includes some drainage to carry the drainage to a nearby water course. If sidewalks are built they will have to be plowed. Mr. Rowse moved that the estimate without sidewalks be presented to the abutters. Mr. Locke seconded the motion and it was so voted. Mr. Raymond said that he would specifically state on the assessment paper that the estimates did not include sidewalks. Mr. Rw mond said that if he puts a 400 watt lamp on the standardnow attached to the Cary Memorial Building, it will cost about $48.00 per year for electricity. A time Lights at switch and reflector will cost about $40. Mr. Sarano asked Parking if the circuit would take a 400 watt bulb and Mr. Raymond space. said he would check that with the electrician. He said he would try an adapter first which would cost about 626. a year. There is not sufficient money in the Town Offices account to pay for this but there is in the Street Lights account. Mr. Locke moved that the 400 watt light etc. be put on the Cary Memorial Building, the expense to be charged to the street lighting appropriation. Mr. Sarano seconded the motion and it was so voted. a 536 (4.r CC Letter was received from Metcalf & Eddy rPiat(aA ot 538 Mr. Potter moved that the application of Newcomb & Dailey for a Methyl Alcohol License at 34 Bedford Street be granted. Mr. Saran seconded the motion and it was so voted. Licenses Mr. Potter moved that the application of Max Berman for a license to sell all alcoholic beverages in packages at 12 Mass. Avenue for the year 1940 be granted, subject to the approval of the Alcoholic Beverages Control Commiss- ion. Mr. Sarano seconded the motion and it was so voted. Mr. Potter moved that the application of John J. Rudd for a license to sell all alcoholic beverages in packages at 1845-1849 Mass. Avenue for the year 1940 be granted sub- ject to the approval of the Alcoholic Beverages Control Commission. Mr. Sarano seconded the motion and it was so voted. At 10:00 P.M. Chief Sullivan and the three Police Sergeants appeared before the Board. The Chairman read a 'v' \s. letter from the Chief stating that excessive speed was the cause of many accidents in the town and he thought that posting signs at different points would help a great deal. He thought the elimination of "fixing" was the most im- portant thing to be considered. The Chief said he thought the thirty mile per hour limit was a very good thing. He Speed said, however, that there was so much territory between the limit. outskirts on Bedford and Waltham Streets and the center that was not congested, he did not believe a court would sustain a thirty mile per hour speed limit. Mr. Sarano recommended that the speed limit signs be posted at the folloWing locations : Bedford Street near Buttricks ' ; Mass. Ave. near the bluffs or near Wood Street; (the Chief said he thought that sign would be best just beyond Ready' s house; ) Waltham Street by the bend by Ricci's farm; (the Chief said he thought this sign would be best on the Lexington side of the bridge) ; Woburn Street at Webb Street; Pleasant Street at the .unction of Watertown Street; Maple Street at the Gaffney house; Marrett Road near Lincoln Street. Mr. Saran said that there was $200. available in Traffic Regulation and Control to pay for these signs. The Chairman asked the Chief how many signs he would recommend starting with to see how the plan worked, and the Chief said he thought five would be enough to start with. Mr. Sarano moved that five traffic signs stating a thirty mile per hour speed limit be purchased and erected, the cost to be charged to the Traffic Regulation and Control account . Mr. Locke seconded the motion and it was so voted. It was decided to leave the matter with the Chief to place the signs where he thought, would be most effective. The matter of speeding at Smith' s Paper Store was dis- cussed and the Chief said the only way to eliminate this was to put the traffic lights back into operation at the Minute-Man. 1�1 535 have presented to the abutters. •He recommended the one without the sidewalks. Mr. Potter moved that Mr. Raymond's recommendation be approved. Mr. Sarano seconded the motion and it was so voted. Letter was received from Henry C. Gill, attorney for Robert L. Innis, a partner in the firm of the A.G. David Ice Co. Ice Co. Mr. Innis informed Mr. Gill that as a result ofdrainage clam work performed by the Town of Lexington his company would be unable to harvest ice this winter on Granger