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HomeMy WebLinkAbout1957-09-30-BOS-min 22 SELECTMEN'S MEETING September 30, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, September 30, 1957 at 7:30 P.M. Chairman James, Mr. Maloney 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 five jurors. The following individuals were drawn for jury duty: Herbert Pike, Supervisor, 135 Cedar Street; Charles G. Esterberg, Jurors foreman, 10 Barrymeade Drive; Clare A. Burke, housewife, 8 Daniels Street; Charles J. Egan, engineer, 11 Coolidge Avenue and Jan Leyenaar, assistant foreman, 30 Moreland Avenue. Mr. Carroll retired. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone & Telegraph Company for permission to locate one pole, guy wire and anchor on Ivan Street. Pole Mr. Mayon, representing the Boston Edison Company, location was the only person present at the hearing. He explained that there is an anchor on the last existing pole now. Mr. Erickson is building a home and the company desires to extend the line by one pole and to put on an anchor. Mr. Gayer said that it looked all right on the plan, but he has not had an opportunity to go out and look at the proposed location. Upon motion of Mrs . Morey, seconded by Mr. Maloney, it was voted to grant the petition and sign the order for the following pole, guy wire and anchor location: Ivan Street, southwesterly side, approxi- mately 240 feet southeast of Bernard Street. Petition was received from the Boston Edison Pole Company and the New England Telephone and Telegraph location Company for permission to relocate one j/o pole on Woburn Street, 75 feet west of Utica Street. Mr. Mahon explained that apparently the company is regulating the pole on the street. ti 23 The Chairman asked if it was a slight relocation and Mr. Mahon replied in the affirmative. Upon motion of Mrs. Morey, seconded by Mr. Maloney, it was voted to grant the petition and sign the order for the following pole location: Woburn Street, northerly side approxi- mately 75 feet west of Utica Street. (One existing j/o pole to be removed. ) Petition was received from the Boston Edison Company and the New England Telephone & Telegraph Company for permission to locate ten poles on Concord Avenue. Pole Mr. Gayer explained that the poles are being location moved back because of the street widening being done under Chapter 90. Upon motion of Mrs . Morey, seconded by Mr. Maloney, it was voted to grant the petition and sign the order for the following pole locations : Concord Avenue, northeasterly side south- easterly from a point ap- proximately southeast of Pleasant Street, Two poles. (Two existing j/o poles to be removed. ) Concord Avenue, northerly side easterly from a point approximately 1090 feet east of Pleasant Street, -- Two poles . (Pwo existing poles to be re- moved. ) Concord Avenue, northerly side easterly from a point approximately 1720 feet east of Pleasant Street, -- Six poles Mrs. Morey inquired about the proposed guy wire at the Episcopal Church. pole Mr. Mahon reported that he was almost certain location that the entire project had been abandoned. He said he looked it over with the company's field engineer and the telephone company and they thought they might be r-C able to hold the pole in question by running a double anchor, the tree guy either way. He said he believed the telephone company took the matter up with the Tree Warden and he thought the work had been done. Mr. Mahon retired at 7:45 P.M. The Chairman read a letter from the Boston and Woburn St . Maine Railroad to the Department of Public Utilities Grade re D.P.U. 12295 - Woburn Street Grade Crossing. The Crossing Boston and Maine requested permission to withdraw the instant petition without prejudice. Such with- drawal would be without prejudice to the filing of a substitute petition seeking "Stop and protect" at the crossing rather than the automatic protection sought in the original petition. The Clerk was instructed to forward a copy of the communication to Town Counsel. The Board took up the matter of establishing sewer connection charges for certain lots in a proposed sub- division of land of Eleanor L. Ross. The Board has taken on three seperate occasions sewer easements for a trunk sewer through land of Eleanor b. Ross that is situated northerly of Paul Revere Road. The taking 111orders were adopted respectively on June 5, 1956 and recorded in Middlesex South District Registry of Deeds, Book A739, Page 302, on July 30, 1956 and recorded in said Deeds, Book 8781, Page 249, and on July 8, 1957 and recorded in said Deeds , Book 8983, Page 510. As Ross the land through which these easements ran had not sewer been laid out in lots when the taking orders were connection adopted, no betterments were assessed. Since that time charge a subdivision plan dividing the land into lots has been filed by Mrs . Ross with the Lexington Planning Board. This