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HomeMy WebLinkAbout1958-09-22-BOS-min 443 SELEC TMEN'S MEETING September 22, 1958 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, September 22, 1958, at 7:30 P.M. Chairman Maloney, Messrs . James, Tucker, Adams and Mrs. Morey were present. Mr Stevens, Town Counsel, Mr. Gayer, Superintendent of Public Works , and the Executive Clerk were also present. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate one hip guy and anchor on Bow Street Mr. Consilvio, representing the telephone company was the only per- son present at the hearing. Upon motion duly made and seconded, it was voted to approve the petition and sign the order for the following hip guy and anchor location: Hip guy and anchor Bow Street, southeasterly side from a pole located approximately 420 feet southwest of Winn Avenue Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate one hip guy and anchor on Foster Road. Mr. Consilvio, representing the telephone company and Mr. Peter J. Cahill, L Dane Road, were present at the hearing. Hip guy Mr. Cahill said he objected in the first place and anchor but the telephone company or Edison Company talked his wife into placing the guy. He said when he built his house , he had the services put underground, and he felt a guy wire would be hazardous and would not add to his property. Mr. Tucker explained what a hip guy is and drew a sketch of what the petitioner proposes to do Mr. Cahill said that he had no objection and left the meeting at 7:10 P.M. Upon motion duly made and seconded, it was voted to approve the petition and sign the order for the following hip guy and anchor location: Foster Road, northeasterly side from a pole located approximately 95 feet southeast of Dane Road. Mr. Consilvio retired. 444 Mr. Stevens presented anOrder of Taking of land situated on the westerly side of North Street as shown on a plan entitled "Plan of Land in Lexington, Mass ." dated August 14, 1958, Albert A. Miller - Wilbur C . Nylander, Civil Engineers and Sun.veyors, believed to be owned by Edith W. Willard and Genieve Robinson. Willard land He referred to a water betterment assessment North Street levied against theproperty some time ago in the amount of $395.66 and explained that payment was deferred until such time as the land was sold or use made of it . Miss Willard does not anticipate any bene- fit from it and does not think any benefit will ever Order of be derived from it . She feels that the town is acquiring Taking the property at a reasonable price and should abate the betterment Mr . Stevens reported that in a conversation with Mr. Jaquith, he was advised that if this subject had Abatement been previously mentioned, in addition to the Town assuming the taxes, it would have been recommended that the betterment be abated. Upon motion duly made and seconded, it was unanimously voted to sigh the Order of Taking and also to abate the water betterment assessment levied against the property in the amount of $395.66. Mr. Stevens advised that, in addition to the Order of Taking, there is an agreement to be signed by both parties that has to do with payment of the money. He explained that the price of the land was Agreement $60,000. Upon receipt of a deed and release , the Town is to pay $17,500; on or about February 15, 1959, it will pay $21,500 and on or about February 15, 1960, it will pay the final sum of $21,000. Upon motion duly made and seconded, it was voted to sign the Agreement in the following form: AGREEMENT Agreement made this 22nd day of September, 1958, between the Town of Lexington, a municipal corporation in Middlesex County, Massachusetts, acting by its Board of Selectmen, who, however, incur no personal liability by reason of the execution hereof or of anything contained herein, hereinafter called the Town, and Edith W. Willard, of said Lexington, and Genieve Robinson, of Ormond Beach, Florida, hereinafter called the Party of the Second Part, which expression shall include their respective executors, administrators and personal representatives . WHER3AS, by instrument dated December 16, 1957, the Party of the Second Part granted to the Town an option to 445 acquire at a price of $60,000 a certain parcel of land situated on the westerly side of