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HomeMy WebLinkAbout1958-04-21-BOS-min 318 SELECTMEN'S MEETING I April 21, 1958 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, April 21, 1958 at 7:30 P. M. Chairman Maloney, Messrs. James, Tucker and Mrs. Morey were pre- sent. Mr. Stevens, Town Counsel, Mr. Gayer, Superintend- ent of Public Works, and the Executive Clerk were also present. Mr. Adams arrived at 8:00 P. M. Hearing was declared open upon application for a license, received from the A. G. Davis Ice Co. Inc. , for permission to store fuel oil in underground tanks at 9 Grant Street. No one appeared in favor or in opposition. The application was approved by Deputy Chief Bel- castro, abutters notified bymail and a notice was pub- lished in the April 10, 195issue of the Lexington Min- ute-man. in- ute-man. Upon motion of Mrs . Morey, seconded by Mr. Tucker, it was voted to grant a license to A. G. Davis Ice Co. , Fuel Oil Inc. , for the storage of 10,000 gallons of fuel oil in License underground tanks on premises located at 9 Grant Street. Hearing was declared open upon application for a license received from the Esso Standard Oil Company, on behalf of the Sacred Heart Parish, for permission to Fuel Oil store 6,000 gallons of #2 fuel oil in underground tanks at 890 Massachusetts Avenue . Mr. J. B. Carven, representing the petitioner, was the only person present at the hearing. The application was approved by Deputy Chief Bel- castro, abutters notified by mail and notice was pub- ished in the April 10, 1958 issue of the Lexington Minute-man. Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to grant a license to the Sacred Heart Parish for the storage of 6,000 gallons of #6 fuel oil in an underground tank on premises located at 890 Massa- chusetts Avenue . The Chairman read a letter, signed by Alfred Antonelli and S. requesting water on Circle Road to AlfredBtzsa, roque t ng service two houses now under construction. The approxi- mate cost of a six inch main is $4,000 and the applicants Request for are willing to pay betterments . water The Chairman asked how building permits were ob- tained, and Mr. Gayer replied that it is stated on the 319 permit that there is no water available . Mrs . Morey pointed out that other individuals have requested water ancare not being supplied right away. The Chairman asked if it would be a dead end and Mr. Gayer replied in the affirmative . Mr. James explained the danger of granting the re- quest would be the fact that it will cost $4,000 and there is no appropriation. The Chairman said he was wondering if other pro- perty owners would be interested and willing to pay a portion of the expense . Mr. Gayer reported that he told the applicant if he did not want to wait, he could have the installation made at his own expense under Town supervision. The Chairman said that is unfortunate if it passes other land. It was agreed to defer action for one week at which time Mr. Gayer will advise the Board who owns the other lots that will be involved. Petition was received from the Boston Edison Company and the New England Tele phone and Telegraph Company for approval of j/o pole locations on Woodland Road. The locations having been approved by Mr. Gayer, it was voted to grant the petition and sign the order for the following j/o role locations: Pole Woodland Road, northeasterly side south- locations easterly from a point approximately 100 feet Southeast of Adams Street, - Fourteen poles . The Chairmen read a letter frau Richard Woodies, President of the Minute Man Highlands Association, in which he submitted the following proposal, to control traffic on Concord Avenue, for the Board' s considera- tion: 1) Make Concord Avenue one way traffic from East to West between 6:30 A. M. and 9:00 A.M. 2) Make Concord Avenue one way traffic from West to East between 4:30 P. M. and 6:30 P.M. Traffic The Chairman was authorized to advise Mr. Woodies that an appropriation was made to speed zone Town streets, one of which is Concord Avenue , and as soon as the signs, now on order, have been received, the police cruiser with radar equipment can check the area and en- force the posted speed. Invitation was received from Boy Scouts of America 320 Boston Council, Inc. , to attend the 13th Annual Minute Man Pilgrimage of Boston Boy Scouts to Lexington on Invitation Saturday, April 26th. The Chairman read a letter from the Lexington Little League, Inc. , requesting permission to conduct a parade of approximately 200 boys, 30 men and a sound truck, from Parade the Munroe School to the Athletic Field near the High School on Saturday, April 26th at 1:00 P. M. The