plan is entitled "Preliminary Plan showing Proposed Subdivision of land in Battle Green Village Lexington, Mass." dated November 19, 1956, Whitman and Howard, Civil Engineers, and the following lots on said plan can be connected to the sewer that has been constructed in the aforesaid easements, namely: lots numbered 14, 13, 12, 17, 18, 19, 20, 83, 82, 81, 80, 79, 15, 96, 97, 98, 99, and 100. Mrs. Ross has requested that the charges to be made in lieu of betterments for connecting such lots to said sewer be established Et this time so that payment may be made. Upon consideration of the foregoing it was unanimous- ly voted: That the total connection charge, in lieu of betterments, for connecting the lots enumerated above to 25 said sewer shall be the sum of $3,500. In addition there will be the customary charges for eonstructing the sewer services connecting buildings on such lots to the Sewer. Letter was received from Ernest J. Corrigan in re- gard to construction of a Board of Survey Street to Corrigan his property. The letter was taken by Mr. Stevens who said he would draft a reply. Letter WpS received from C. Clifford Hansen, 905 Massachusetts Avenue with reference to Mahoney Bros. Complaint and the use of the premuses at 927 Massachusetts Avenue. re Mahoney Inasmuch as this is a matter that comes under the Bros. jurisdiction of the Building Inspector the letter was forwarded to him and Mr. Hansen so advised. Mr. Stevens referred to the Boston & Maine petition and reported that they say there has to be a drastic change in the operation to effect economy. lie said there is a question whether it should be considered as a whole or by branches. They want to discontinue the second train in the morning and the last one out at night. They also want to discontinue all passenger ser- ' vice at Lake Street, Brattle and Arlington Heights, and they know that Lexington can't support one round trip. He said this brings up a serious question which the Legislature will have to handle . It also brings up B. & M. the question as to whether or not the area should let train the right-of-way be continued as such for freight by the service Boston & Maine or whether the area should be used for highway, rapid transit or some other use not by the Boston & Maine . He explained that, because of the Bedford Airport, the Government may say there must be rail service in there . He said the problem is very serious and far reaching. If all the people using the Boston & Maine start to use cars , the roads will be impassable . He said he thought the Board should oppose it. Mr. James asked when the hearing is to be held and Mr. Stevens replied that he thought it was somewhere around November 12th. He said this is something the Board and the Planning Board should be thinking about. Mr. Stevens brought up the sale of a parcel of land on Bedford Street by G. 0. Anderson to the Boston Edison Company, and presented a plan to the Board and pointed out the piece of property that has now been sold to the Boston Edison and explained that it involves three better- ' I ments; one, Winter Street for a town way and betterments 2.6 0-C were assessed in the amount of $4,910. He explained that the lien is on the whole tract. He said this is a case, as in some other instances, where the Board has released a part of the land from the lien. In 1957 Partial the Board adopted an order for sewer on which a better- 'release of ment of $2,396. He presented the Board with an instrument land from for its signatures releasing from the lien the better- betterment ment assessments on certain part of the land of G. 0. ' assessments Anderson & Sons, Inc. He reported that next week they will come in with an application askidg to divide the sewer betterment on Bedford Street between this land and the rest of Anderson's land. Upon motion of Mr. Maloney, seconded by Mrs . Morey, it was voted to sign the instrument in the following form: PARTIAL RELEASE OF LAND FROM STREET AND WATER BETTERMENT ASSESSMENTS The Board of Selectmen of the Town of Lexington at a meeting duly held on October 6, 1947, adopted an order taking an easement for a town way in Winter Street in said Lexington, with betterments to be asses- sed, and attached to said order a schedule of the estimated betterments to be assessed on the particular parcels of land to receive special benefit from the construction of said street, including land of G. 0. Anderson & Sons, Inc. , described as having a frontage of 923 feet, on which the estimated betterment amounted to $4,910, which order and attached schedule were duly recetded in Middlesex South District Registry of Deeds, Book 7207, Page 189, and at a meeting duly held on April 22,1957, said Board of Selectmen adopted an order for the construction of a sewer in said Winter Street, with betterments to be assessed, and attached to said order a schedule of the estimated betterments to be