Pond. Mr. Gill asked for details on the project. Mr. Raymond said he understood that Butterfield's Pond was once called Grengsr Pond. He said that we made a taking to flood on the Wheeler land and took the pond in fee. The level of the pond has not been restored yet but probably will be by the end of the year. He thought they could cut ice there this winter just the same as they could last winter. Mr. Wright- ington suggested that a copy of the letter be sent to him, together with whatever information Mr. Raymond wished to send him. Mr. Raymond presented a maintenance bond for W. C. Ferguson, Ferguson, contractor on the North Lexington Sewer Project, bond. which was turned over to Mr. Wrightington for his approval. Mr. Raymond said that Butler Avenue ran from Carville Ave. to Baker Avenue and the grade was 6.16%. He said that Butler Carville and Baker Avenues do not have any constructed side- Avenue walks and he thought it best to omit the sidewalks on Butler Avenue. The estimate with sidewalks was 05.90 per front foot (bituminous) and 65.30 (gravel) . The estimate without sidewalks was $4.43 per front foot. This estimate includes some drainage to carry the drainage to a nearby water course. If sidewalks are built they will have to be plowed. Mr. Rowse moved that the estimate without sidewalks be presented to the abutters. Mr. Locke seconded the motion and it was so voted. Mr. Raymond said that he would specifically state on the assessment paper that the estimates did not include sidewalks . Mr. R- mond said that if he puts a 400 watt lamp on the standardnow attached to the Cary Memorial Building, it will cost about $48.00 per year for electricity. A time Lights at switch and reflector will cost about y$40. Mr. Sarano asked Parking if the circuit would take a 400 watt bulb and Mr. Raymond space, said he would check that with the electrician. He said he would try an adapter first which would cost about $26. a year. There is not sufficient money in the Town Offices account to pay for this but there is in the Street Lights account. Mr. Locke moved that the 400 watt light etc. be put on the Cary Memorial Building, the expense to be charged to the street lighting approiriation. Mr. Sarano seconded the motion and it was so voted. 536 c Letter was received from Metcalf & Eddy relative to Contract 1 (DeCristafaro) North Lexington Sewer project. North The contract stated that work in three specified sections Lexington located in certain farm lands should be completed on or Sewer before May 1, 1939 and damages to the Town resulting from Project. failure to complete by that date should be liquidated in the sum of $5O. per day. There are three land owners on whose property the work required under the contract to be completed by May 1st was not so completed, William B. Porter et al, Gustaf Lidberg and the Lexington Botanical Gardens , Inc. On the property of the Porters , work was finally completed on May 25th. Prior to May 8th it was agreed by the land owner that the excavated top soil was too wet to be spread as required without causing greater damage than the delay would cause. He said he would be satisfied if the loam were replaced in small piles from which he could conveniently spread and grade it. This- was done by May 8th. Apparently the land owner changed his mind, however, and on May 25th the contractor spread the loam with a bulldozer. Metcalf & Eddy therefor did not find reasonable grounds for the assess- ment of liquidated damages with reference to this property. They saw no reason why the work on the Lidberg property could not have been completed by May 1st but the spreading of the top soil was not completed until May 23. They therefor found it reasonable to assess liquidated damages from May 1st to May 23rd or 22 days at X50. per day making a total of X1100. Although there was not adequate reason why the work on the Botanical Gardens property was not completed by May 1st, it was not completed until May 11th. The land owner, however, has signed an instrument releasing the Town from payment for compensation for damages. Metcalf & Eddy found it reasonable to assess liquidated damages for ten days at *50. if the town so elects. However, if the Town decides to waive the assessment of liquidated damages, Metcalf & Eddy thought this could be done and an extension of time granted to cover the delay on the ground that no damage was suffered by the Town and that the contractor considered himself