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HomeMy WebLinkAbout1957-10-28-BOS-min 89 SELECTMEN'S MEETING October 28, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, October 28, 1957 at 7:30 P.M. Chairman James, Messrs. Reed, Maloney, Tucker and Mrs . Morey were present. Mr. Stevens, Town Counsel, Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of four jurors. The following Jurors individuals were drawn for jury duty: Jacque A. Hogg, 111. Maple Street, Edmund LaFlamme, 5 Fairland Street, Brooks Davis, 1 Benjamin Road and James W. Coveney, 12 Revolutionary Road. Mr. Carroll retired. The Chairman read a letter from Ernest J. Corrigan advising that in view of the fact it is imperative that water and sewer facilities are provided for his sub-division, he proposes to install these utilities Corrigan in co-operation with the Town during the construction subdivision of the "board of survey" street, but in so doing, does utilities not waive his right, in any manner, to seek compensa- tion and/or reimbursement from the Town for his ser- vices and expenses incurred in the installation of the utilities. Mr. Stevens advised the Board that he would draft a reply to Mr. Corrigan's letter. The Chairman read a copy of a letter sent to Mr. Corrigan; signed by Mrs . Marek, Chairman of the School Committee, advising that his request for an extension of time to use school property at the Lexington High School site had been denied and unless he complies with the decision, the Committee will have to enforce Use of the decision. school Mrs. Morey called attention to the fact that land by Mr. Corrigan will have to go into the school prop- Corrigan erty to connect his subdivision to the sewer. Mr. Tucker asked why the School Committee was adamant in its letter and the Chairman said all he knew about its decision was the information contain- ed in the letter. Mr. Stevens reported that Mr. Gould advised him that Mr. Corrigan has not made another access avail- able . vail- able . 90 �c Mr. Stevens asked Mr. Gould if Corrigan had the legal right to another access and he replied that he did not know. He said that Corrigan handles so much of this himself that he is not informed . Mr. Stevens told Mr. Gould that Corrigan only comes to the Board when he has to. Mr. Maloney said he was wondering what authority the School Committee has. Mr. Reed said he thought, in getting the road away from the school, wasafavor to the achool and he thought it was just common courtesy for the Com- mittee to permit Corrigan use of the land. Mr. Tucker asked how long it would be before the new road was completed and Mr. Gayer replied that it would be about a month. The Chairman said that as far as he could see no action is necessary by the Selectmen as the use of the road is something between Corrigan and the School Committee. Mr. Reed said that Corrigan is going to connect the sewer and will have to have access to get in. Mrs. Morey said that the Selectmen should write the School Committee and advise them of the situation relative to the sewer connection and explain that the water service is going to Waltham Street so he will not have to use the street for that connection. The Chairman was authorized to so advise the School Committee. Hearing was declared open upon the petition of the Boston Edison Company and the New England Telephone and Telegraph Company for a j/o pole location on Spring Street. Mr. Gayer explained that the distance described in the original petition was 585' and it should have Pole been 535' which necessitated another hearing. location No persons appeared in favor or in opposition. Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to grant the petition and sign the order for the following j/o pole location: Spring Street, northwesterly side, approxi- mately 535 feet northeast of Shade Street, one pole (one existing j/0 pole to be re- moved. ) The Chairman read a letter from A. Clifford Fletcher with further reference to his request for extension of a sewer main to service his house at 112 Spring Street. Mr. Fletcher explained that due to circumstances imposed upon him by the State, his house will be ready for occupancy in November, 1957. 91 The Chairman explained that Mr. Fletcher lives on Blossomcrest Road and has received notice from the State Department of Public Works that he must vacate by June of this year. The State then served another order ex- tending the time to an indeterminate date so he does not know when he will have to move . The other problem is that he borrowed money to build the new house in ex- pectation of receiving money from the State. Mr. Maloney asked if Mr. Fletcher would pay the entire betterment and Mr. Gayer replied in the aPfirma- tive . He said the problem is that this extension in- volves a depth of fourteen feet of solid ledge, but if so instructed by the Board, he would try and do the project somehow. Mrs. Morey asked how many requests Mr. Gayer had received for sewer extensions from individuals need- ing help just as much as Mr. Fletcher. Mr. Gayer replied that he has quite a few but Request the circumstances are different. for sewer The Chairman asked where the money would come extension from presuming there is time and available equip- Spring ment. Street Mr. Gayer replied that he thought he had enough money. The Chairman asked how much money is involved, 11 and Mr. Gayer replied that it will cost several thousand dollars. He said he