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HomeMy WebLinkAbout1941-05-2840 SELECTMENIS MEETING Yky 28, 1941 1.15 Viano req. to connect with Vine Brook drain A special meeting of the Board of Selectmen was held in the Selectmen►s Room, Town Office Building on Wednesday evening, May 28, 1941 at 5:00 P. M. Chairman Giroux, Messrs. Potter, Locke and Sarano were present. The Clerk was also present. Messrs. William C. Paxton, Stanley A. Higgins, Nathan B. Bidwell and Eugene J. Viano appeared before the Board. The Chairman said that Mr. Viano wanted to connect the drain from the basement of his new block to the Vine Brook drain. He thought there were three questions to be con- sidered. 1. The physical aspect; 2. Will we be starting something everyone else along the brook would want; 3. The legal angle. With regard to the first, he asked what, if any, damage would such a connection do to the Vine Brook pipe. Mr. Paxton said personally he was against allowing the connection to be made, but he talked with Mr. Whitman of Metcalf 8: Eddy who felt that the connection would not do an damage to the pipe. The Chairman asked if the drain Y g P p • would be reinforced where the entrance was made and Mr. Paxton replied in the affirmative. Mr. Viano said he wanted to put in 8 inch pipe, and make the connection 12 feet down from the top of the drain. The Chairman asked what chance there was of the water back- ing up in flood times causing a flooding of the basement. Mr. Paxton said that the drain was constructed to take care of a certain estimated volume of water. He said however, that if in some manner Vine Brook was filled up or choked up that the water would back up into the cellar of the block. He said of course that might be twenty or thirty years from now. Mr. Viano said that if the drain became choked up at any time, it would be due to negligence on the part of the Town. He said that there were about twenty grates across the pipe to prevent any stoppage happening. He said that if property was damaged because of the backing up of the water, the Town would be responsible for it. The Chairman said that the drain was not built to take care of the drainage from private property. Mr. Viano said it was put in for drainage and that is what it is intended for. He believed it was to take care of any drainage from the buildings in the center as much as natural drainage. Mr. Sarano asked if Mr. Viano intended to pump the water and he replied in the negative and said that it would be gravity flow. 1.15 Viano req. to connect with Vine Brook drain Mr. Bidwell said that this was an ancient stream and an ancient stream always has and always had to re- ceive a natural flow of water. He said that whether or not, the Town having constructed the drain as it has, it had to do away with that right was an open question but he doubted it. He thought that everybody had a right to drain into it. He said that perhaps it would be neces- sary to have drainage regulations and to compel people to abide by them. However, he thought that all the people in the area would have the right to drain into Vine Brook. The Chairman asked if the brook still took off all natural water and Mr. Bidwell said that it did. Mr. Sarano asked if Mr. Viano proposed to pay the Town anything for the Privilege of connecting the drain to Vine Brook and Mr. Viano said that he owned to the Middle of the brook and had always used it and didn't know why he should be de- prived of that right now. Mr. Bidwell said that Lexington had the habit of mak- ing takings by easements whereas he thought it better to make takings in fee. In easement takings, the right is limited to what is specifically mentioned in the taking, but if the taking is made in fee, it is unlimited. He thought that Mr. Viano's contention that the Town could not cut off his rights to drainage was sound. Mr. Viano said that most of the water in the cellar hole was seep- age and that if Mass. Avenue was not there he would not have the water condition. The Chairman retired to telephone Mr. Wrightington on the subject. Mr. Bidwell and Mr. Viano retired and the Chairman returned and said that Mr. Wrightington felt that as a practical matter it would be all right for the Board to allow the connection to be made, but he thought that they should sign an agreement binding on the present owners of the Viano property and their successors in title, to in- demnify and hold harmless the Town, its Agents, and ser- vants., against any liability, either to other riparian owners on Vine Brook, or to future owners of any part of the Viano property, resulting from the construction of this pipe and its connection with the culvert. The Chair- man took a poll of the Board and all were in favor of granting the privilege providing Mr. Viano signed a re- lease. 'Mr. Bidwell and Mr. Viano returned. The Chairman told them that the Board would allow Mr. Viano to connect with the drain but that it would be necessary for him to give the Town a written agreement indemnifying the Town from any damage resulting from the construction of this pile. He suggested that Mr. Bidwell and Mr. Viano call on Mr. Wright- ington this evening and arrive at some agreement so that if Mr. Viano so desired, the work could be started in the morning;. The meeting adjourned at 6;00 P. M. A true record, Attest: .�4 Clerk