parade is to open the Lexington Little League season and will be routed down Clarke Street to the Little League Field to avoid possible interference with the Boy Scout Pilgrim- age . The Board had no objection. Letter was received from the United Cerebral Palsy, together with proclamation to be printed in the local Proclamation paper in connection with the campaign which starts May 1st The Board had no objection if Mr. Adams wished to print it. Upon motion of Mr. James , seconded by Mr. Tucker, it was voted to grant the following licenses : The Salvation Army Junk Collector' s license Rentl. Hancock Market Sunday Sales' License n ' K. J. Lowry n n n Woodhaven Country Store, Inc . " n n a Village Variety Store ff n n n Mr. Stevens retired at 8:30 P. M. Mr. Rocco Frasca and Mr. Edward Howard met with the Board. Mr. Frasca was assessed $413.50 for a sidewalk con- structed along his property on Waltham Street and asked why it was constructed and why he was not notified. The Chairman explained that it was built for the convenience of children going to school. Mr. Frasca said that if the sidewalk had not been put in, the Town would have had to supply bus transporta- tion and the Chairman said he thought that would be under the jurisdiction of the School Department. Sidewalks Mr. Frasca said that he was paying taxes for the School Department to provide buses and he thought this was an extra tax burden. The Chairman said that he thought the Board could appreciate his feeling but that sidewalks do better the property. He explained that the charge could be deferred so the betterment would not have to be paid until such time as the property is developed or sold. He asked if 321 Mr. Frasca had any plans for the lot. Mr. Frasca replied that maybe some day he would build a house them . Mr. Frasca as ed if the amount was the full price of the bill and Mr Gayer replied in the negative and said it is about o half. Mr. Frasca sa d he thought the Town did not have a betterment act c ncerning sidewalks and Mr. James ex- plained that the tterment Act to which the Chairman referred concerns onstruction of water, sewer, highways or sidewalks; all ose things which better a piece of property. The Chairman xplained if Mr. Frasca asked to have this deferred, the Board could defer it for a three-year period or until th property is sold or built upon. At the end of that t ee-year period, he can again request to have it deferre . He explained that whenever the property is built upon or gold, the betterment will have to be paid in full and it will not be payable over a period of years as it is now. Mr. Frasca asked if he would have to pay interest if the charge was deferred, and Mr. James replied that it would be deferred without interest. Mr. Frasca sa:Ld he was hoping to have the amount reduced. The Chairmanxplained that once a sidewalk is con- structed by the Ton, it is the Town' s obligation to maintain it . He suggested that Mr. Frasca think about it and let the Board know how he wishes to handle it . Mr. Frasca retired at 8:50 P. M. Mr. Howard said hs was very appreciative of the work he has had in the past and said the total amount received last year was 55,805.00 and in 1956, it was $77,212.00. He said that as near as they can figure, from last year's work on their usual basis of keeping books and their usual markup and profit, overhead, etc. , they Whitman & lost about $19,000 in Lexington last year. He ex- Howard Engin- plained that the main reason was that the bids came in eering so low. They get paid on a percentage basis of the actual construction cost. Street, sewer and drainage is 10% and water work is 7%. He said as last year went by all the bias came in, except one , very low and averaged about 20%. He said the Board could readily see 20% more on $55,800 would amount to a lot of money some $13,000 he thought, and they would like to change their basis of contract. He said he talked to Mr. Gayer who suggested that he discuss this directly with the Board. He said first he assumed the Baird was willing 322 to pay a proper price for a proper engineering job and they don' t cut their work and they don't cut the inspection. Last year, he talked withMr. Gayer and he in turn talked to the Board about making projects on a lump sum basis and a number of contracts were changed on that basis and he did not care how the situation is changed, but it should be changed. He reported that his firm does more municipal work in Massachusetts than any other engineers put together. He said they know what the work costs and what it is and he is sure there was no complaint about it. He said they turn out a good set of