assessed on the particular parcels of land to receive special benefit from such construction, including said land of G. 0. Anderson & Sons, Inc.described therein as having an area of 58,500 on which the estimated amounted $2095.86; which order and attached schedule were duly recorded in said Deeds, Book 8952, Page 40. The said Board of Selectmen at a meeting duly held on September 30, 1957, hereby releases from the liens securing the aforesaid betterment assessments of $4,910 and $2,395.86, such part of the said land of G. O. Anderson & Sons, Inc. , as is included with Parcel A as shown on a plan entitled "Plan of band in Lexington owned by G. 0. Anderson & Sons, Inc. To Be Coveyed Tq 1 7 Boston Edison Co." dated July 10, 1957, and drawn by the Engineering and Construction Department of the Boston Edison Company, which plan is recorded in said Deeds as Plan No. 1420 of 1957; but nothing herein shall be construed as an abatement of said betterment as- sessments or any part thereof, and the liens securing said betterment assessments are hereby expressly reserved on all of the remainder of said land of G. 0. Anderson & Sons, Inc. Witness our hands ifl Lexington this 30th day of September, 1957. Raymond W. James Ruth Morey William E. Maloney Majority of Selectmen of Lexington COMMONWEALTH OF MASSACHUSETTS MIDDLESEX,SS SEPTEMBER 30,1957 Then personally appeared Raymond W. James, William E. Maloney and Ruth Morey, known to me to be a majority of the duly elected, qualified, and acting Selectmen of the Town of Lexington, and acknowledged the foregoing instrument to be their free act and deed as such Selectmen before me , Hazel J. Murray Notary Public My Commission expires : November 29, 1957 The original was given to Mr. Stevens, one copy given to the Superintendent of Public Works and a third copy retained for the Selectmen's files. Mr. Stevens brought up the subject of the High School hockey rink. He reported that Mr. Smith called him and asked if he knew anything about a member of the School Committee having gone ahead on the basis of awarding a contract to Chesterbrook to do the work for no charge but to keep the loam with the Selectmen having voted to purchase 1500 cubic yards at $2,00. per cubic yard, subject to approval of the Town Counsel. Mr. Stevens asked if there had been any written invitation to bid or written proposals and Mr. Smith had replied in the negative . Mr. Stevens told him he would not approve it. The By-law says that except in cases of extreme necessity, whenever any work is required to be done for the Town or any contract for labor or materials , or both, is to be made on behalf of the Town, for an amount exceeding the sum of $1,000, two or more proposals shall be solicited. He said he asked about provisions for a bond or wages and Mr. Smith told him there were none. Mr. Stevens explained that there are two ways of doing this . One is to send out written invitations, stating exactly what the contactor is supposed to do. The second being that the Selectmen could decide they wanted this loam to stay in town for their own pur- poses and obtain the money, and where Mr. Gayer does not have the money or equipment, they could hire eouip- ment. He said that would bb the fastest method. He said the fastest way of doing it, if Mr. Gayer's fig- ures come within what he can swing, or if the Board couldget the money from a transfer on the theory that High this is unforseen. He said the Board could explain it School wants a transfer so it can keep the loam for the pur- Hockey pose of developing the sand pit. Then Mr. Gayer could Rink put in as much equipment as the money would allow, and get the work done during the dry weather. Mr. Gayer said that a number of trees are involved and it will be a job to get the stumps out and haul them to the dump. The Chairman asked if Mr. Gayer could have informa- tion finalized before next Monday and he replied he would have it before then. Mrs. Morey said it would take a matter of a week to clear the area, a week to get the plans out and a week to get going so there will be three weeks in all. the Chairman said the other plan is if the Board decides, within the money available or thinks might be transferred, it can do this by the expedient of purchasing loam for the Public Works Department, spec- ifications will not be necessary. Mr. Maloney said the only thing to do was to have the work done by the Town. He said he would view the area with Mr. Gayer. Mr. Stevens said a group should be selected to draw up a sign by-law with representatives from the Board Sign of Selectmen, the Planning Board, Mr. Irwin and someone By-law from ttte Board of Appeals . He said he would like to have a meeting some night next week. 29 He asked if the Board wanted to decide who would do it and let him set a date and get started on it. Mr. Stevens reported that a hearing had been held Billboard on the billboard. He said