would want to extend it to at least the next manhole unless he knew definite- ly that the sewer would not be used beyond Mr. Fletcher's house. He said that there is land on the other side . Mr. Maloney said if the Board knew how far the State intends to go into this area, the Board might decide not to extend the sewer at all. Mr. Gayer said that there is also the possibility of the relocation of Spring Street. Mr. Maloney said he did not think the Town should spend several thousand dollars without knowing more about the State 's proposal. The Chairman said that he presumed the relocation of Spring Street is fairly well established on a plan and if a copy of that plan could be obtained, the Board would then know where it comes in relation to this property. Mr. Gayer said the State would, not give him a copy and Mr. Reed said they might be willing to give some information if it was explained that the Board is considering installation of a sewer in Spring Street. The Chairman Inst lwpc 1Ir. Gayer to obtain whatever information f om a State and then the Board will decide what action to take on the re- quest for the extension of the sewer to serve the house at 112 Spring Street. 92 1004 Mr. Donald Jenkins and Mr. Roger Westcott met with the Board to discuss further acceptance by the Town of Dane and Foster Roads, Mr. Gayer reported he had given Mr. Jenkins a maximum figure of $15 and explained to him that it would not exceed that and probably would be less. He said he has never written one for less than that for regrading and putting in the blacktop. Mr. Reed recalled that Buckman Drive and some other streets were less. Mr. Gayer reported that Moonhill was $7.50 and that street was paved. He said he did not think a lower figure should be used. Mr. Jenkins said that he has not had any success in obtaining a petition for the construction of Sher- burne Road. The Chairman asked if he meant no one on Sherburne Road would sign and Mr. Jenkins replied that no one will take the petition around. Mr. Foster said he did not feel he should go around with it. Mr. Jenkins said that from heresay about one third of the people involved are in favor. He report- ed that there are six people on Foster Road who would like these streets accepted and four on Dane Road. He said that only eight people are involved on that part of Sherburne Road where they can't get signatures . He said there is a total of 565 of the people involv- Foster ed who are in favor. and Dane The Chairman asked how many on Dane and Foster Roads Roads did not want the street accepted and Mr. Jenkins replied that there are none. The Chairman asked if he meant 100% were in favor and Mr. Jenkins replied in the affirmative . He said one person is now abroad but he would sign. He said more people are in favor than are opposed and that is another reason why it should be put through. He said that there are four houses now in the building stage on the continuation of Dane Road so in 1958 there will be four additional taxpayers whose street is built to Town specifications and there will be 63%. The Chairman asked if those four people were in favor and Mr. Jenkins replied that there is no reason why they wouldn't be . Mr. Jenkins said that there are nineteen lots, including the four being built on now, plus eighteen he spoke of first or twenty- nine out of thirty-eight that want this, or a total of 76% of the individual lots. The Chairman said he still thought they should have some signatures from people on Sherburne Road. Mr. labstkett asked if a package deal of Foster, Dane and Sherburne could be worked out. X3 The Chairman said that the Board has in the past considered two unaccepted streets coming in as a unit, but he did not know that the Board had con- sidered already constructed to Town specifications as a unit. Mr. Reed pointed out that there are two streets already constructed so they could not even be in- cluded in the same article. Mr. inbst'aett asked if the policy the Chairman spoke of has been in effect since the Town of Lex- ington was incorporated. The Chairman explained that it has been in effect for a long time and there is a good reason for it which was explained last week by Mr. Stevens. Mr. Reed said that there is nothing that says the Board won't go along or that it will. Mr. Jenkins said he thought the Board would not go along. Mr. Reed said he thought signatures should be obtained from Sherburne Road because if the Board forces this on those people there will be hard feel- ings. However, if someone explains to them what the situation is, there will be harmony. Mr.WAstemott said that one person on Sherburne Road said they are trying to collect $25 from each individual to have the street patched. Mr. Reed said that then those holes would be ripped up and the people on Dane and Foster Roads would not be paying anything. The Chairman explained that the Board could not definitely say that it would go along with these streets until some time before Town Meeting after a hearing. is held, which the Board is required to do. Mr. Jenkins asked if that would be too late for 1958 and the Chairman replied in the negative. He said that he strongly urged that signatures for Sherburne Road be obtained. Mr. Jenkins asked if his petition now was held in abeyance and had not been turned down and Mr. Reed F replied in the affirmative. Mrs.. Morey asked how many undeveloped lots there are on Sherburne Road and Mr. Jenkins replied only one . The Chairman recommended obtaining as many sig- natures as possible and explained that it would have better results at the public hearing. Mr. Maloney stated that this has to be sold to the Town Meeting, and Mr. Reed said that the Planning Board also has to approve it. Mr. Jenkins asked what would happen if he can't get signatures from Sherburne Road and the Chairman explained that Town Meeting might act unfavorably even if the Selectmen recommended acceptance . 