released from the obligation to complete the work on time. Mr. Raymond said that the land owners had until December 6th to file suit. Mr. Rowse moved that the Board approve assessing liquidated damages equal to any damages to the Town because of such delay and if there are no damages claimed, that no liquidated damages be assessed. Mr. Locke seconded the motion and it was so voted. Letter was received from Metcalf & Eddy recommending Change the issuance of a change order on Contract 1, North Lex- order. ington Sewer (DeCristafaro) . Mr. Locke moved that the dhange order be signed. Mr. Potter seconded the motion and it was so voted. Letter was received from the Mass . Dept. of Industrial Accidents advising of a meeting of the Workmen' s Compensation 537 agents appointed by each municipality on December 4th. Mr. Raymond said he had been advised that Chapter 87 of the Workmen' s Compensation Act referred to in Chapter 152 was Insurance II accepted by the Town of Lexington in 1914 so he did not meeting know if we were supposed to have a Workmen' s Compensation Agent or not. No action was taken on the matter. Mr. Raymond said that there was a large Poplar tree on Bloomfield Street near Mr. Grindle ' s house which gave Removal trouble every time the Town had to plow snow. Mr. Garrity of tree. thought the tree was so large it should come down because it causes so much trouble. He suggested posting the tree for removal and if the neighbors do not object, that it be removed by ,,the W.P.A. tree crew. Mr. Locke moved that the rSelectmen, "acting as Tree Wardens, authorize the posting of the tree for removal. Mr. Rowse seconded the motion and it was so voted. The Chairman stated that the Merchant' s Division of the Chamber of Commerce were planning to have the business Lighting district in the center lighted from Dec. 9 through Jan. 5th. for It was planned to have a 25 foot lighted Christmas tree on Christmas Emery Park. He said that the Field and Garden Club was approached and they had no objection to the Christmas tree on Emery Park provided Mr. Garrity approved of it. Mr. Rowse moved that the idea be approved. Mr. Potter seconded the motion and it was so voted. I Mr. Locke moved that the street lights be left, on all Street nicht on Chri'stmgs Eve. , Dec. 24th and New Year' s eve, Dec. lights 31st. Request was received from the Electric Sewer Cleaning Cesspool Co. of Watertown for permission to pump out the cesspool at permit. 24 Somerset Road. The Chairman stated that the cesspool was three-quarters cleaned out this afternoon when it was dis- covered that the work was being done without a permit . Mr. Rowse moved that the company be given permission to complete the work but that it be instructed that no future work was to be done within the Town without a permit. Mr. Potter seconded the motion and it was so voted. A petition signed by seven residents of Hill and Summit Avenues requesting the installation of street lights on those Street streets was received. The matter was referred to Mr. Ray- lights mond for study and report. Petition was received from the Boston Edison Co. and the New England Tel . & Tel. Co. for a joint location of Pole poles on Watertown Street, between Cambridge-Concord High- locations way and Crescent Road, eight poles, and for a joint location of poles on Winthrop Road, between Mass. Ave. and Highland Avenue, eleven poles. Mr. Potter moved that the petitions be granted. Mr. Locke seconded the motion and it was so voted. 538 1.1 Mr. Potter moved that the application of Newcomb & Dailey for a Methyl Alcohol License at 34 Bedford Street be granted. Mr. Sarano seconded the motion and it was so voted. Licenses Mr. Potter moved that the application of Max Berman for a license to sell all alcoholic beverages in packages at 12 Mass . Avenue for the year 1940 be granted, subject to the approval of the Alcoholic Beverages Control Commiss- ion. Mr. Sarano seconded the motion and it was so voted. Mr. Potter moved that the application of John J. Rudd for a license to sell all alcoholic beverages in packages at 1845-1849 Mass. Avenue for the year 1940 be granted sub- ject to the approval of the Alcoholic Beverages Control Commission. Mr. Sarano seconded the motion and it was so voted. // At 10:00 P.M. Chief Sullivan and the three Police 0' 4- Sergeants appeared before the Board. The Chairman read a =0 \• letter from the Chief stating that excessive speed was the cause of many