drawings and good specifications. He explained that how his company came to Lexington in the beginning was the fact that about five or six years ago the Town was not getting anybidders, had to call for bidders and every year ended up in law suits. He said he has ten to twenty bidders, generally speaking, unless it is a peculiar job. He explained that last year, besides the bids going low, there were two contractors who never had a job of that size before and it required that much more inspection. This builds up the engineering cost. Mr. Howard said he has made a suggestion and he is not particular how the situation is taken care of. One way would be to take the street construction work as outlined in a letter from Mr. Gayer, March, 1958, which is the first contract, $227,000. The fee for street construction work in the past has been 10% which would be $22,700. If the bid ran 5 under the estimate, the fee would be reduced to 95 or $21,565. If bids ran more than 5 Over the estimate, the fee would be limited to 105 or $23,835. If bids were 20% below estimates, and which they did last year, the fee would be reduced by $4,510 just for that one project of $227,000. Mr. Howard said that there is about $650,000 worth of work this year so it is more than three times $4500` if the bids run 20% below. During the bidding period, they would make an estimate of what they feel the job would come in for and have Mr. Gayer approve it. They would get bids on that basis with a 5% leeway. they the bids come in low, t y decrease it and if the bids come in high, they increase it . The Chairman asked if the fee would still be 10% and Mr. Howard replied in the affirmative . The Chairman said that over 5% they just protect themselves. The bid price is just the same and the percentage is just the same . He asked if that was the regular fee for any of this work. Mr. Howard replied in the affirmative and said it is street, sewer and drains. The water is separate . 323 The Chairman asked if, on water, they would charge an additional fee in the same street. Mr. Howard explained that a new street with street and water it is all put in at the 10% rate . A water pro- ject, nothing but water, is 7%. The Chairman asked if there was any change in that fee and Mr. Howard replied that there is no change . The Chairman said he could not see making up a $19,000 loss with that protection. Mrs . Morey said that there is $227,000 street work this year and Mr. Gayer has written him about it . On the 10% it is not based on the $227,000 but on an estimate Mr. Howard arrived at after he has done the engineering . Mr. Howard said the reason is that something comes up year after year ,and it leaves everything flexible up to the time they get the specifications out . Mr. Gayer can add a job or ta.ce one away. Mrs . Morey asked if the $227,000 was binding and Mr. Gayer replied that is only his budget estimate . Mr. Howard said he would make up an estimate during the two week bidding period. Mr. Howard said it is also proposed that the con- tractor lay out his own work but his firm;_will make the field surveys as it has in the past. This work amounts to about 1% and would increase the cost of the above project $2275. He explained that the American Society of Engineers recommends that the contractors lay out their own work. He would establish the grades, street lines and all the survey, but the contractors would lay out their own work and then would be responsible for their own work. The Chairman asked if other communities did this and Mr. Howard replied that the majority do and as far as he knows, his is the only firm. Mr. Howard said that the ihext item is peculiar to this year only. He proposes to make a blanket reduction of $2500 which is a credit for the amount of work that the Town engineering department is doing. He said he would reduce his fes working it out with Mr. Stevens. He stated that he has made a figure of $2500 as the value of the work the town is going to do which his firm would normally do. This is for preliminary drawings and a suggested layout for the water lines on most of the water projects but not all of them. This, his company would normally do . Mr. Howard said that the American Society of Civil Engineers have their charges set forth in the book if the Board wanted to look at them. Mr. Howard said what he thought was a fair estimate is $650,000 worth of construction work and the charge 5% for design and general supervision. He explained that 324 2 would be $32,500. He said 65 days of surveying at $60 each day, plus 100% would be $7,800; 32 days layouts at $60 would be $3,840; 200 man-weeks inspection at $100 a