North Street in said Lexington and containing about 58 acres, which option was duly exercised by the Town, and WHEREAS, the Town, pursuant to said option, has made a taking of said land by eminent domain by an Order adopted by the Board of Selectmen dated September 22, 1958 and to be recorded in Middlesex South District Registry of Deeds NOW, THEREFORE, the said Town agrees that, in con- sideration of the delivery to it by the Party of the Second Part of a satisfactory confirmatory deed of said land and a release of all damages arising out of or re- lating to the taking of said land byeminent domain, it will make payment of said price of 60, 000 to the Party of the Second Part as follows : 1. Upon receipt of said deed and release, it will pay forthwith the sum of $17,500. 2. On or about February 15, 1959, it will pay the further sum of $21,500, and 3. On or about February 15, 1960, it will pay the final sum of $21,000 . It is mutually understood and agreed that checks in payment of the aforesaid sums are to be made in equal shares to said Edith W. Willard and to said Genieve Robinson, if both are living on the date of payment, and that all is to be paid to the survivor if one. only is living at the date of payment, and that if both die prior to the date of the final payment, such amounts as remain to be paid shall be paid to the Estate of the survivor. IN WI'rtlSS WHEREOF, we hereunto set our hands and seals in Lexington, Massachusetts this 22nd day of Sept- ember, 1958. TOWN OF LEXINGTON BY Edith W. Willard /s/ Alan G. Adams Genieve Robinson /2/ Ruth Morey I 111 /s/ Raymond W. James /s/ Ralph H. Tucker Majority of the Board of Selectmen X46 oec The Chairman read a letter from Dorothea J. LaFlamme, 259 Lowell Street, relative to temporary easement taken for sidewalk construction. Mrs. La Sidewalk Flamme thought she was entitled to re±tbursement easement for four feet of land. Mr. Stevens explained that no property has been taken and the temporary easement is merely the right to go onto the property to slope the land. He said he would compose a letter explaining the sluation to Mrs . LaFlamme . The Chairman read a letter from Nathaniel P. Bid- well, attorney for Paul B. and Olive E. Lloyd, with reference to sewer betterment assessment levied against the Lloyd property, 202 Cedar Street. Mr. Bidwell claimed to have filed a request for deferment under Chapter 159 of the Acts of 1950 which cannot be located. He was duplicating the request on the Lloyds ' behalf and re- questing deferment. Lloyd Mr. Stevens explained that unless the house is on sewer a separate lot, Mr. Lloyd will have to create a separate betterment lot. At that time, he can ask to have the balance on the other two lots deferred. Mr. Gayer presented a plan and indicated the parcel of land assessed, and Mr. Stevens said that it appears from the plan that Mr. Lloyd has a house lot not separated from the other two buildable lots. He agreed to check his records on the subject and report further next week. Letter was received from Alfred P. Tropeano stat- ing that the Trustees of the Vine Brook Realty Trust agreed to deed a reasonable amount of land to the Town Relocation to widen the road at the curve of Waltham Street abut- 'Waltham St . ting the Trust' s land. He said he understood this is a County road and subject to County layout, and sug- gested that the Board petition the County Commissioners to relocate the road as its relocation may have some bearing on the location of the buildings . Upon motion of Mr. Adams, seconded by Mrs. Morey, it was voted to petition the County to relocate a por- tion of Waltham Street . Application for a First Class Agent' s license to do business at 3L Bedford Street was received from License the Lexington Motors, Inc . , Arthur T. Koutsonikolis, President. Satisfactory character reference was re- ceived from James F. Corr, Acting as Chief of Police . Upon motion duly made and seconded, it was voted to grant the license . Mr. Tucker inquired as to what action can be 447 taken to see that Mr. Irwin enforces the Sign By-Law Signs and referred to a political sign on Massachusetts Avenue . Mr. Stevens reported that Mr. Irwin has had some taken down and said that if the same individual erects a sign year after year, the law may as