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HomeMy WebLinkAbout1960-09-08-min 130 0.3SELECTMEN 'S HEARING Streets September 8, 1960 The Board of Selectmen held a hearing in Estabrook Hall, Cary Memorial Building, on Thursday, September 8, 1960, at 8 :00 P.M. Mrs . Morey, Chairman, Messrs . Higgins and Coscia, of the Engineering Department, and the Execu- tive Clerk were present The Chairman called the hearing to order and explained that it was held for the purpose of making and establishing extensions and layouts of stre is to be presented to the Special Town Meeting, September 26, 1960, for acceptance by the Town. She also stated that notices of the intention of the Board to pass an Orcer for the layouts were delivered by Constable to all property owners as they appear on the most recent tax list . She explained that acceptance by the Town is a legal procedure by whichthe Town, after ac- ceptance , is required to maintain the streets, and streets are not accepted by the Town Meeting unless they have been constructed according to Town specifications . She said that there are two types of streets; those built under the subdivision Control Law by developers which normally require no construction and on which no betterments are assessed, and stated that the majority of the streets to be considered at this meeting were that type The other type , which are private streets when accepted by the Town, are constructed to Town specifications and betterments are charged. The Chairman said that the hearings would proceed street by street and stated that Mr Higgins and Mr. Coscia of the Engineering Department were present to answer questions and to explain the plans posted on the walls . She asked anyone wishing to speak in favor or in opposition to give their name for the record. The first street taken up was Minola Road, from Highland Avenue 625 feet, more or less, westerly and Mi.nola. southerly. Road Mr. C . Charles Luca, 5 Minola Road , said there is an easement shown on the plan and he would like to know that it is . Mr. Hig ins explained that the plan, as shown, is a layout of the street. The easement was laid out as part of the subdivision and has no affect at all on the street . He said if the easement does exist on Mr. Luca' s lot, it would be recorded in his deed, and the fact that the Town is laying out the street has no bearing on it . 131 The Chairman explained that this street was laid out under the Subdivision Control Law No one else wished to speak in favor or in opposition to the acceptance of Minola Road and the hearing was declared closed The Chairman said it would be taken under advisement . The next street taken up was Chadbourne Road, from Concord Avenue 265 feet, more or less, southerly and 580 feet, more or less, easterly and 215 feet, more or less, westerly. Mr Victor Miner, 6 Chadbourne Roac , inquired about sewers . Mr. Higgins stated that this year, as the people knew, the Town was bringing the trunk sewer to the Chadbourne general area of Minute Man Highlands . He said that it Road would be available the following year upon petition of the property owners . He stated that if the people peti- tioned for the sewer, the Board would take it under ad- visement Mr. Miner asked if the sewer had anything to do with the street, and Mr. Higgins replied in the negative The Chairman explained that if the sewer is instal- led after the street has been accepted, the Town would have to pay for the cost of replacing the street No one else wished to speak in favor or in opposition to the acceptance of Chadbourne Roaa and the hearing was declared closed The Chairman said it would be taken under advisement. The next street taken up was Lawrence Lane from Pleasant Street to Pleasant Stre t Mrs. Theodore Mairson, 29 Lawrence Lane , asked if the Town was bringing the main line of the sewer in this year Mr. Higgins replied in the affirmative and said Lawrence that it will be in the general area by the end of this Lane year and that work is being done on the contract now. Mrs . Mairson asked if application for the sewer had to be made by a certain date . She stated that there is an association that will handle the corres- pondence . Mr. Higgins replied that if the people want to connect to the sewer next summer , they must have a peti- tion in by October first of this year If they want the sew,,r the following year, the petition would have to be in by the first of October in that year. Mrs . Mairson asked if there was a plan as to how the sewer will be taken to the residential area, and 132 srz Mr Higgins replied that there is no accepted plan but the Public Works Department knows how it will be done . He explained that the sewer would be brought to Lawrence Lane under the contract and after that the sewer is ex- tended by the Town to service the houses Mrs . Mairson asked how she could find out about the cost, and Mr. Higgins said that immediately after the property owners apply, the Engineering Department would have an estimate of cost prepared and sent out . The Chairman said she would not say immedlately and stated that it probably would not be that quick Mrs . Mairson asked to whom the petition should be sent, and theChairman replied that it should be submitted to the Board of Selectmen. It would then be referred to the Public Works Department and an estimate of the cost would be prepared and sett oUt