94 1-C Messrs . Jenkins and Westcatt retired at 8:15 P.M. Mr. Angelo Busa, 187 Grant Street, and his son met with the Board. Mr. Busa said he wanted to know why the Town has not taken care of his bridge, end said it is delaying his work. He said that he wants to start hauling fertilizer tomorrow and has no place to put it on the other side . He said the bridge was taken care of by the Town when it was built in 1938. The Town agreed with him to have a good bridge . He said the bridge broke down and he came to the Town Hall and complained that the bridge was impassable . The Town ripped the old bridge and built a cement bridge. The Chairman asked if Mr. Busa had an agree- ment with the Town. Mr. Busa replied that there was no agreement either way to fix it or not to fix it. He said the road used to belong to Simeone and the only road with a right-of-way is thirty-three feet right-of-way from Grant Street. He said there was a bridge before he bought it. He said when he bought the land, he built a bridge. He started cutting down the trees and put them across the brook. When the Town took his land, he was asked where he wanted the bridge and he said it was better to have it in the middle . He said the Town did not sign anything to agree to take care of the bridge or not to take care of the bridge. Mr. Reed said that Mr. Busa mentioned a right- of-way and asked if it is still there. Mr. Busa replied in the affirmative and explained that it is from Thomas Cavanaughts to Bowser's. He Busa's said it is a private right-of-way, anyone can go bridge through and no one can stop them. The Chairman said it appeared to be a public way and Lir. Busa said he never stopped anyone from using it. The• Chairman explained that the Board has been trying to find some agreement and Mr. Busa said that there is no agreement at all one way or another•. The Chairman explained that an agreement would give the Board a reason to repair the bridge. Mr. Busa said that when the bridge was there, he owned the land on the other side of the brook and there was no way to get into it. Mr. Salvucci asked him where he wanted the bridge and for his convenience he said he wanted it in the middle of the farm. The Chairman asked if •this was in 1938 and Mr. Busa replied in the affirmative. The Chairman said that it was then replaced in 1950 and Mr. Busa said that there was no signature or anything either way, and the Town took care of the bridge twice. 95 Mr. Reed said if, and repeated the if, the Town decides to repair the bridge would Mr. Busa expect the Town to continue to take care of it . Mr. Busa said years ago the Town was small and very little water went through Vine Brook. Now there is a lot of drainage through that brook, and the Town should take care of the bridge. He said at one time there was no water at all and now all the drainage goes through it . The Chairman asked if the brook was widened in 1938 and Mr. Busa said it is 45' wide now. The Chairman asked if that was the width of the bridge or the stream and Mr. Busa replied the bridge and the brook. Mrs . Morey asked if there were any other bridges constructed in 1938 for other people . Mr. Busa said he did not remember. He said the Town built a bridge for Bowser and built a dam and the Town is still responsible for the darn. He said there is a bridge at Bowser ' s, one at Burnhamt and his. The Chairman said that the Board would continue to discuss the subject and see what can be done. Mr. Busa said he hoped the Board would be quick I because he has seventy-five loads of fertilizer he has to bring over the bridge. The Chairman asked if he could cross it now and Mr. Busa replied in the negative . He said he could cross with a small tractor but not with a truck. The Chairman said that the Board would decide something and let Mr. Busa know. Mr. Busa and his son retired at 8:40 P.M. Mr. Reed reported that he called Mr: Burnham. Mr. Benham said that the Town constructed the bridge in the W.P.A. days and it is a different type of bridge. According to him, the Town owns the bridge and the bridge is on the easement and he certainly would expect the Town to maintain it. Mr. Reed said that a 45' bridge is a difficult bridge to maintain andrit it a wide bridge to ask a land owner to maintain when it is taking water froii the Town. Mr. Stevens asked what was being done on the other bridges and Mr. Gayer replied that they are a different type bridge. Mr. Reed said that when this bridge was construct- ed, the pillars on the bottom were not put down far enough to take care of it and Mr. Gayer agreed. Mr. Tucker said the most convincing argument for maintaining the bridge is the fact that the bridge was widened out. The Chairman said that there was a bridge across 96 2> a brook and by development of the Town the quantt y of water was increased to the extent it damaged the bridge or its support. Mr. Stevens said he would like to know how wide the taking is . In some circumstances