week, plus 100%, would be $40,000; three pro- jects $1200 for the three at 400 each, plus 50%, would be $1,800 making a total of 5135,940. Mr. Howard said that is for 3% and would equal about 14% for all road, sewer and drain and 9% for the water. He said if the Board wanted to make it 12% and ' for any reason that would be agreeable with him and continue on the same basis as he always has. He said he was not fussy about it but must have some relief otherwise he cannot afford to stay in business in Let- ington. The Chairman asked if other communities paid him these rates, and Mr. Howard replied in the affirmative , and said he was paid more . He explained that this is something that has grown. First the plans were in pencil on paper. Now they are in linen and ink which is just one example . He said that last year he had a coordinator on the job and there is no question but that it &npreaaes the sum of money. The Chairman asked if that was included in the figure and Mr. Howard replied that the Town would pay nothing else other than what is in this figure . He said the Society says to charge for specifications and work plans . However, he gives the Town the specifications . They are stenciled and given to the Town . He said that girl power has gone up and this is something that has grown and he would not be here this evening if prices were coming in normal. Mr. Howard retired at 9:20 P. M. Mr. Stevens returned to the meeting and Dhief Rycroft came in for opening of bids on three police cars . Bids for Bids were opened and read by the Chairman as fol- Police Cars lows: Rowe-Jackson Chevrolet, Inc . 1958 Chevrolet Model 1141, 2 door sedan 6 cylinder $2203.05 Less allowance on 1956 Plymouth Motor #P28-158230 1202.58 f 993.47 1 325 I 1958 Chevrolet Model 114.1, 2 door sedan 6 cylinder $2203.05 Less allowance on 1957 Chevrolet Serial A57T2331 7 1213.58 9ti9.47 1958 Chevrolet odel 1141, 2 door sedan 6 cylinder $2203.05 Less allowance on 1957 Chevrolet Serial A57T232931 1207.05 f 996.00 Mawhinney Motor Sales 1958 Plymouth Plaza, 2 door 6 cylinder $2555.59 Less allowance 1957 Chevrolet Motor #A57T233107 1534.00 (1021.59 1958 Plymouth Plaza, 2 door 6 cylinder $2555.59 Less allowance 1956 Plymouth Motor #P28158220 15.32.00 *1023 .59 Plaza, 2 door 2 .59 1958 Plymouth laz , � 555 6 cylinder Less allowance 1957 Chevrolet Motor #A57T232931 1350.00 §1205.59 Dunn Ford Sales, Inu. 1958 Ford, conforming to specifi- cations Net $ 898.50 Taking in tradq 1957 Chevrolet Motor #A57T232931 1958 Ford Net $ 898.50 Taking in trade 1957 Chevrolet Motor #57T2331O7 1 1958 Ford Net $1071.50 , Taking in trade 1956 Plymouth Motor P28158230 Dunn Ford Sales, Inc . recommended that the follow- ing equipment be installed as factory options for a net additional price of $28.20: Heavy Duty Taxi Type Clutch Heavy Duty Springs & Shock Absorbers Heavy Duty Brakes Heavy Duty Front Floor Mat Heavy Duty 70 AMP Battery Upon motion of Mr. Packer, seconded 1y Mrs . Morey, it was voted to accept the bids submitted by Dunn Ford Sales, Inc. for two 1958 Fords at $898.50 each, turning in a 1957 Chevrolet Motor #A57T232931 and a 1957 Chevrolet Motor #A57T233107; and to accept the bid submitted by Rowe-Jackson Chevrolet, Inc . , for one 1958 Chevrolet at $993.47, turning in a 1956 Plymouth Motor #P28158230. Chief Rycroft retired at 9:45 P. M. The Chairman reported that Mr. Ruggiero, 10 Battle- ' green Road, had made another appointment to meet with Ruggiero the Board on May 5th to discuss further his dewer better- Sewer Bet- ment assessment . terment The Board felt that there was no reason for further Assessment discussion as the subject has been covered completely and Mr. Tucker suggested that a letter from Town Counsel might be more effective than one from the Board. It was agreed that Mr. Gayer shoo ll1 furnish Mr. Stevens with the necessary information and he will then write Mr. Ruggiero advising that the matter has been re- ferred to him. Mr. Stevens retired at 10:00 P. M. Upon motion duly made and seconded, it was voted to sign Orders of Taking on the following streets accepted at the Annual Town Meeting in March: Orders of Ellison Road Fairlawn Lane Peacock Farm Road Taking Greenwood Street Whipple Road Trotting Horse Drive Leroy Road Wheeler Road Demar Road Roosevelt Road Locke Lane Turning Mill Road Theresa Avenue Fiske Road Dane Road Winter Street Russell Road Foster Road Constitution Road Flintlock Road Stonewall Road Sherburne Road Red Coat Lane Westwood Road Winthrop Road Mason Street Stimson Avenue (Orders in Selectmen' s Files, 1958, under "Highways" . ) 327 Mr. Gayer reported that he received bids on a mist blower as