for signatures . She said when the signed sheets are returned, the request is then added to requests alre9dy received. She recommended 100% signatures. Mrs Mairson asked if there were any advantages to not h9ving an accepted street, and Mr. Higgins replied in the negative Mrs . Mairson asked if there would be any charge for acceptance of the street, and Mr Higgins replied in the negative . Mr. Walsh, Childs Road, asked if the normal procedure would be to have the streets presented to the Town Meeting and accepted without any further discussion if there were no objections at this hearing. The Chairman replied in the affirmative and stated that in the case of Robinson Hill, certain easements have to be worked out with Mr. Newgent and he has assured the Town that they will be taken care of before Town Meeting. No one else wished to speak in favor or in oppo- sition to the acceptance of Lawrence Lane and the hearing was declared closed. The Chairman said it would be taken under advisement . The next street taken up was Lillian Road, from Lowell Street 675 feet, more or less, westerly No one wished to speak in favor or in opposition to Lillian the acceptance of Lillian Road and the hearing was de- Foad c7a red closed. The Chairman said it would be taken under advisement . I 133 The next street taken up was Rolfe Road, from Fulton Road a distance of 190 feet, more or less, southerly. No one wished to speak in favor or in opposition to the accepta-ce of xolfe Road ald the hearing was Rolfe Road declared closed. The Chairman said it would be taken under advisement The next street to be taken up was Fulton Road, from Lowell Street a distance of 615 feet, more or less, easterly. No one wished to speak in favor or in oppo- Fulton Fu,c sition to the acceptance of Fulton Road , and the hearing was declared closed. The Chairman said it would be taken under advisement The next street to be taken up was Thoreau Road from Emerson Road to Lowell Street . Mr. Stanley Bernstein, 3 Thoreau Road, said some- thing was mentioned about meeting specifications before the Town accepts the street. He said the shoulder be- tween the sidewalk are. the road is far from satisfactory Thoreau foPL as far as seeding and loaming is. concerned. Mr. Higgins explained that the builder is required to build the shoulders with a certain amount of loam and enrugh grass growing on the shoulders to keep the water in the gutter on the pavement itself. He said the builder is not req :fired to use a high-grade grass seed and there are occasions when it does not match the lawns Mr Bernstein said the shoulder of Thoreau Road at the corner of Alcott Road is all gravel and is not what he considers reasonably seeded. Mr. Higgins said that after the street has been ac- cepted, the Town will be responsible . Mr. Paul R. Heberling, 5 Thoreau Road, said his pro- perty is 90% gravel . He said he put grass seed in him- self and has nothing but weeds Mr. Bernstein said he would object to the acceptance of a road that has to be replaced and paid for by the Town and he , as a taxpayer, would have to bear in the expense . Mr. Higgins explained that the Town requires some- thing that will not be washed out . Mr. Bernstein said he understood a gravel top was not acceptable Mr. Higgins said there are times when these things are missed and this may have been one of them. Mr. Bernstein said he wanted it in the record that he does want the street accepted, but does not want to share in the burden of cost. 134 10..► Immo The Chairman said that Mr. Bernstein was pointing out that he does noqiiiig shoulders have been prepared in proper fashion and that they should be before the street is accepted. Mr . Heberling said that there is a break in the road in front of his house and the surface of theroad has tractor marks. He said the road itself is at a level that causes the sidewalk to be higher than his property He stated that he and Mr. Bernstein have a considerable amount of water at least eight or nine months of the year. He said there is something wrong that causes this water Mr. Coscia said that Mr. Heberling lives in one of Mr. John Nome 's houses that was built before the side- walk was put in and Mr. Moore did not know how high the sidewalk would be . He said this was not the Town' s fault but the builder' s . Mr. Heberling said it was the Town' s responsibility and hot Mr. Moore ' s Mr. Higgins said that the road has to be built before the house Everything done after that whether it is right or wrong should be compared to the road. Mr. Heberling said he understood there should be a completed plan of the subdivision and this plan should be so that the builder can arrange the fouxflations so they are commensurate with the road plan. Mr. Higgins said the Town has the responsibility of the road and what the builder does from then on is not the Town' s responsibility The Chairman explained tht the subdivider' s plan is approved by the Planning Board and the Building Inspector checks as to setback and sideyards . If the builder wants to build a house low or high, the Build- ing Inspector has nothing to do about it Mr. Higgins stated that the Town has no jurisdiction as to whether the house is high or low. Mr. Bernstein said the road is supposed to be in and built before a house is built . Mr. Higgins explained that the grade of the read is approved on a plan before the houses are