well be enforced and the case tried The Chairman reported that Susan Steele , a Senior in Lexington High School, requested permission, on be- half of the Senior Class, to sell pencils in Lexington Center on Friday night between 7 30 P. M and 9:00 P.M. , the proceeds from the sale to be used by the Senior Class The Board was of the opinion that this particular Permit request is no different than others that have been denied denied and therefore voted not to grant the request as to do so would be establishing an undesirable pre- cedent. At 8:00 P.M., Messrs . Edwin B. Worthen, Jr. , Merril F Norlin, Charles H. Callahan and three other individuals met with the Board to discuss the pro- posed installation of a sidewalk on Simonds Road The Chairman explained that it was the desire of the Board to install sidewalks on part of Simonds Road for the children to walk on to and from school. He said that sidewalks have always been installed under the Betterment Act and the property owner pays about one half of the cost . Simonds Road Mr. Callahan, the only person present, who gave sidewalk his name , said he lives at the corner and he is in favor of the proposed installation, as a menane exists at the present time Mr. Norlin said he was willing to pay his share for protection of the children, but he couldn' t see the total cost going to the abutters as it will not be a benefit to the property. He said as one person concerned, he would like to object to the sidewalk being placed as presently laid out with the total cost going to four or five abutters who are involved. He said he would pay his share for the sidewalk to be on the other side of the street. Mr. Worthen asked how far the proposed sidewalk would extend up Simonds Road and the Chairman replied that it is intended to go to Bertwell Road, not as far as Blake . The Chairman explained that the layout showed, on the opposite side, all the trees going up the hill to be sitting in the middle of the sidewalk. He said when the Town starts to post and remove trees, it en- 448 s counters opposition. He also explained that it was found that many of the children start at the corner of Simonds and Bertwell Road. One man said there is a good six foot sidewalk there and the children use the street. He stated that to put in a hot top sidewalk will not solve the problem of keeping the children off the street and he is con- vinced the Town will not plow it. The Chairman explained that the Town has been plowing sidewalks with sidewalk plows . Another man said it would not lend to the safety of the children and he would pay for the sidewalk on the other side if there is a betterment, but in his mind there isn' t. The Chairman said that was a matter of opinion and that these sidewalks were requested by the School Committee . He explained that the Board likes to comply with the Committee ' s requests for sidewalks because the children have to walk to school if they live within a mile of a school. He said whether the children use the sidewalk or not is something the Board cannot control, but if there was no sidewalk and something happened, the Town could be severely criticized. If something happens and there is a didewalk provided, the Town will then have done everything it could for the safety of the children. He said that sidewalks have bean built in many areas of the Town, on Woburn Street, Lowell Street, Adams Street and many other, but this is the first time the Board has received a complaint and all sidewalks have been constructed under the Betterment Act. He said someone questioned whether or not the Board should have a hearing and the answer to that is no. He said the Board does not have to hold a hearing, asked Town ' ounsel if that was correct, and he replied in thea affirmative . One of the men asked if a hearing would be held if the School Committee requested something unreason- able and felt they should have it The u hairman replied that there are limits . He said that a hot top sidewalk at $1 .00 per running foot is what the Board believes to be a fair price . If a concrete walk were put in, the charge would not be over $1.00. The Chairman asked if the group felt it would be better to eXtand the sidewalk to the top of the hill. One of the men said he thought a survey should be made