there will be a view of the location and it looks favorable. The Chairman read a letter from J. Robert Sherman, ]4 Ridge Road and John Wasilec, 23 Ridge Road, request- ing extension of the water main from East Street a dis- tance of approximately 500 feet. They also requested a prior opinion by the Board, through Town Counsel, Ridge Rd. relative to possible abatement of the assessment for water one side of Ridge Road because that area would not be bettered. If divided into house lots, there would remain only five feet on which to build after com- pliance with Town specifications for front and rear footage. The Chairman requested Mr. Gayer to determine just what is involved and bring in a sketch next Monday night. Mr. Stevens retired at 8:55 P.M. Mr. Donald Jenkins, 7 Dane Road, met with the Board and submitted signed petitions for the acceptance of Dane Road and Foster Road. He explained that there has been an extension to both Dane and Foster Roads. Mrs. Morey asked if Foster Road is part of a long layout, wouB the Town accept half of it. The Chairman replied whenever people request it as long as it starts at an accepted street. Mr. Jenkins said he did not think Sherburne Road was accepted. Dane and The Chairman said it was accepted down as far as Foster Winthrop Road and explained that the unaccepted Roads portion of Sherburne Road would have to be construct- ed at the same time. He said Mr. Jenkins would have to get a petition for acceptancefbr Sherburne Road for Dane and Foster to be considered. Mr. Jenkins asked what would happen if the people on Sherburne Road don't want it accepted and the Chairman replied that is rather unfortunate. Mr. Maloney said it could be accepted for the best interest of the community. The Chairman pointed out that if the Board decides Sherburne Road should be accepted, those people will have to pay the same betterment they would if they requested the construction themselves . He said the Board would be in the position of telling them they must have the street accepted and they must pay the betterment and sometimes that is not a completely tenable position to be in. Mr. Jenkins said Dane Road was built under the supervision of the Planning Board to town specifications. The Chairman asked when and Mr. Jenkins replied it was done in two sections in 1953. He said where it was built that way and the cost passed along to the ownerp, they feel it should be accepted. Mr. Gayer said that even though it was built to town specifications, there is still a possibility that some work will have to be sone on it dile to the length of time which has elapsed since it was built. Mr. Jenkins said that is why they want the street accepted as soon as possible . He said Sherburne Road is not up to town specifications now and that may be the reason the people are holding back,. Mr. Maloney asked if anyone on Sherburne Road had indicated they wanted the road accepted and .Mr. Jenkins replied that he did not know. The Chairman said if Mr. Jenkins could get someone on Sherburne Road to petition it would work out all right. The entire project could then be taken as a unit; otherwise, it makes it a little difficult. Mr. Jenkins said he did not want to go down and ask them because the people on Dane Road want the street put through without charger but they know there will be a charge to the people on Sherburne Road. Mr. Maloney asked how the Board could refuse to accept the street when the Planning Board requires that they be built. Mrs. Morey said that the Board would have to look into it. Mr. Jenkins asked when the petition should be in if one were filed for Sherburne Road and the Chairman replied that it should be sent in right away. He ex- plained that Mr. Gayer's department then has to figure out the cost of every lot and draw a plan and then the property owners have to sign for the amounts. The project would then be included in the budget for the next Town Meeting. Mr. Jenkins said that the people on Dane and Foster Roads want their petition in the warrant with or with- out Sherburne Road. The Chairman said that the Board would investigate and see what can be done . Mr. Jenkins retired at 9:10 P.M. Mr. Jules Sussman and five other residents of Massa- chustts Avenue met with the Board. The Chairman said that the Board had agreed to re-examine the engineering aspects to see what could 31 be done by way of constructing a sidewalk which would serve the purpose, which would not interfere drastic- ally with town plowing operations, which would present a more or less uniform appearance and which would result in the saving of as many trees as possible. He said that Mr. Gayer has a detailed plan showing the trees and that the members of the Board have examined the plan as well as the location. He said if the group would like to look at the plan Mr. Gayer would show the trees and give his recommendations . He ex- plained that the areas