planned. Mr. Heberling asked if the Town was concerned about the drainage and Mr. Higgins replied that the Town is concerned about the c..rainage of the road and what happens on the lot is up to the Health Department to a certain extent. He said there is a by-law whereby no house or lot can be connected into a drain. The Chairman said that the Engineering Department would check into the matter . Mr. Heberling asked about street cleaning and said the street is loaded with gravel. The Chairman said the street would not be swept by the Town until it is accepted 135 No one else wished to speak in favor or in oppo- sition to the acceptance of Thoreau Road and the hearing was declared closed. The Chairman said it would be taken under advisement . The next street taken up was Whitman Circle , from Thoreau Road a distance of 330 feet, more or less northerly. Whitman Mr . C . Raymond Block, 1 Whitman Circle , said that Circle at present the circle doesn' t have any sidewalks and asked if it was the intention to put them in. The Chairman replied that if he desired a side- walk, he should apply and there would be a betterment charged. Mr. Block asked if a sidewalk would be built without anyone requesting it , and the Chairman replied that she did not believe so. Mr. Block said that at the circle part of the road there are no sewer drains but at the beginning of Whitman Circle , there are two. He said the water from the circle piece of the property runs down the whole circle until it reaches the drains at the point of Thoreau Road and Whitman Circle and in man y cases spreads out to the property before it gets to the sewer drains . He asked if same drain was not put in that should have been put in Mr. Higgins explained that there was no drain de- signed and if the water is going onto the property, it will be corrected by the Town after acceptance by either building the shoulder up or putting in a berm. No one else wished to speak in favor or in oppo- sition to the acceptance of Whitman Circle and the hear- ing was declared closed. The Chairman said it would be taken under advisement . The next street taken up was Alcott Road from Thoreau Road 770 feet , more or less, northwesterly Mr. Henry J. Roth, 11 Alcott Road, said he Alcott Roaa would like to mention something not directly to do with the acceptance of the street but rather the problem of renumbering the houses on the street The Chairman said that theBoard had Mr. Rothts letter, that the subject has been discussed with the Planning Board and it is believed that a solution has been found. She explained that, in discussing this with Mr. Carroll, she understood that the plan for the other side of Alcott Road has not gone so far but that the name of that street can be changed and the present numbers on Alcott Road will remain the same . She stated 136 1.4 op- that the information was maze available only this after- noon. Mr Roth said he had been advised differently. The Chairman stated that everyone has been trying to work out some satisfactory solution. No one else wished to speak in favor or in oppo- sition.to the acceptance of Alcott Road and the hearing was declared closed. The Chairman said it would be taken under advisement The next street taken up was Emerson Road from Vine Brook 740 feet, more or less, southeasterly Mr. Harold S. Goldberg, 10 Alcott Road, asked if this portion was the l_ ortion that has been built and the Chairman replied in the affirmative . 7,merson No one else wished to speak in favor or in oppo- F nad sition to the acceptance of Emerson Road from Vine Brook and the hearing was declared closed. The Chairman said it would be taken under advisement The next street taken up was Graham Road from Burlington Street a distance of 700 feet, more or less, southerly and easterly Graham Mrs. Frances E Ampolo, 185 Burlington Street , Pcadsaid that some of her neighbors did not receive a notice of the hearing . The Chairman read a list of seven names and addresses listed on the Constable ' s return certifying that notices had been delivered. No one else wished to speak in favor or in oppo- sition to the acceptance of Graham Road and the hearing was declared closed. The Chairman said it would be taken under advisemBnt . The next street taken up was Whittier Road from Graham Road 645 feet, more or less, southwesterly Mrs Ampolo said again, on this road, some of shittier the people did not receive notices . She said the Pod question of street lights came up and asked how they could go about getting them The Chairman replied that she should write to the Board of Selectmen and request the installation of street lights . The request is referred to the Super- intendent of Public tiNorks and lights are installed as Town Meeting allows No one else wished to speak in favor or in oppo- sition to the acceptance of Whittier Road and the hearing was declared closed. The Chairman said it would be taken under advisement 137 The next street taken up was Childs Road from Cedar Street 135 feet, more or less, easterly Mr. William T iJalsh, 11 Childs Road, asked if the easement in question was the one for the old sewer never used by the Town Childs Fioad Mr Coscia explained that the easement in que stir n is the one that Harvey Newgent haL never given the Town Mr. Walsh asked if the solution was to eliminate the easement The Chairman read a letter from Mr Snow, Planning Director, relative