of the number of children going down the street . He said it would not take the League of Women Voters long to make a survey. The Chairman said that it is an obligation of the Board to provide sidewalks for the safety of the 449 children going to and from school Mr. Norlin said that the children do now have a safety zpne wdthc1 tk ey are presently using alongside his lot and a sidewalk will not do anything to increase the safety. The Chairman explained that in the winter when there is snow on the ground, the sidewalks will be plowed One of the men said that if the Board feels it is necessary, to go ahead and put it in but do not charge the abutters . He asked why they should pay when they Tree there is no benefit to the property. He also said he would pay for it going on the other side . The Chairman stated that the subject of better- ments is open for discussion, Every street these people drive over has been paid for by someone else and all the walks they use have been paid for by some- one else . One man said if the School Committee thinks the sidewalk: should be constructed, the Committee should put it in. He said he has four children and he is con- cerned for their safety. Mr. Norlin asked if the Town would plow Harding Road and then put a sidewalk plow inside that bank. Mr. Gayer explained that a sidewalk plow measures about four feet across . Mr. Worthen asked if the plan was to build up the present level to a new grade for the sidewalk. Mr. Gayer replied that where Mr. Banks lives he intends to raise the grade so the bank won' t have to be changed. He said the Town tries to fit the established line . The Chairman asked if the opposition was because a charge was being made and one of the men replied that is part of it . They feel they are being charged for some- thing that does not make any change . He asked what would happen at the end of the plowed section. The Chairman asked if he thought the sidewalk should be extended all the way up the hill and the gentleman replied that it seemed foolish to have atop-gap measure . The Chairman explained that the decision to in- stall the sidewalk on the right hand side of Simonds Road was made because more children live in that area. Mr. James said the fact that that side of the street is now used by the children and worn down dictates the habits of where the children walk. One man asked why the sidewalk isn' t on both sides of the street if it is a safety measure The Chairman aaid that in the new developments with main roads, such as Simonds Road, the sidewalks 450 imame are on both sides. The Chairman said there is a problem and the Board would like to solve it as well as possible . He explained that during the past two years, the Town has spent many thousands of dollars on sidewalks. Here in one of the better sections of Town there is a turmoil over the side- walk. Mr. Norlin said there must be an explanation and perhaps theother people saw that the sidewalks were serving a purpose . He said the Town would have to narrow the width of plowing or he would have to eliminate his hedge on the side . He said he did not know if it was on his land or not . He also said that a large tree would have to be taken down He said he could see the value of the sidewalk if it eliminated the children wetlking the street in the winter, but he doubted the value of it if it is just for a small section of the distance they have to travel. The Chairman said he did not know what had been solved but the Board would discuss the subject further and possiblY construct the sidewalk all the way up Simonds Road. One individual asked why the Board didn' t forget the whole project, and the Chairman replied that the Board has a moral obligation to make travel safe for school children Mr. Worthen said that as far as his property is concerned, he would not be particularly happy to see a sidewalk, but he felt that a sidewalk is inevitable some day. Mrs. Morey asked of all present how many had addresses on Simonds Hoad. There was only one . The group retired at 8:30 P.M. Mr. Tucker said that the Board should start on the program andthat some day the sidewalk will have to go up over the hill. Mr.Stevens retired at 8:10 P.M. Mr. John A. Wilson, 62 Fern Street, met with the Board relative to a street betterment assessment in the amount of $747.60 levied against his property on Moreland Avenue . The Chairman asked what he wanted to do in re- gard to the betterment assessment, and Mr. Wilson re- plied that there is no betterment on Moreland Avenue because the house lots will have to be on the road that will have to go through his property. The Chairman asked if he felt there was no better- ment to his property at the time and Mr . Wilson replied in the affirmative . 