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HomeMy WebLinkAbout1959-09-21-BOS-min 287 1 SELECTMEN'S MEETING September 21, 1959 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, September 21, 1959, at 7:30 P.M. Chairman Maloney, Messrs. James, Adams, Ferguson and Mrs. Morey were present Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on September 14, 1959. Mr. Stevens advised that he had prepared contracts with Whitman & Howard for engineering services - 1959, No. 3, and 1959, No. L . The first was in relation to Engineering water main construction and the second has to do with contracts drain construction, Vine Brook. He explained that the amounts and totals have been approved by Mr. Carroll who recommended that the contracts be signed. Upon motion duly made and seconded, it was voted to sign contract No. 3-1959 and contract No. 4-1959 with Whitman & Howard for engineering services. The Chairman read a letter from Harold J. Toole, Director of Water Division and Chief Water Supply Engineer, M.D.C ., relative to the extension of the Metropolitan Water system in the Town of Lexington and—the City of Waltham. The legislation proposed has been pissed and signed by the Governor as Chapter 590 of the Acts of 1959. In order for the Commission to proceed with the construction of improvements authorized, it will be necessary for the Commission, the Town of Lexington and the City of Waltham to execute agreements at an early date relative to the amounts which Lexington and Waltham are to reimburse the Commission for a portion of the construction. Mr. Carroll reported he thought the reason for the Commission's intention to go down Concord Avenue instead of down Route 2, as originally discussed, was because of land damages. He said the subject was one for discussion, but no action can be taken relative 288 x Cc' to an agreement until theTown has some reply from the Air Force . He agreed to call the Commanding Officer in an effort to find out what decision the Air Force has made . Mrs. Morey said she would like to know more about the plan to go down Concord Avenue, and Mr. Stevens ex- plained that it is something that can be discussed with the Commission. Sewer Mr. Stevens reported that the sewer apportionment bill bill was finally signed and became Chapter 612 of the Acts of 1959. The Chairman read a letter from Edith L. Andrews, 21 Shirley Street, reporting that a town truck driven by Mr. Joseph Vitale struck the right rear of her car Claim causing damages estimated to be $417.60. Miss Andrews stated that she and Mrs. Esther Mowat were injured and as of now are still disabled. Mr. Stevens said that he had received a report of the accident from Mr. Carroll Letter was received from the County Commissioners advising that a hearing will be held on Tuesday, October 27 at 10:30 A.M. , in the Commissioners' Office, Superior Court House , East Cambridge, on petition of the Board for the alteration of the crossing of Valley Road, over the tracks of the Boston and Maine Railroad, by reducing the width of the crossing to effect a crossing for pedestrian traffic. Upon motion duly made and seconded, it was voted to Pole approve the following j/o pole location, said location location having been approved by Mr. Carroll: Concord Avenue, southerly side, approxi- mately 135' west of Chadbourne Road, -- One pole . (One existing j/o pole to be removed) . Mr. and Mrs . Amos J. Carr, Jr. , 53 Kendall Road, Carr sewer met with the Board in regard to sewer and construction easement easements located in part in lot 53A on Kendall Road claim and in lot 53 in the rear thereof, owned by Mr. Carr. Mr. Carr stated that he had been informed by Mr. Grush that the Board made an offer of $200 for damages and to restore the property to its original condition. Be asked if the Board was familiar with the lot. Mr. Carroll presented a plan and explained where 289 the sewer and construction easements were located in relation to Mr. Carr's property. Mr. Carr said that he has been informed by various people, experienced in the real estate field, that this lot is worth anywhere from $2500 to $3500. He stated he did recognize that the lot is not wholly destroyed as a building lot, but there is no room for a driveway or garage . He said the psychological effect on a pro- spective purchaser, seeing a manhole clover in the middle of the lot, is not good, and he felt that the market value of the property has been destrpyed. He said about 20% of the lot has been taken and he thought $600 is a more reasonable figure of the damages. He said, in his opinion, it will cost $100 to restore the lot to its original condition, and he feels that the Town owes him $700 instead of $200. Mr. Stevens explained that the Board was not too familiar with the subject. He said that since the taking, various discussions have taken place and he has had discussions with Mr. Grush who was acting, he said, for Mr. Carr. At the conclusion of their last conference, Mr. Stevens told him that he would recommend payment of $200 to dispose of' the case, and if Mr. Carr wanted more than that recommended, he eould bring his proceedings and have the case tried. He said the amount of $200 was a fair figure of any figure received from real estate appraisers. He explained that the taking in no way inter- feres with the driveway. The Zoning By-law provides for a side yard anyway. Mr. Carr said if a hardtop driveway was put in, the Town has the right to come in any time and service the sewer underneath the driveway with no obligation to re- pay for any damage done . Mr. Stevens explained that the Town would restore the premises in as reasonable good condition as before entry was made . He said if the Town did dig up the hardtop driveway, it would be obliged to restore it. Mr. Carr asked if the down would replace a garage if someone built one over the easement. Mr. Stevens replied in the negative and explained only the surface of the ground would be replaced. The Chairman asked if the easement followed the lot line and Mr. Carroll replied in the affirmative . He explained that there will be 321 feet on which to build a house which is 2k feet less than Mr. Carr would have had anyway. He said the pipe runs five feet off the lot line. Mr. Carr said he was under the impression that part of the function of the Board was to protect 1 290 x CD 1.4 individuals ofthe Town and said it seemed to him that common sense would dictate that there is more depreciation in value than 11100. Mr. Ferguson informed Mr. Carr that he lives on a lot that has a. sewer easement on it . Mr. Carr said he was talking about buying and selling. If he were going to buy a lot add saw a sewer manhole cover in the middle of the lawn, he would ask for a dis- count on the value of the lot Mr. Stevens explained that it not the experience the real estate people are having. Some lots in Town have sewer easements, water easements and drainage ease- ments. He stated that Sun Valley was one area and there has been no difference in the amount received, so he was told, for those lots as compared to the lots in the same development without easements. Mr. Carroll said that the manholes can be covered over at any time . He saw Mr. and Mrs. Carr for the first time on May 8, 1958, and at that time , told them a lo- cation could be chosen by them. On May 9, 1958, he wrote to the Carrs but never received a reply. Mr. Carr said the digging on the property was done the day after Christmas. In the spring, the men cane back and the rocks were left on top. No attempt was made to put loan over the backfill. He said there were a few handfuls of grass seed spread among the rocks and he called the Town Office and had several contacts with Mr. Carroll. Then Mr.Magoon went over. The next week it started to rain and rained for two weeks. He waited two more weeks and tried to contact Mr. Magoon. Three days after he reached him, someone came out and put a little loan on top of the ground He said it still was not more than 10% of what should have been done. He said he called Mr. Maloney and was able to get a little more action. He said he called Mr. Grush, the real estate agent, and has had much conversation but nothing has been done to restore the property, and he thought *100 would do it. He said a good deal of his time has been wasted, and he feels it is an imposition. The Chairman stated that he recalled talking with Mr. Carr and thought the matter had all bean straightened out, done to Mr. Carr's satisfaction. He said it was a matter of opinion. Mr. Carroll ekplained that Whitman & Howard's in- spectors were sent over to see Mr. Carr recently. He asked them what Mr. Carr wanted and they said in all honesty, they did not know after talking with him. Mr. Carroll reported that on July 30, 1959, be went to see Mr. Carr personally. Outside of the fact IIL 291 there was some very minor grading to be done , in his opinion, be saw very little wrong with the property. He asked Mr. Carr repeatedly what he wanted done, but was unable to get a definite answer. Mr. Carr said that he could support his case to an unbiased group. The Chairman said if the Town is obligated to do something for Mr. Carr, he thought it should be done, but the Board should know what is going to have to be done . Mr. Carr said that Mr Stevens has a letter of what he thought should be done . The Chairman said that when he talked with Mr. Carr, there was no conversation other than damage to property. Mr. Carr said that was correct. The Chairman said that the Board was not aware that any offer of a settlement had been made to Mr. Carr, and in arriving at the $200, it was, in the opinion of the Town ounsel, that it was a fair amount. Mr. Carr said he must have misunderstood, because he was under that impression which he received from Mr. Grush. The Chairman said as far as he was concerned, the $200 was a definite offer. He asked if Mr. Carr was asking $600 for damages instead of $200 and also an additional $100 for restoring the property. Mr. Carr replied in the affirmative . He asked the Board to reconsider the matter and said he has un- til October 6 to take any action he feels he should. The Chairman said Mr. Carr should protect his in- terest and in the meantime, the Board would discuss the subject with Town Counsel and Mr. Carroll. Mr Carr asked if he could expect to hear from the Board before October 6, and the Chairman replied in the affirmative . Mr. and Mrs. Carr retired at 8:20 P.M. Mr. Stevens agreed to contact Mr. Grush and report to the Board next week. Mr. Stevens referred to a letter received atom the Board relative to submitsion of 1960 budgets and again referred to the subject of an Executive Secretary. Executive The Chairman agreed to contact Weston, Winchester Secretary and Brookline, the three towns who now have an Executive Secretary and report to the Board next week. Mr. Stevens retired at 8:50 P.M. I 292 '-` 1.11 The Chairman read a letter from Whitman & Howard, Inc. , requesting certain information in connection with a traffic study and analysis of traffic to be made for the Massachusetts Department of Public Works. It was agreed to