were blow-ups of where the Mass . Ave. trees exist with the sidewalks should in green. He sidewalk said this was the plan as originally proposed. He explained the location of each tree and indicated the sidelines of the property owners. Mr. Sussman asked if it is possible to cut some of the lower branches, thereby permitting plowing, and run the sidewalk around the trees . He said he did not think it would detract from the aesthetic value to run a sidewalk around a tree because of the fact the tree being there brings ones attention to the fact that the sidewalk is not straight. Otherwise it is a matter of moving the sidewalk many feet one way and many feet the other way. The Chairman asked if he was suggesting that the sidewalk be built as the plan indicates . Mr. Sussman replied in the negative and said they could come close to the tree and then skirt around it. He said no one would ever notice that the sidewalk is not straight, and the purpose is quite evident. The Chairman asked, if it is found desirable to bring these sidewalks inside the trees, if the property owners affected would be willing to give the land. Mr. Sussman said that he would. Mr. Maloney said there is a question as to whether the Town can do that, and the Chairman agreed. He ex- plained that there would have to be a petition to have the street relocated because it is a county way. Mr. Sussman asked if the property owners could give a ninety-nine year lease and Mr. Maloney said there is some question as to the legality of that. Mr. Sussman asked if anyone of the property owners could pay the Town 11.00 to construct the sidewalk on their land and Mr. Maloney replied that Town Counsel is quite specific . Mr. Sussman said that the Town constructs the sidewalk around each tree in such manner that the plow can go around the tree he felt that is the major problem and the legal one is the minor problem and can be gotten around some way. Mr. Maloney said he would not know. 32 Mr. Sussman said to have a legal obstacle stand in the way seems absurd. Mr. Maloney said that this is a County way and if the County decides to widen it, they would just come in and cut the trees down. Mr. Sussman said this is supposed to be some type of democracy. Mr. Sussman said he did not think driveway and trees would interfere and as far as his hedge is con- cerned he would pull out that part which is necessary to make a sidewalk go around the tree. Mrs. Larkinesked if it is to be a five-foot side- walk and Mr. Gayer replied in the affirmative . Mrs . Larkin said she would pay for resetting the maple tree. Mr. Gayer explained that if the Board accepts * than is necessary to get the walk in. He said he was not anxious to take down trees, but if the Town is going to have to build a sidewalk, it has to build it. Mr. James said he could see only one problem and indicated a tree on the plan. Mr. Sussman said that is the largest tree on the street and is a beautiful one, in front of Mr. Andrews ' house. He said if the sidewalk could be run around that tree Mr. Andrew could be contacted and he thought he would be agreeable to means of getting a sidewalk to go around the tree. The Chairman explained that there is not room on the outside and there are legal problems on the in- side. Mr. Sussman asked if he could go a little further with the legal business and find out what can be done and how it can be done . He said there is a way to do it . The Chairman explained that it might take two years to do it. Mr. Sussman said there must be some way around that, and the Chairman explained that things of this type are time consuming. Mr. Sussman said it does not seem reasonable, if a property owner is willing to give his property and if the governing Board of the Town is willing to take such measures to save a tree, that under our laws they are prevented from doing it. The Chairman said he did not say the Board was prevented, but there are legal complications. Mr. Sussman asked what would be necessary to speed up the process and the Chairman explained that the Board has had some experience and they can't be speed- ed up. Mr. Sussman said that tree is #27 on the plan and asked how long it would take to find out what is neces- * this proposal he would not take down any more trees 33 Bary. The Chairman said that the first thing to be decid- ed is whether or not anything is going to be done about the trees other than what is shown on the plan. He ex- plained that if the Board should consider some relocat- ion because of that tree then it will determine what measures are necessary or what action must be taken to accomplish that. If the Board decides then to go further with that, it will put it in motion. Mr. Sussman asked if the Board felt at this time, or if it would be willing to say that it can take the necessary steps to save these trees. The Chairman asked if Mr. Sussman would say minor deviations from this