45 The Chairman asked if he would consider having the betterment deferred until such time something hap- pens and see what it looks like then. Mr . Wilson replied in the affirmative . Street Mr. Adams said that he would like to take a look Betterment at the property involved before arriving at a decision. The Chairman said that the Board would endeavor to arrive at some answer. Mr. Wilson retired at 9:00 P. M Mr. Jack Kessler, 26 Tyler Road, applicant for a Guide ' s license, met with the Board. The Chairman introduced him to the Board and ex- plained that the Board had decided to invite the ap- Guide plicatts to meet with it because the members of the Board would like to know them as they are representa- tives of the Town. He presented the license and pin- ned on the badge , after which Mr. Kessler retired. The Chairman read a letter from Eric T . Clarke, Clerk Six Moon Hill, Incorporated, requesting abatement of street betterment assessments on lot 30 and 2L., Betterment Moon Hill Road. Mr. Gayer presented a plan approved by the Plan- ning Board, July 25, 1947, and indicated the lots in question. The Chairman was authorized to advise Mr. Clarke that from the plan it is the opinion of the Board that these lots can be built upon and the assessments justi- fied; the request for abatement was therefore denied. The Chairman reported that a telephone call bad been received from Mrs . Lynch, 56 Watertown Street, with reference to a lien of $35.90 on her tax bill for an Lynch unpaid water bill . Mrs. Lynch claimed that last January, complaint after a storm, there was a break in the water main and she could not use the water for drinking or washing be- cause it was so dirty. The Water Department drained the hydrant on her front lawn many times but the water was still dirty and the lawn and a tree were damaged. She felt she should not be charged for water she couldn' t use and also that something should be done about the damage . Mr . Gayer reported that the damage was repaired today, not because of the telephone call, but because this came in on a work order as promised He said the Public Works Department has done everything to please her. Mr. Gayer reported that the following bids had been received for wiring the Town Office Building: '4 2 �.., z Atlas Electrical Company $ 1925.00 Robert Johnson 1940.00 Hoyte Electric Service 1975.00 Mr. Gayer reported that a notice had been sent to every electric contractor in Lexington and he had also advertised. He recommended awarding the contract to the low bidder, Atlas Electrical Company. The Chairman said that Johnson had done con- Wiring siderable work for the Town and if it has been satia- bid factory, possibly the bid could be awarded to him for the small difference . He said it might be in the best interest of the Town to award the contract to him. Mr. Adams agreed but said for years the policy has been to award contracts to the low bidder Upon motion duly made and seconded, it was voted to award the contract to Atlas Electrical Company, the low bidder, at the quotation of $1925.00. Mr . Gayer reported that the City of Burlington, Vermont, has 680 used water meters for sale at 410 each. He said they are the type the Town can use and he would like to take his repair man up to find out what is involved. Without seeing them, he is of the opinion it would cost $2 .00 or $3.00 per meter to change them over. He explained that a new meter Water costs approximately $27.00. Meters The Chairman asked if the $3.00 included labor and Mr. Gayer replied in the affirmative . Mr. Gayer said the meters are between eight and ten years old and the Town has some as old as fifty years . He reported that last year the Town purchased close to 400 meters . Mr. James said he would like to know exactly what it is going to cost to fix the meters so that