follows: Abbott Spray and Farm Equipment Company $6,450.00 Mist Hartney Spray Corp. 3,000.00 Blower Mr. Gayer reported that the Hartney unit was not one in which he is interested and recommended purchas- ing the unit bid on by Abbott Spray. Upon motion of Mr. Tucker, seconded by Mr. Adams, it was voted to accept the bid submitted by Abbott Spray and Farm Equipment Co. in the amount of $6,450.00 . Mr. Gayer retired at 10:10 P. M. Further consideration was given to the appointment of a regular member tp the Board of Appeals and the Board of Chairman reported that Mr. Redman is very much interest- Appeals ed in continuing to serve on the Board. Upon motion of Mr. Adams, seconded by Mrs . Morey, it was unanimously voted to reappoint Lester T. Redman to the Board of Appeals for a five-year term expiring March 31, 1943. The Chaircpan read a letter from the Board of Trustees of Cary Memorial Library advising that the Trustees had nominated Charles H. Cole and William Roger Greeley for associate membership on the Lexington Historic Districts Commission. Historic Upon motion of Mr. Tucker, seconded by Mr. Adams , Districts it was voted toappoint Charles H. Cole , nominated by Commission the Board of Trustees of Cary Memorial Library and Rear Admiral Kendall S. Reed, nominated by the Lexing- ton Historical Society, as associate members of the Historic Districts Commission fr terms expiring Janu- ary 1, 1963. Mr. Tucker brought up the subject of burning the Great Meadows and the Chairman agreed to contact the Great Forest Warden. Meadows Mr. Tucker said he would like to have incorporat- ed in the Selectmen' s Records a commendation by the Board to the Town Celebrations Committee for a very Patriot ' s Dag successful observance of Patriot' s Day and an ex- Parade pression of appreciation for one ofthe finest parades the Town has had in recent years. The Chairman read a letter from Alden W. Tefts, on behalf of the Battle Green Chapter Order of DeMolay, requesting permission to sell ice cream on Parker Field during the Boston Boy Scouts' Annual Pilgrimage . Permit JhO F.4 It was agreed to ask the Boy Scouts if there was any reason why permission should not be granted and if the organization has no objection, the DeMolay may sell ice cream at the playground only. The Planning Board met with the Selectmen at 10:20 P. M. Mr. Grindle said he did not know whether or not the Selectmen wished to discuss the Bedford Road. He said that the Planning Board has been working on a proposed Zoning By-Law for the Special Town Meeting. He said he understood from Mr. Stevens that the Chair- Planning man will attempt to see the Commissioner . Planning Board The Chairman said that was correct, but it did not Board alter the fact that the Planning Board should have something to protect itself. Mr. Grindle said the Board is trying to have some- thing which willhhave to go in the paper tomorrow night . Mr. Jaquith explained that it is the framework of what the Planning Board had in 1956 - area of four acres, frontage of 300 feet with a provision that the Board of Appeals may grant a permit for small areas under certain circumstances, 50 foot front yard, 40 foot side yard, 50 foot rear yard and a 60 foot buffer strip, also with a Board of Appeals clause . He said there would be the usual 75% open area requirement, no parking area within 10 feet of the exterior line of any street or within 10 feet of the boundary line where it abuts an- other district. They would omit anything regarding loading, but have a provision that parking areas shall be provided with driveways not more than 25 feet in width and entrance to a street shall be subject to ap- proval by the Planning Board. The Chairman said that two people might build on adjoining lots and asked if they would be permitted to park up to their lot line . Mr. Jaquith replied that there is a 10 foot buffer where a lot may abut a residential area. He explained that in a long range proposition some of the members felt it desirable to have ten feet between each lot. However, they thought it best not to complicate it at this time . When it is known what is there, an amend- ment can be made . The Planning Board retired at 10:25 P. M. An informal discussion was held relative to some pending items and it was agreed to make an appointment to the Board of Fire Commissioners next Monday night. It was also agreed to ask the Director of Civil Defense for a report and to obtain information from the 1 329 Planning Board on Worthen Road and Emerson Road, the ' north by-pass. The meeting adjourned at 10:55 P. M. A true copy, Attest: • .ecotiv Clerk \ Selee en A at--1-7-.4ft44 ,4( Acfr GArc 1