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HomeMy WebLinkAbout1958-08-11-BOS-min 414 S LT CTMEN'S MEETING , August 11, 1958 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, August 11, 1958, at 7:30 P. M. Chair- man Maloney, Messrs. James, Tucker and Adams were pre- seht. Mr. Stevens, Town ounsel, Mr. Gayer, Superintend- ent of Public Works, and the Executive Clerk were also present. Hearing was declared open upon petition of the Boston Edison Company and the New 2'ngland Telephone and Telegraph Company for permission to locate two poles on Burlington Street. Mr. Mahon, representing the Boston Edison Company, and Mr. Frank Graziano, 187 Burlington Street, were pre- sent at the hearing . Mr. Mahon explained the proposed locations and Mr. Pole Graziano said that he had no objections . location The hearing was declared closed and Messrs . Mahon and Graziano retired. Upon motion of Mr. Adams, seconded by Mr. Tucker, it was voted to grant the petition and sign the order for the following j/o pole location: Burlington Street, southeasterly side, northeasterly from a point approximately 110 feet northeast of Graham Road, --Two poles . (One existing j/o pole to be removed.) The Chairman read letter from Mr. Stevens to Howard B. Butler, Scout Executive, relative to the Boy Scout property on Grant Street. Mr. Stevens explained to Mr. Butler that the Select- Scout men are in a position where they can convey to the Boy property Scouts such part of a small strip of land that lies op- Grant Street posits the scout property but they cannot convey any land lying between the scout property and said strip of land. The title to this intervening land can only be determined through a title examination which he thought either the Boy Scouts or a prospective buyer would want to make Petition was received from the Boston Edison Company and the New England Telephone and lelegraph L'ompany for permission to locate one pole on Summer Street. Mr. Gayer approved the proposed location, the existing pole to be removed for sidewalk construction. 415 Upon motion of Mr. Adams, seconded by Mr. James, it was voted to grant the petition and sign the Order for the following j/o pole location: Pole Summar Street, southwesterly side approximately location 745 feet southeast of Lowell Street, -- One pole . (One existing j/o pole to be removed. ) Petition was received from the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate one pole on Summer Street. Mr. Gayer approved the proposed location, the existing pole to be removed for sidewalk construction. Upon motion of Mr. James, seconded by Mr.Tucker, it was voted to grant the petition and sign the Order for the following j/o pole location: Pole location Summer Street, southwesterly side at Haskell Street One pole . (One existing j/o pole to be removed. ) The Chairman read a letter from Whitman and Howard, Inc. , written to Mr. Gayer, relative to the bids re- ceived on Monday, August 4, 1958, for street work in the Town of Letington, Contract No. 11. The Board considered the bids and determined that the Shamrock Construction Co. , Inc . who submitted the lowest bid was not qualified as it did not have the Bids on equipment or the financial resources to carry out the street work and the Board therefore rejected the bid, and re- work turned the certified check. Upon motion duly made and seconded, it was voted to award the contract to Joseph Lazaro, Inc . , as the lowest, repponsible and eligible bidder in the amount of $220,085. At 7:45 P. M. , hearing was declared opon upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate on j/o pole on Massachusetts Avenue . Pole Mr. Mahon, representing the petition, was the location only person present at the hearing. Upon motion of Mr. James, seconded by Mr. Adams, it was voted to grant the petition and sign the Order for the following j/o pole location: Massachusetts Avenue , southwesterly side approxi- mately 320 feet northwest of Lisbeth Street,— " One pole. (One existing j/o pole to be removed. ) Mr. Mahon retired. 416 mc Mr.Stevens referred to the Willard property which the Town voted to acquire and said that this was the land on which it was necessary to have a plan, and he Willard expects to receive it the end of this week . The Board property extended the time for passing papers until September 1st, However, the time is too short and therefore he prepared an instrument for the Board' s signature ex- tending the time to September 18th. The Board voted to sign the ire trument and all copies were taken by Mr. Stevens . Mr. Stevens said that it seems twhim all the Board can do on the Town Meeting is to set a date and then make sure everyone is in agreement as to what is in the Town warrant. He said that the earliest date, it seems to Meeting him, would be the fifteenth of September and if the warrant is signed on August 25th, that is just three weeks . The Chairman said that it might be better to have another week, and Mr. Stevens reported that he talked to the attorney and they would feel badly if the meeting was held a week later They would like very much to have the Town try for the fifteenth. It was agreed to establish September 15, 1958 as a tentative date for the Special Town Meeting . The Chairman read a le tter from Arthar E. Bryson, Water Jr. , 41 Fair Oaks Drive, Town Meeting Member in Pre- Booster tinct 4. He re'erred to Article 2 in the Warrant for Pumps the May 12, 1958 Town Meeting , concerting installation of water booster pumps in certain high areas of the town andasked if this article could be brought up at the next Special Town Meeting. Mr. Gayer