to obtaining sewer easements in the Robinson Hill area and he understood that Town Counsel is to prepare grants of easements to be sent to Mr . Newgent to obtain the necessary execution of each in- strument . It is hoped that the properly executed in- struments will be returned prior to the Town Meeting. Mr. Walsh asked if Mr Newgent would ask the people to give easements. He said the easement is on the plan but it does not appear on the deeds . Mr. Higgins said that Mr. Newgent would try to get the people to give the easements . Mr. Coscia said that the easement on Mr Walsh' s land is not in use . The easement to be acquired is in use Mr. Walsh said there is a traffic problem in the area He said the children have only one place to play and that is in the street . He asked what to do to have it made one way. The Chairman said that Mr. Walsh was talking about a 'Oroblem that will continue to exist, and that he was one of the individuals witha house on a large lot, and one reason of the requirement for large lots was so that the children could be kept in their yards She stated that it is the responsibility of the parents to keep the children off the streets . She explained that the people could ask the Town to corstruct sidewalks for which a betterment of $1.00 per running foot is charged Mr. Walsh said that in St. Louis the town puts up wooden horses placed unevenly on the street so the traffic is slowed down The Chairman said if the speed of the traffic was such that he considered it dangerous, a call to the Police Department would be in order but she did not think he would have the right to ask people to keep off the street so the children can play in it . She said children, and she has had children, should be told where they belong, Mr. Walsh said the children, about thirty, go to the Hancock School and have to cross the busy street in the morning when traffic is heavy. 138 ' 0.2 The Chairman asked if they crossed at the bottom of Hastings Road and Mr. Walsh replied that they go to Warthen Road . Mr. Laren said he would like to go along with what Mr Walsh has said and he feels very strongly about it . The Chairman explained that most of the people using the streets are residents of the town Mr. Lowell L. Wilkes, Jr. , 4 Childs Road, asked if there would be any traffic measures that would be differ- ent if the street is not accepted than there are if it is accepted. Mr. Higgins replied that the road as a private way has been built and dedicated for public use so anyone can go onto the road as well as the people who live on it. Mr. Walsh asked if it could be made one way and Mr. Higvins said he doubted very much if the people could make it one way. No one else wished to speak in favor or in oppo- sition to the acceptance of Childs Road and the hearing was declared closed. The Chairman said it would be taken under advisement The next street taken up was Diana Lane from Childs Road 610 feet, more or less, northerly. The Chairman explained this is a portion of Diana Lane which is now in excellent condition and the other Diana Lane portion would be taken up later Mr. Lloyd McIntosh, 15 Childs Road, asked if there were any easements and the Chairman replied just that one . Mr. McIntosh asked if that was the only easement difficulty and Mr. Coscia replied in the affirmative . No one else wished to speak in favor or in oppo- sition to the acceptance of Diana Lane and the hearing was declared closed. The Chairman said it would be taken under advisement. The next street to be taken up was Wingate Road from Diana Lane 795 feet, more or less, northeasterly. Mr. Coughlin said he noticed h/w on the plan and asked what it meant. ingate The Chairman explained that it means husband and Ton wife Mr. Coughlin said that was incorrect as it should be brother and sister. No one else wished to speak in favor or in oppo- sition.to the acceptance of Wingate Road and the hearing was declared closed. The Chairman said it would be taken under advisement. The next stre t to be taken up was Leeland Terrace 189 from Wingate Road 350 feet, more or less, southeasterly Mrs. Richard Saulnier, 7 Leeland Terrace , said she Leeland was in favor and requested street lights Terrace No one else wished to speak in favor or in oppo- sition to theacceptance of Leeland Terrace and the hearing was declared closed. The Chairman said it would be taken under advisement. The next street to be taken up was Hastings Road from Massachuset s Avenue to Childs Road . No one wished to speak in favor or in opposition Hastings to the acceptance of Hastings Road and the hearing Road was declared closed. The Chairman said it would be taken under advisement. The Chairman stated that this concluded the streets which have been built under the Subdivision Control Law The next street to be taken up was EmersonRoad from East Street 240 feet, more or less, northerly. The Chairman explained that this road connects East Street to the Emerson Road previously mentioned Emerson and runs beside the house recently renovated on East Road Street and now for sale . She stated that last March the Town Meeting voted to purchase this for $3500 with the provision. that if the road were built within two years, the price of the lot would be $1.00. She said the Town would pay for this section of the road One man asked why a road was being put in where there are no more than a dozen