refer the subject to the Planning Board and Superintendent of Public Works in whose de- partments the desired information is available . The Chairman read a letter from Mr. Carroll, Super- intendent of Public Works, in reply to the Board' s let- ter of September 15 requesting submission of all budgets between October 26 and 30. Mr. Carroll referred briefly to the 1960 budget items as follaows: A 24" water main if the agreement is made with the Air Force ; Drain in the brook at the rear of the dump; A 12" water main under Route 128 when it is widened that will eventually go up to the Air Force . A sewer main under Route 128 that will eventually go to the lower part of Meagher- ville . Deepen the sewer main under Route 128 that will eventually serve McDevitt ' s land Minute-man Highlands' sewer. Robbins Road - Turning Mill Road area sewer. Sidewalks for Winchester Drive, Paul Revere Road, Waltham Street, Massachusetts Avenue near Tows, Park, and a section of Allen Street. Reconstruction of School Street. Reconstruction of a section of Marrett Road and School Street. Parking meters for both municipal parking areas, which will also involve curbing. The Chairman explained that the Beard has agreed to Taxi stand increase the area for parking taxicabs at Emery Park to accommodate four cabs instead of two and asked to have the curbing painted red. When curbing has been installed around Emery Park, Curbing & the Board intends to have parking meters installed. parking Mr. Carroll was requested to submit plans for the meters curbing at Countryside for discussion next week. Mr. Carroll retired at 9:45 P.M. Messrs. Roeder and Fitzgerald, Fire Commissioners, met with the Board *9 1960 budgets. ' 293 The Chairman explained that the Appropriatinn Com- mittee has asked to have the budgets presented earlier this year and also requested the Selectmen to notify the Department heads so that an effort can be made to submit budgets as soon as possible . Mr. Roeder said the Commissioners have not heard from the Committee . Items for the 1960 budget to be submitted by the Commissioners were as follows; Hot top the entire area at the Central Station. Increase telephone amount. Two additional men. (This will provide one additional man on each shift) . Replace transmission on ladder truck. Painting. Set of tools for the new stockroom. Repairing both slate roofs. (An item each year between $300 and $500. ) New ladder truck at an estimated cost of $38,000. (A 75' which is 10' more than the present truck) With reference to a sick leave policy Mr. Roeder explained that the men must submit to the ' omnissioners a written statement explaining the reason for their absence . The men are also given the privilege of ex- changing days off, limited to one change a month. Time off is allowed for death in a family and sickness at home . The Commissioners retired at 10:30 P.M. Upon motion duly made and seconded, it was voted to sign a Certificate of Incorporation on behalf of Dean E. Nicholson, L$2 Hill Street, satisfactory Cert. of character reference having been received from the Incorporatia Chief of Police . The Chairman read a letter from the Appropriation Committee advising that the Committee would like to meet with the Board for further discussion on budgets, Budgets October 19. The date for the joint meeting, as re- quired by the General By-laws, has been established as February 15. The Chairman read a letter from the Town Cele- Town Cele- brations Committee advising that Mr. Lincoln P. Cole, brations Jr., has been elected Chairman of the Committee, re- Committee 294 CD Cr 110 placing Mr. Gustin who has resigned. Suggested names as replacements for Mr. Hutchins and Mr. Gustin were Kingston Howard.., Robert Kingston and Ronald Woodberry. The Chairman read a letter from Philip J. Cormier & Sone, Inc . , relative to the purchase of tax title lots Tax title 64-72 Bellflower and Hamblen Streets. Upon motion duly made and seconded, it was voted that a notice to sell be advertised in the Lexington Minute-man and that further consideration be given the offer at the meeting on October 5, 1959. Mr. Adams did not vote on the subject. Mrs. Morey advised the Board that the Library Trustees will meet in the Selectmen's Room on Monday, October 5, 1959, at 7:15 P.M. The following recommendations made by the Traffic Study Committee were approved by the Board: TRAFFIC STUDY COMMITTEE RECOMMENDATIONS 1. Temporary jackets on parking meters . Traffic Stant whatever is necessary to remove re- Study strictions at the Central Block and put Committee it on Waltham Street. Fecommendation e. Bus stop at Douglass ' Funeral Parlor. 3. Parking meters in municipal parking areas. Install two hour parking meters in both parking areas. One hour parking in Depot Square . Acquire additional space for all day parking. 4. New sidewalks. Sidewalks should be included next year on: Massachusetts Avenue from Marrelpt Road to the Lexington Nurseries. Allen Street from Waltham Street up to the school. Winchester Drive . Paul Revere Road. 5. Worthen Road and Massachusetts Avenue . The Chief has checked with the School Department as to the number of children. He recommends that the children in the Robinson Hill area cross Massachusetts Avenue, walk through Hastings Road to Lincoln Street, down Lincoln Street on the left-hand side and cross where crossing lines will be painted for them. 295 6. North Hancock Street. Add the additional three feet that would normally be given for grass. The meeting adjourned at 10:50 P.M. A true record, Attest: ea►tive clerk, �Seleatme e4 U C