the Town might be liable and in othersit might not. He explained that the release covers the quantity of water. He said ordinarily the Town is not obligated to build bridges across a brook. The Chairman asked what more the Board needed to make a decision and Mr. Stevens said possibly Mr. Burnham would remember something. Mr. Reed said that the original estimate to redly construct the bridge which is now on Busa 's land was $3,000. Mr. Gayer said if the Board wanted him to, he would work up an estimate, but he would like to make some punchings. underneath the piers. The Chairman asked if he could do that in a week, and Mr. Gayer replied in the affirmative. The Chairman said he thought Mr. Gayer should find out what the situation is and also get an estimate of what it will cost to repair it. Mrs. Morey asked why Mr. Gayer should get an estimate until the Board decides what it is going to do. She said the Board should tell Mr. Busa either the Town will fix the bridge or it will not. Mrs. Noonan, Mrs. Ryan, her sister and another sister met with the Board in regard to tax title lots 35 and 36 Hillcrest Street sold and conveyed Tax to Mr. Harry M. Sullivan. title Mrs. Noonan said that these lots were formerly owner by her father, Mr. Roma, and they are interest- ed in getting them back. Mr. Stevens explained that the right to redeem the land was foreclosed before the sale by the Board of Selectmen. Mr. Stevens said it was handled by the Town Treasurer and he supposed notices were sent out. Mrs . Ryan said she was up here last summer her- self and did get a letter saying she would get a price. Then she received a letter from the Land Court. Mr. Stevens said that if she contends she still owns the land, she should enter an appearance at the Land Court. Mr. Stevens asked if she had been told she would have an opportunity to purchase the land and Mr. Maloney asked if she made an offer. Mrs . Ryan said they did not make an offer but were told to write a letter making an offer. She said she wrote a year ago and received an answer advising whtat 97 she could purchase it for. However, she was taken ill and went to a hospital and never followed it through. She said they have still been talking about it not realizing it was sold. Mr. Stevens eX.plained that is why a notice was sent from the Land Court so they could attend the hearing and protest the validity. Mrs . Ryan said they were wondering what it was sold for. Mr. Stevens explained that once a tax taking is made, the property is held by the Town Treasurer. If the unpaid taxes and costs are not paid, the right to redeem the land is foreclosed. The property is than reported to the Selectmen as property which was tax title and the right to redeem it has been fore- closed. He said the Selectmen advised her what they would sell the lend for, but apparently the offer was not accepted and at a later date , someome else wanted to buy it. He explained that it was advertised and the Board accepted the offer. He said if Mrs. Noonan claims any right to the property because she thought her right to redeem it was not properly term- inated, she should take it up with the Land Court. He said that it has gone completely beyond the juris- diction of the Board of Selectmen. Mrs. Ryan asked if she could find out what it was sold for and Mr. Stevens replied that the price has nothing to do with it. Mrs. Ryan said she should have been notified when the land was being sold, and Mr. Stevens ex- plained the notice she should have received was at the time Of the foreclosure. He said that whoever filed a petition in the Land Court has a deed. Mrs. Ryan said they should have received a notice. Mr. Stevens explained that she was offered the property at a price but she did not accept Sb natur- ally the Board assumed she was no longer interested in acquiring the property at that price. Mrs. Noonan asked if they would have to go to the Land Court if they want the property back and Mr. Stevens explained that they will have to buy it back from the present owner or tell the Land Court it was not properly foreclosed. He said that the Selectmen cannot undo what they have done. Mrs. Ryan asked if they could find out what the land was sold for as they are particularly interes- ed in that. Mrs. Noonan said that the price was their business and Mr. Stevens disagreed. He said their rights added when the property was in the Treasurers Office, (�p 98 2 r-C When it came to the Board of Selectmen, it was proper- tyof the Town. He said theyasked if theycould buy it and were told what they could buy it for. They went no further than that so they have no business now with the Selectmen. He explained that the price for which the property was sold has nothing to do with it. Mrs. Ryan said she would like to know. The Chairman said that if there was no objection, he has the figure. Mr. Maloney explained that there were betterments. The Chairman said that the price, including better- ments, for these two lots was $2,321.90. Mrs . Ryan said that was the price offered to her and asked what Mr. Sullivan paid for it. The Chairman replied that Mr. Sullivan paid $2,321.90. Mrs . Ryan said that she would engage a lawyer as she intends to follow this through. The group retired at 9:10 P.M. Sewer Mr. Gayer reported that he still needs $4,000 services for sewer services. The Chairman asked about the balance in the ac- count, and Mr. Gayer replied he has about $1500. Mr. Gayer