reported he is meeting with Mr. Bryson and a group from that area. The Chairman read a letter from the Mystic Valley Gas Company relative t®rproposed tie-ins of dead ends of existing gas mains in Reed and Center Streets, to Gas tie-ins improve pressure conditions in this area. The Board had no objection to the proposed tie-ins providing thework is done to Mr. Gayer' s satisfaction. The Chairman read a letter from the Board of Health advising that the overflowing cesspool at 2400 Massachu- setts Avenue is a definite health menace . That Board would like to know how soon the sewer can be extended. Mr. Gayer reported that he has had borings taken and knows exactly where the ledge is. He indicated the 417 ledge on a plan and said that the estimated cost is ' $3,000 The Chairman asked how many houses would be ser- viced, and 1r. Gayer replied four and possibly five . It was agreed to include this extension in the present sewer contract. The Chairman read a letter from Larchmont Engine- ering to Mr. Gayer stating that the low bidder did not fulfill the specifications . Mr. Gayer read a letter from Whitman & Howard in reply to Larchmont Engineering. The Chairman said that Whitman & Howard did not Sprinkler engineer the job and that is what he does not like irrigation about it. Whitman & Howard asked people to bid and draw up their own plans as to how they would do the job. Mr. Tucker said that he wondered if it was a good time to install the system in view of the water situation. The Chairman explained that the common can be watered at night automatically. Mr. Gayer said that the Board could reject the bids and the Chairman said a check should be made with Whitman & Howard between now and the next Board Meeting . Mr. Alfred P. Tropeano met with the Board rela- tive to the sewer charge made in lieu of betterments on the property at 24.8 Waltham Street, owned by Margaret E. Cauley He said he wanted to discuss the so-called dewer connection charge in lieu of a betterment on the land that belonged to the Lexington Estates Trust. He said that in 1948 when the Town put the sewer in, it obtained an easement from the Ryders who were then $ewer trustees of the Lexington Estates Trust and the Agree- Connection ment with the Town was that the Ryders would receive charges $500 which was for engineering and counsel fees They deeded the easement to theTown. He said in that agree- ment it provided that no betterments were to be assessed for *hich this taking was made, and Ryder always main- tained that they could connect to the sewer. He explained that a plan went on record showing a proposed road off Winthrop Road which is Liberty Drive . He said when he went to lay out the subdivision, the Planning Board felt it was not bound by the proposed road and technical- ly the Planning Board was correct . Mr. Tropeano then made a different subdivision in which this easement does not fall within theroad, but is part of some of the lots . He said several lots were spoiled by the 4.18 easement . Mr. Tropeano said that Mr. Leonard Colwell applied for his sewer and he was told that there would be a charge made in lieu of a betterment. He said the pur- pose for betterments is to take something from the land owner tuenrich the town, and he just does not go along with assessing a sewer charge in lieu of a betterment. He said he did not think it was the intention of the Town at the time that betterments would have to be made . He asked how the sewer could be connected if this goes to litigation. Mr. Stevens said that Mr. Tropeano had mentioned an agreement, but he found it to be just an Order of Taking and it awarded no damages. Mr. Tropeano said that it awarded $500 damages. Mr. Stevens said it was understood the Town would accept $500. He said when a sewer goes through un- developed land, it is an advantage whereby the sewer can be that much more economically developed. There are other places where the sewer went in and no better- ments were charged because it wouldbe unfair to charge interest and in those days the Town had to charge in- terest. He said it is difficult to see where the Ryders lost anything and every case must be considered on its own facts. Mr. Tropeano said the idea of imposing a sewer charge in lieu of something that has been abated is 11 something new and the Town never used to do that. He said he was sure when the Ryders and the then Board of Selectmen were talking about no betterments, they meant no betterments. He said if thebetterment is abated, it is gone and asked how a charge could be made . Mr. Tucker said the Town put in this sewer and ordinarily there would be a betterment charge . That is abated. They don't pay it. He said he could not see what that has to do with a connection charge . Mr. Stevens explained that this is not a service charge . It is a charge to get into the sewer system which is in lieu of a betterment: The Chairman said the charge is worked out on a formula and if this sewer was put in twenty years ago, it would probably cost half as much. Mr. James asked if betterments were charged and abated. Mr. Tropeano replied that they were not charged, but it was worked out on an agreement . Mr. Ryder never brought any suit for the taking of the land. Mr. Tropeano said since the Town did not make any charge , Ryder had no right to petition for abatement. Mr. Adams said that a decision on this would affect 419 six or seven lots and the poard is notnow just talking about one lot. Mr. Tropeano retired at 9:15 P. M. It was determined by the Board that part of the consideration for the sewer easement was the availability of the sewer