accidents in the town and he thought that t' posting signs at different points would help a great deal. He thought the elimination of "fixing" was the most im- portant thing to be considered. The Chief said he thought the thirty mile per hour limit was a very good thing. He Speed said, however, that there was so much territory between the limit. outskirts on Bedford and Waltham Streets and the center that was not congested, he did not believe a court would sustain a thirty mile per hour speed limit. Mr. Sarano recommended that the speed limit signs be posted at the following locations : Bedford Street near Buttricks' ; Mass. Ave. near the bluffs or near Wood Street; (the Chief said he thought that sign would be best just beyond Ready's house; ) Waltham Street by the bend by Ricci' s farm; (the Chief said he thought this sign would be best on the Lexington side of the bridge) ; Woburn Street at Webb Street; Pleasant Street at the junction of Watertown Street; Maple Street at the Gaffney house; Marrett Road near Lincoln Street. Mr. Sarano said that there was $200. available in Traffic Regulation and Control to pay for these signs. The Chairman asked the Chief how many signs he would recommend starting with to see how the plan worked, and the Chief said he thought five would be enough to start with. Mr. Sarano moved that five traffic signs stating a thirty mile per hour speed limit be purchased and erected, the cost to be charged to the Traffic Regulation and Control account. Mr. Locke seconded the motion and it was so voted. It was decided to leave the matter with the Chief to place the signs where he thought would be most effective. The matter of speeding at Smith's Paper Store was dis- cussed and the Chief said the only way to eliminate this was to put the traffic lights back into operation at the MinAte-Man. 539 The Chairman said that the question had been raised about parking in front of Jack Rudd's store and the suggest- Parking ion was made that we go back to 30 degree angle parking. Reg. The Chief said he favored a 45 degree angle . Mr. Rowse moved that Mr. Raymond be instructed to have lines painted for 30 degree angle parking on the easterly side of Mass. Ave. from the northerly entrance of Depot Park to Merriam Street, leaving the necessary ten feet from Merriam Street , plus apace equal to one car. Mr. Potter seconded the motion and it was so voted. The (Chief and Police Officers retired. Letter was received from the Town Counsel stating Loam that he would recommend omitting the collection of costs Removal from the two defendants in the case of Lexington v. Menotomy case. Trust Co. et al. The Clerk was requested to instruct Mr. Wrightington that his recommendation had been approved by the Selectmen. Letter was received from Miss Alice Newell thanking Letter of the Board for the use of Cary and Estabrook Halls in connection with the Christmas Pageant. Letter of thanks was received from the Rotary Club for the use of the snow fence on Thanksgiving Day. Letter was received from the Supt. of the Water Dept. relative to the abatement on the two accounts of Frank J. Thompson of Smyth Street which the Board authorized in order to eliminate the recording of a lien. Mr. Ross said • Water : that while he was willing and desirous of following the abatement instructions of the Board, he was very much surprised to receive notice of such an abatement inasmuch as the case had not been discussed with him. He said he thought this was establishing a precedent and he knew of nothing to prevent any person from asking for the same reason. He said that in the past, abatements had not been made unless absolutely necessary and if the standards of the Water Department were to be maintained, the abatements should not be made promiscuously. Mr. Neil McIntosh offered to purchase Lot 108, Farm- burst, Section 3, and this offer was discussed by the Board. Mr. Potter said he believed that some day the Town might want to extend Stedman Road through that lot and he Offer for would therefor recommend that it be held. Mr. Sarano lot. moved that Mr. McIntosh's offer be declined. Mr. Rowse seconded the motion and it was so voted. Report of the Board of Retirement for the month of Report October was received. Commitments of Water liens, Sewer connections and Commitments Water connections were signed. Mr. Morse appeared to discuss Welfare matters. Welfare The meeting adjourned at 11 :45 P.M. A true record, Attest : Clerk.