plan would cause no trouble to the other trees, and Mr. Sussman replied that he would not say SQ, Mr. Sussman asked how and when the Board would notify him of its decision. The Chairman replied that he expected the Board would decide this evening and he would write Mr. Sussman a letter. Mr. Sussman asked if the Board wanted an indicat- ive statement from anyone else whether or not he is willing to give property and the Chairman replied not at this point. He said if the Board arrives at that point it will then make individual requests. Mr. Maloney explained that Town Counsel gave the Board to understand very definitely there is nothing it can do and the Board has to abide by his decision. Mr. Sussman said that if the Board decides that the legal problem is the only thing standing in the way of going around these trees he would like a little time to surmount the legal problems and talk to Mr. Stevens. The group retired at 9:50 P.M. The Chairman agreed to meet Mr. Gayer in the morning and view the area of the proposed sidewalk. Mr. Gayer reported that he had taken Mr. Reed up to see the trees involved end the Chairman in- formed the Board that Mr. Reed is in favor of pro- ceeding according to the plan presented by Mr. Gayer. Lincoln Mr. Gayer asked how far the Board wanted the Street sidewalk to go on Lincoln Street and the Chairman Sidewalk said that he has looked at it, but not in detail. Mr$. Morey and Mr. Maloney said that they had looked at it. Mr. Maloney said he looked the location over and whether it is right or wrong the Board decided to do it. The Chairman said he would construct the side- walk all the way down as originally planned. Mrs. Morey said she supposed it might as well go in and the Board might as well do what it said it would do in the first place. The Chairman read a letter from Harry F. Conner, Complaints 287 Waltham Street, calling the Board 's attention to re sidewalk the condition of the sidewalk from his property up to Wachusett Drive. Mr. Gayer informed the Board that he has issued a work order to relay the stones back to the wall, cut the brush and clean the sidewalk area. The Chairman read a letter from Louis J. Visco, 2118 Massachusetts Avenue requesting permission for a sidewalk from his driveway to the corner of Hastings Sidewalk Road, a distance of approximately seventy feet. Mr. Gayer reported that he has been trying to contact Mr. Visco to determine whether he is asking for permission to put in a sidewalk himself or if he is asking the Town to put it in. Request from the Mystic Valley Gas Company for Permit permission to locate a " high pressure steel gas main in Adams Street was held over from the last meeting. Mr. Gayer reported that he has received a satisfactory plan and would have no objection to the proposed location. Upon notion of Mr. Maloney, seconded by Mrs. Morey, it was voted to grant the request subject to; the provision that the work is to be done in accordance with Mr. Gayer's specifications and requirements. A bill in the amount of $3.50 was received from Miss Fay Kenny for replacement of her garbage Claim pail which she claimed the collector discarded. Mr. Gayer reported that he discussed the subject with the contractor who was going to con- tact the driver and have an answer today. The Chairman said the Board would defer act- ion pending receipt of a report. Traffic Upon motion of Mrs . Morey, seconded by Mr. Rules & Maloney, it was voted to amend the Traffic Rules Regulations and Regulations by adding under Article VIII a new Section to be numbered 19 and to read as follows : - Sec. 19. Certain Turns Prohibited. (a) No driver of a vehicle shall make a right turn from Bedford Street onto Hill Street, between the hours of 7:30 A.M. and 9:00 A. M. 35 Notice was received from the Commonwealth of Massachusetts, Division of Youth Service, advising that the detention facilities for juveniles sub- mitted by Chief Rycroft have been approved. Upon motion of Mrs. Morey, seconded by Mr. Maloney, it was voted to construct a bituminous Sidewalk concrete sidewalk in front of house #32 Locust Avenue, a distance of 63 ' in the following form: LOCUST AVENUE Middlesex, ss. Town of Lexington WHEREAS, The Town of Lexington at a Town Meeting duly called and held on March 18, 1957, and adjourned to the 25th day of March, 1957, duly adopted under Article 18 of the Warrant the following vote : "VOTED: That the Selectmen be and they hereby are authorized to construct concrete, bituminous concrete or other sidewalks , at such locations as they shall determine, where the abutting owner pays one--half of the cost, or otherwise, and to appropriate therefor the sum of 050,000.00, and to provide for payment thereof by transfer from the Excess and Deficiency Account." NOW THEREFORE, We , the undersigned being a majority of the Board of Selectmen of said Town of Lexington, duly elected, qualified and acting as such, do