withbut betterments andwithout a connection charge in lieu of betterments . It was, therefore , voted that no connection charge in lieu of betterments should be made on lots A & B shown on a plan entitled "Plan of Land in Lexington, Mass . June 11, 1958, Albert A. Miller & Wilbur C. Nylander" recorded in the Middlesex South District Registry of Deeds, Book 9190, Page 419, and on lots 1 through 6 inclusive shown on a plan entitled "Lot Layout Plan of Vine Brook Realty Trust or Subdivider, May 14, 1958" . Mr. Stevens retired at 9:30 P. M. A Memorandum of Agreement (in duplicate ) for the improvement of a section of Concord Avenue, under the provisions of Section 34, Chapter 90, was received for the Board's signature . Concord Ave . Mr. Adams said that the 28 foot width, as far as he is concerned, is temporary and when it becomes neces- sary to replace trees on Concord Avenue, they should be planted to give a 30 foot width. Letter was received from the Board of Assessors together with recapitulation of the Real Estate Taxes, Betterments and Water Liens transmitted to the Collec- tor of Taxes. Mention was made of inexperienced personnel being employed during the peak weeks in the Assessors' and Collector' s offices while the regular clerks are on vaca- tion. Tax bills It was unanimously agreed to ask the Board of As- sessors and Collector of Taxes not to schedule vacations of the personnel during the peak weeks when the bills are being figured and prepared for nailing. Notice was received from the Alcoholic Beverages Control Commission advising that "Package Goods" stores shall not sell or deliver alcoholic beverages during polling hours on State Primaries Day, Tuesday, September 9th, unless they are authorized to do so by vote of the local licensing authorities. The Chairman said he thought the Board should check with other towns and if the liquor stores are open, he Liquor Stores thought the ones in Lexington should be permitted to re- main the majority open. However, of the Board felt that py the liquor stores should remain closed during polling 420 m hours on September 9th regardless of what the other towns may do. Letter was received from Freedom Inc. relative to the nomination of a representative from Lexington to re- Freedom Inc. ceive a citation on Constitution Day, September 17th, either the son or daughter of an immigrant, or an im- migrant who has become an outstanding citizen in the Town. No action was taken. A copy of the Special regulation governing the speed of motor vehicles on town ways, in the Town of Lexington, Special Speed Regulation Nol 158 was re- Speed ceived from the State Department of Public Works . Regulations Mr. Gayer reported that he had received a let- ter from Mrs . Morey saying she had intended to call him relative to Raymond Street . After reading the Minute-man, people in the area called her and approve Traffic except for the direction of Raymond Street. Control Mrs . Morey stated that it will be difficult for people using the medical building as well as aggravating traffic on Forest Street and therefore she would like to have Raymond Street left two way. Upon motion duly made and seconded, it was Voted: That the Traffic Rules and Orders of the Town of Lexington adopted by the Board of Selectmen, October Traffid Rules 7, 1935 and subsequent amendments thereto be and are & Regulations hereby further amended in accordance with the provisions of Article II, Section 6, Experimental Regulations, for a period of sixty (60) days, as follows: by adding at the end of Article VII, Section I, the following new descriptions: Muzzey Street - southerly, from Massachu- setts Avenue to Forest Street Clarke Street - northerly, from Forest Street to Massachusetts Avenue Raymond Street- easterly, from Clarke Street to Muzzey Street. Upon motion duly made and seconded, it was Voted: That the Traffic Rules and Orders of theTown of Lexington adopted by the Board of Selectmen, October 7, 1935 and subsequent amendments thereto be and are hereby further amended in accordance with the it ovisions of Article II, Section 6, Experimental Regulations, for a period of sixty (60) days, as follows: 421 by adding at the end of Article VIII, Section 19, the following: (b) A driter of a vehicle shall make a right turn only from Clarke Street onto Massachusetts Avenue between the hours of 4:00 P. M. and 6:30 P. M. . Mr. Gayer reported that he and Chief Rycroft had representatives from the Middlesex and Boston Street Railway out to discuss the subject of changing the bus Bus Stop stop from its present location to Depot Square . The company apprdved 6f the suggestion and the buses will be parked in the rear of the taxi location. The Chairman read a letter from J. Edward McManus advising that he will pay $100 for tax title lot 4, block 91, Essex Street, the amount entertained by the Board. Tax title UTon motion duly made and seconded, it was voted that a proposal to sell the lot be advertised in the Lexington Minute-man and that further consideration be given the offer at the next meeting of the Board. The Chairman read a letter from Mr. James J. Carroll, Town Treasurer, advising that he has 2600 notes to be signed. The purchaser of the loan is desirous of having everything returned by the fifteenth of Notes August . Mr. Tucker suggested that the Chairman be excused from signing the notes . Mr. Adams said that he thought the Town seal should be on the regular police cruising cars, the Chief's car and Inspectors ' car to be exempted. The meeting adjourned at 9:55 P. M. A true repvrd, Attest : 4' 1 -14. 'xe '5tiv Clerk , Selo c( men. Yh� C V