houses in an area off the beaten track He said it seemed odd to him and somewhat needless . The Chairman explained this is part of a master plan of Lexington, and when Mr. Moore developed Burnham Farms, he left a seventy-foot strip for Emerson Road be- cause Emerson Road one day will be one of the major roads in Lexington. Mr. Robert E Cross, 1 Thoreau Road, said that is not what Mr Moore told him. He told him that road would not be connected through in the next decade Mr. Cross said there are other ways to spend taxes with- out cutting reads that are not necessary Mr. Higgins said that if Mr. Cross would stop in at the Engineering Department at any time , he would be glad to explain the road to him and stated that the plan may be available in the office of the Planning Board. Mr. Cross asked what the people could do to hinder in any way any action towards putting that road in at the present time The Chairman stated that Town Meeting voted to buy a piece of land for $3500rand it will cost $1.00. She explained this waa part of the long-range plan. She 1400.3 c3 said if Mr Cross would look at the bridge , he would notice it was built wider than necessary. This was done for for the future and the Town paid for the extra width of the bridge . She stated that this had been planned for a number of years. She explained that if the Town does not construct that road in two years, it will have to be done afterwards and so $3500 will be lost . Mr Cross said there is no need for the additional egress to the development. Mr Higgins explained that the town has already agreed to purchase this land for a road layout for $3500. If the town builds the road within 2 years, the cost of the land will be $1 00. Building within two years will save $3500 . Mr. Cross asked to whom the Town was committed for $3500 and Mr. Higgins replied he believed it was the Todd Realty Trust. Mr. Cross said the only person receiving any benefit is Mark Moore . The Chairman said the overall plan shows that this street was planned to go through to East Street and it should go through to East Street . She said that, further- more , there will be a water line put through there and the water service will be better. Mr. Cross said he would like it noted on the record that he as an individual was requesting the Town to request an extension of this agreement with Mr Moore No one else wished to speak in favor or in oppo- sition to the acceptance of arson Road and the hearing was declared closed. The Chairman said it would be taken under advisement . The next street to be taken up was Diana Lane , from Hill Street 350 feet, more or less, southeasterly. Mrs . A. J hn Gale , 10 Diana Lane , asked about the betterment and-Mr. Higgins explained thatthe Town has been using $7.50 a front foot for building roads on Diana Lane either side so the total was *15 a square foot It was found to cost $23 .90 to build the roads and so the charge will be $15. He said the Town is in the process of get- ting the price up. However, on Diana Lane , the estimate of $7.50 was used . Mrs . Gale asked what was wrong with the road outside of her property. She said she understood the road was going to be finished after she moved in but it never was and they paid to have it finished. Mr. Higgins explained that the road is not built to Town specifications which call for a road twenty-four feet wide and the present width of the road is somewhat less . Mrs . Gale asked if he was sure , and he replied that 141 he was certain it is not as wide as the road Mr. Newgent built. The Chairman asked if Mr. Shoemaker built to Hill Street and Mrs . Gale replied in the negative . Mr. Higgins explained the portion the town is going to build takes in the first lot, the second lot and half of Mrs . Brown' s . Mrs . Brown said when that part of the street was tarred, it was not twenty-four feet wide but it was finished even with the edge of the street on her side of the street Mr. Higgins said that actually the entire area would be resurfaced He said he thought the drainage was in and met the specifications The Chairman said if drainage is in, the cost would not be as high. Mr. Higgins said the cost would be around $ 10.00 with drainage . The Chairman stated that it was planned to put Diana Lane through but therewas a little altercation with the people living in the house facing Hill Street . She said it is desirable to put the street through and make it the Town' s responsibility Mrs. Gale asked if Mr. Higgins would l6ok at it again and he agreed to do so. Mrs. Brown said she did not think there should be an assessment on the portion already built and Mr. Higgins said that would be reconsidered. No one else wished to speak in favor or in oppos- ition to the acceptance of Diana Lane and the hearing was declared closed. The Chairman said it would be taken under advisement. Someone asked about the width of Emerson Road and the Chairman explained that it was seventy feet with a twenty-four foot pavement . She said the lot that looks like the individual' s lawn is not his . Mr. Cross said the side of the brook off Emerson Rbed is disgraceful. He said the Town owns it and it should be cut . He said he was referring to the land between the brook and Emerson Road about which he called and was told the Town owns it . The meeting adjourned at 9:20 P.M. A true record, Attest: l Q ' ef4tiv(0l4-k, Sete to n - ' 1 . V 6 c