the Town �'tould use them. Mr. Gayer was authorized to find out exactly what is involved and report back to the Board. Recapitulation of bids received for pipe, hydrants, gate valves and boxes, tapping sleeves and gates and fittings was received from Mr. Gayer as follows : U. S. Pipe and Foundry 3300 ' 6" C .I . Pipe $6,715.50 3950' 8" C .I . Pipe 11,079.7 Net 30 days 17,795.25 Fittings1,281.42 Net 30 days 453 Shamoon Industries 3300' 6" C .I. Pipe $ 6,600.00 3950' 8" C .I . Pipe 11, 652.50 Net 30 days lb,252.50 Fittings 983.59 Net 30 days R. D. Wood Co. 3300' 6" C .I. Pipe 6,699.00 3950' 8" C .I . Pipe 11,830.25 Firm price 18,529.25 16 Hydrants (Matthews) 186.55 each 20 6" Gate valves & boxes (R.D. Wood) 1,404.00 4 8" Gate valves & boxes 397.60 1/2 1% 10 days, net 30 days 1,801.60 Fittings 1,345.65 Firm price Eureka Cement Lined Pipe Co. 16 Hydrants (Kennedy) 2% 151.00 each 20 6" Gate valves & boxes (Kennedy) 1,220.00 ) 8" Gate valves & boxes 351.60 1,571 .60 Public Works Supply Company 16 Hydrants (Darling) 165.00 each 2% 10 days, Net 30 days 20 6" Gate valves & boxes (Darling) 1,327.60 2% 8" Gate valves & boxes 371.80 10 days, Net 30 days 1,699.40 Tapping sleeves & gates (Darling) 651.40 2% 10 days, Net 30 days The Ludlow Valve Mfg. Co. 16 Hydrants (Ludlow or Rensselzer) 177.75 each 2% 10 days, Net 30 days A54 .4 20 6" Gate valves & boxes (Rensselzer) 1,354.00 48" Gate valves & boxes 390.60 2% 10 days, Net 30 Days 1,744.60 Tapping sleeves & gates (Rensselzer) 640.85 2% 10 days, Net 30 days H. R. Prescott & Sons 16 Hydrants (Eddy) 177.78 each 2% 10 days, Net 30 days 20 6" Gate valves & boxes (Eddy) 1,267.60 4 8" Gate valves & boxes 366.6 2% 10 days, Net 30 days 1,634.24 Tapping sleeves & gates (M & H) 602.80 2% 10 days, Net 30 days Fittings 809.56 2% 10 days, Net 30 days The A. P. Smith Mfg. Co. 16 Hydrants (Bury Smith) 167.89 each 2% 10 days, Net 30 days 20 6" Gate valves & boxes (Smith) 1,284.80 4 8" Gate valves & boxes 362.24 2% 10 days, Net 30 days 1, 647 .04 Tapping Sleeves & gates (Smith) 602.29 2% 10 days, Net 30 days M. C . Allan Associates , Inc . 16 Hydrants (Kennedy) 167.90 each 2% 10 days, Net 60 days 20 6" Gate valves & boxes (Kennedy) 1,259.80 4 8" Gate valves & boxes 365.08 2% 10 days, Net 60 days 1,624.ti Upon motion duly made and seconded, it was voted to accept the following bids: U. S. Pipe and Foundry, 330Y 6" C .I. Pipe, $ 6,715.50 3950' 8" C .I . Pipe 11,079.75 17,795.25 Public Wibrlocs Supply, 16 Hydrants (Darling) 165.00 each Tapping sleeves & gates 651.40 20 6" Gate valves & boxes 1,327.60 4 8" Gate valves & boxes 371.80 1,699.40 4.55 111 H. R. Prescott & Sons, Fittings $ 809.56 Mr . Gayer retired at 9:30 P.M. Letter was received from Paul F. Poehler, Jr. , advising that he would serve as a member of the Lexing- ton Dental Clinic. Upon motion of Mrs. Morey, seconded by Mr . Adams, it was voted to appoint Paul F. Poehler, Jr. a member Appointment of the Lexington Dental ‘'linic to fill the vacancy caused by the resignation of Mr. John Blackhall Smith. Application was received from Alexander L. Lipson, 29 Athens Street, Cambridge, for the use of Estabrook Hall on Tuesday, October 7th, from 7:00 P.M. until 10 00 P.M. , for the purpose of organizing a Russian language course for Lexington residents. Use of hall The Chairman was authorized to advise Mr. Lipson that the Board thinks this should be held in co-opera- tion with the School Department and suggests that he contact the Superintendent of Schools relative to the use of a room. The Chairman reported an incident involving Lieu- tenant Corr, Inspector Barry and officer Knute . It was decided to hold a Special Meeting on Tuesday, Sept- Police eihbeie 23, 1958, in the Selectmen' s Room at 4:00 P.M. at which time the three officers are to be present . The Chairman read a letter from Chief Rycroft ad- vising that he would start his annual vacation on September 22, 1958 and would appreciate Lieutenant Corr being appointed Acting Chief during his absence . Acting Chief The Board deferred the appointment of Lieutenant Corr as Acting Chief and authorized the Chairman to advise him that the Senior Officer will take over the duties of Acting Chief until further notice The meeting adjourned at 10:05 P.M. A true record, Attest: xe uti Clerk, Sel tmen cx