reported that he has received another application from the Mystic Valley Gas Company for Permit permission to install a 4" steel high pressure gas main in Appletree Lane which replaces the permit submitted on October 114., 1957. Upon motion duly made and seconded, it was voted to rescind the vote of October 14, 1957 granting permission to the Mystic Valley Gas Company to install a 4" steel high pressure gas main in Appletree Lane . Mr. Maloney asked if the installation of this main would necessitate digging up the hardtop and art& Mr. Gayer said that the company could not dig up the hardtop unless it obtained easements from the owners. He explained that the main will cross Town pavement but it will be on the pavement along Apple- tree Lane. Upon motion of Mr. Maloney, seoonded by Mr. Reed, it was Voted to grant permission to the Mystic Valley Gas Company to locate a 4" steel high pressure gas main in Appletree Lane according to the plan sub- mitted with the petition dated October 28, 1957. Mr. Stevens stated that Mr. Gayer sent him notice of an acdident involving a Town vehicle driven by Samuel Redman and a vehicle owned by Nary Tagg and operated by Agnes Tagg. 99 Mr. Redman said his vehicle was parked near Colony Road and the Fiske School and when he started, he backed into the Tagg car. Mr. Stevens received an esti- mate of $92.35 to repair her car. Mr. Gayer submitted another estimate Which he Accident received this afternoon in the amount of $85.85. Claim Mr. Stevens explained that Mr. Redman was clean- ing catch basins at the time . Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to authorize settlement of the claim in the amount of $85.85; Mr. Stevens to prepare the nece- sary release. Mr. Gayer retired at 9:30 P.M. Letter was received from the Arlington Board of Selectmen relative to a meeting scheduled to be held Trains in that Board 's office on Tuesday, October 29th at 8:00 P.M. for the purpose of discussing proposed Great curtailment of train service and The Great Meadows. Meadows A copy of the communication was sent to each member of the Board and also to Town Counsel. The Chairman read a letter from the Outdoor Advertising Authority advising that at a meeting of that Board, John Donnelly & Sons ' application #L40580, Sign for sign 93-95 Massachusetts Avenue, Lexington, was considered and given leave to withdraw. The Chairman read a letter from the Massachu- setts Conservation Council, together with a copy of Chapter 223, an Act authorizing cities and towns to Conserva&r establish conservation commissiors to promote the Commissirns development of natural resources , and to appropriate money therefore. Mr. Stevens said offhand he did not see any necessity for such a commission and Mrs . Morey sug- gested that a copy of the letter and Act be submitted to the Planning Board for any comments that Board may care to make . Notice was received from the M.D.C. advising that a public hearing will he held at the office of the Commission, 20 Somerset Street, on Friday, November 1st at 3:00 P.M. , on the subject of Proposed Improve- ments or Extensions to the Metropolitan Water Supply M.D.C. System. annual Mr. Stevens explained that this is an annual meeting meeting to advise cities and towns what the Commis- sion plans to do. He said that there would be a written report and he would be glad to obtain one for the Board. 100 Statement from the M.D.C. relative to current appropriation accounts was noted and placed on file . The Chairman read a letter from Whitman & Howard Water advising that they expect to deliver a report by the study end of November on the water study now being glade for the Town of Lexington. Mr. Stevens retired at 9:40 P.M. The Chairman read a letter from Superintendent John Blackhall Smith relative to the availability of space in the Barnes property as a possible Central Office of the schools. Letter from the Planning Board inquiring about additional space in the Barnes property was held over. The Chairman explained that the School Depart- ment wants 4,000 square feet. Mr. Maloney said that appears to be all of the Use of room and thought the Board should not make a decision Barnes immediately. property The Chairman reported that he had Mr. Gayer ob- tain some floor plans and he suggested that the Board discuss the entire subject some evening. Mr. Reed said that there are floor plans of the present Town Office Building prepared in conjunction with the new Police Bt.ilding. Mr. Carroll 's letter relative to proposed change in the voting places for Precincts One and Two was held over. Mrs. Morey suggested that the Board contact Mr. Smith to find out where the new voting machines can Voting be stored. precincts The Chairman agreed to discuss the subject with Mr. Carroll and find out how he determines there is not sufficient space in these two precincts. He also agreed to look at the East Lexington Fire Station to see if there is any space available. Application for Certificate of Incorporation was received from the Secretary of State on behalf of Cert . of George Bourget, 9 Marlboro Road, the corporation to Inc. be know as the Key - Bird Flying Club Inc. Satisfactory character reference was received from the Chief of Police. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to sign the application. Application for a peddler's license, with certif- Peddler 's icate of character, was received from Edward G. license Sullivan, 6 Cottage Street.