hereby pursuant to said vote and under provisions of Chapter 83 of the General Laws, as amended, and of any and every other power and authority us hereto in any way enabling, determine that public convenience requires the establishment of a sidewalk on Locust Avenue in front of house #32 Locust Avenue , a distance of 63 ' and it is therefore : ORDERED that a bituminous concrete sidewalk be constructed along Locust Avenue in front of house #32 Locust Avenue, a distance of 63 ' and that one half of the cost thereof be assessed upon the abutting estates. Annexed hereto and made a part hereof is a schedule of the owners of said abutting estates and an estimate of the assessments upon them. 3f 2 0-C 3y Witness our hands at Lexington aforesaid this ,• thirthieth day of September, 1957. Raymond W. James Ruth Morey William E. Maloney Majority of Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Lexington, Mass . September 30, 1957 Then personally appeared Raymond W. James , Ruth Morey and William E. Maloney and severally acknowledged the foregoing instrument and statement by them sub- scribed to be their free act and deed and the free act and deed of the Board of Selectmen of the Town of Lexington, before me . Hazel J. Murray My commission expires Nov. 29, 1957 SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO TN THE FOREGOING ORDER Owner as of Jan. 1, 197 Frontage Assessment Edward V. Jr. , & Jane Dabney Jones h/w 63 $63.00 37 The Chairman read a letter from Collin S. Camp- bell, 2L�09 Massachusetts Avenue . He signed a request for the sewer on Minute Man Lane because his house faces on Minute Man Lane. During the course of con- struction, the engineer on the job looked at his property to determine where the sewer connections should be made . The construction is now completed and the sewer main did not reach his property. It Sewer was suggested he could connect to Massachusetts Avenue which will necessitate rearranging all the plumbing in his house . Mr. Gayer explained that if the sewer was con- tinued up Minute Man Lane to reach this property, the cost would have been exhorbitant because of ledge, as he can be connected from Massachusetts Avenue for much less. The Chairman said it will cost Mr. Campbell more. He said according to the drawing submitted by Mr. Campbell it looks like a very expensive proposition. Mr. Maloney asked if the Town contracted to have the sewer go by this property and Mr. Gayer replied that he did not tbnk the plans were ever intended to. The Chairman asked Mr. Gayer to have complete 111 information for the next meeting as to how much it will cost to reach this property on Minute Man Lane. Mr. Gayer reported that Anthony Busa asked him if the Town would be willing to install a 48" pipe if he purchased the pipe . He desired to build a street between Lowell Street and his new development in A Street area. He pointed the location out to the Board on a map. Busa 's Mr. Gayer said he looked at the Metcalf & drainage Eddy drainage report and that called for an open channel at that point 14' wide and 4' deep. He said in his opinion the 48" pipe will some time or other back up and will not carry the flow of the brook. He said he feels that if Mr. Busa wants a 48" pipe in there hw should do it on his own so the Town will not be responsible for dam- age because it participated in it. If.Mr. Buss installs the pipe himself, he will then be re- sponsible . He said if Mr. Busa wants this as a permanent structure he thought it should be as shown in Metcalf & Eddy's report. Yr. Maloney said Mr. Busa felt inasmuch as he furnished all the material a little help from the Town would not be out of order because of the school buses and transportation that will go over there . 38 final ►-C Mrs. Morey asked how large a pipe would be ade- quate and the Chairman replied about an 8" pipe. Mr. Gayer said Mr. Busa is proposing of the capacity recommended by Metcalf & Eddy. He said if the Town puts in a L8 ° pipe and help install it and it backs up and does some damage, he thought the Town would be liable. The Chairman asked if Mr. Gayer had told fir. Busa about the Metcalf & Eddy Report, and Mr. Gayer replied in the negative . He said he tried to reach him but has been unsuccessful. The Chairman suggested that Mr. Gayer advise Mr. Busa of the report and find out what his reaction is . He said it is his thinking that if Metcalf & Eddy re- commended a ditch having that capacity there must have been a good reason for it, He said he did not think one could expect any less water than they ex- pected. He said if that is the size they recommend, that is the size that should be put in there. He skid who pays for it is another question. He suggested that Mr. Gayer advise Mr. Busa what has to be done accord- ing to the drainage report and get his rection. The meeting adjourned at 10:45 P.M. A true record, Attest: ' ' ' Xe tiv Cler , Selects n c.