Loading...
HomeMy WebLinkAbout1957-06-17-BOS-min 496 C=7 SELECTMEN'S MEETING June 17, 1957 A regular meeting of the Board of Selectmen was held in the Selectmen ' s Room, Town Office Building, en Monday, June 17, 1957 at 7:30 P.M. Chairman James, Messrs. Reed, Maloney, Tucker and Mrs. Morey were present. Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were else present . Mr. William Caterin• a requestst for installation of water and sewer to service twenty-three lots on Eastern Avenue was held ever. Mr. Gayer reported that, as an estimate only, it will cost between $35,000 and $40,000 for the two in- Water & stallations because there is a considerable amount of Sewer ledge in the area. He said that at the present time he does not knew whether there will be funds available er not. The Chairman asked what it would cost if only the water was installed and Mr. Gayer replied that it would probably be more than $10,000 because of blasting. The Chairman suggested that if both installations were done at the same time, they could be put in the same trench. Mr. Gayer said he did not know how he was going to end up on this but would have the betterment esti- mate sheets prepared and sent out. Mrs. Morey asked if the lots listed in Mr. Caterine's letter were/ $th sides of the street and Mr. Gayer replied in the affirmative . It was agreed to have Mr. Gayer send out the estimated betterment sheets for signatures and when they are returned further consideration will be given to the requests. Mr. Gayer asked if there was some way in which a long weekend could be arranged for the employees at the garage on the lith of July. After discussing the subject at length, upon Holiday motion of Mr. Reed, seconded by Mr. Tucker, it weekend was unanimously voted to close the Tom Office Building and the Public Works Building on Friday, July 5th; the employees in the Police and Fire department to bo given a day off in lieu of July 5th at the convenience of the departments. A notice relative to closing is to be inserted in the Lexington Minute-man. 1 497 Mr. Tucker brought up the subject of water pressure and recalled that last year the Board requested persons living in homes with odd numbers reatirct their watering tb the odd numbered days of the month and those in the even numbered houses on the even days of the month both between the hours of midnight and 9:00 A.M. Water baa Due to the fact that the publicity given the subject this year did not mention the odd and even numbers, Mr. Gayer was instructed to insert a notice in the paper calling the public' s attention to further restrictions. It was also suggested that some mention be made relative to the appropriation providing for the erection of a new storage tank. Mr. Stevens, Town Counsel, arrived at the meeting at 8:o5 P.M. Mrs. Morey inquired about the status of the pro- posed "No Right Turn" sign for Hill Street. Traffic Mr. Gayer reported that he was advised by the• Control State Department of Public Works that an application could be filed. Mr. Stevens reported briefly on the status of the claim of Mrs. Agnes M. Commons, 402 Bedford Street. Upon motion of Mr. Tucker, seconded by Mr. Reed, it was voted to pay the sum of $100 to Agnes M. Commons in consideration of a confirmatory deed of a sewer Commonst easement taken across her property for the construction claim of a trunk 1LRe sewer, and release of damages for the said settled taking; said payment tY be applied against the cost of connecting the house to the sewer in Bedford Street, Mr. Stevens explained that a transfer could, be made from the Sunnyfield Sewer Account to the Sewer Services Account, and he agreed to prepare the con- firmatory deed. Mr. Stevens referred to the Riboch drain in the area of Hawthorne and longfellow Roads. Riboch TheChairman asked LS Mr. Maloney if he had any drainage further information and he replied that he did not have enough to change his mind. The Chairman reported that he had a letter from Whitman & Howard stating that a 42" drain 498 r M1 would be required if the slope was at a certain level, a t 8" would be r'quired. Mr. Maloney reported that he talked to two people in the area who said they have no water pp.- blem and did not even know there was a proble;. He said the grade had been changed in the area which will make a difference and he questioned the drop. Mr. Gayer explained that he could get the in- formation from the tope map. Mr. Maloney said that there will not be much covering On the pipe . Mrs. Morey said/thd Town starts closing all brooks, the character of the land will be changed. Mr. Gayer said that the run off from the roofs, streets and driveways will change it. Mr. Maloney explained that his only interest is not to get„the Town involved. Mr. G yer explained that whether the town is in- volved or fist, he tried t• advise the Board as t• what he felt is required. The Chairman asked what is meant by a two year storm. Mr. Gayer explained that the engineers take rain gauge readings and take the largest storm occurring within the period of study. The two--year storm is the largest rainfall recorded in that area ih a two-year period. The Chairman said, trying to remember the letter, the 142" is required for a two-year storm but a 118" would have been required if it had been for a five- year storm. Mr. Maloney asked if Mr. Gayer' s only justifica- tion was tfiat he felt the other pipe in not large enough. Mr. Gayer replied in the negative and said he has made a study of the drainage area using the in- formation the department had and using the rainfall furnished by the Department of Agriculture and the Weather Bureautogether with the flood picture . He then determined what the amount of rainfall is apt to be in the area and then computed the size of the pips. Mr. Maloney said if the 12" pipe is doing the job and has bon doing the job, it will look bad if tie developer sues. Mr. Gayer said he was recommending a 42" pipe, 499 but if the Board feels that is too large it is for the Board to say so. Mr. Tucker inquired about the difference in cost between the two sizes and Mr. Reed explained that it will cost the developer $8,000 for 42 and $2,000 or $3,000 for 12" . He said he felt that the Town should absorb some of the cost if it insists on a 42" pipe . Mr. Maloney said that the Town is not only asking the developer to drain his own land but is asking him to drain other lands. ut Mr. Tueker inquired/the Town's liability if a 12" drain is installed and Mr. Maloney said that the town may have to do the job over again and put in a larger drain. Mr. Gayer agreed. . Mr. Reed asked if the developer was insisting on putting in a 12" drain and Mr. Gayer replied that they have been told to put in a 42" drain. Mr. Reed asked if the developer would go along with a 24" drain and Mr. Gayer replied that he did not know. Mr. Maloney said that if the Board is of the opinion that something should be done and the developer is call- ing Mr. Stevens for a decision, he should find out what they would be willing to do. Mrs. Morey said that if the former engineer recommended 42", Whitman & Howard recommends 42" and Mr. Gayer recommends 42" and the Board decides on a 42", the strip the developer is going to put in is a section and the pattern will be set for 42". The Chairman said that the pattern for reimburse- ment will also be established. Mr. Reed asked if the Board was agreeing one 42" pipe. The Chairman said that as he recalled it, last week the Board decided to go along with Whitman & Howard's recommendation. They recommended a 42" drain. Now the Board is discussing reimbursdng this developer. If this developer is reimbursed the eameprocedure will have to be followed all the rest of the way. Mr. Reed asked if the Town was going to pay the difference between a 12" and 42" ; a 24" and 42" or a 36" and 42". The Chairman said that the Board will be establishing a precedent which will carry some weight for the future. Mr. Reed asked if thi ce was any different than the Planning Board/t2liattt oYgstreet to be -con- structed in a development. Mr. Stevens explained that usually #s the sub- divider is not satisfied with the Planning Board's recommendation he can go to court„ Here they are coming to the Selectmen because they say they have 500 / N. cm t4 a claim against the town for casting water on the land and because Of the claim, they think the Town should step in and help them in meeting the Planning Board requirements. He said as one looks at the land it seems to be consistent with the statement of Miller & Nylander and McConchie, that the brook was there before and was put in a culvert. Mr. Stevens said that if they go on the basis that the Town is ptttting water on the land, the size of the pipe would not enter into it. Mr. Tucker asked what would happen if the Board decides on a 142" drain and the subdivider doesn't agree. Mr. Stevens replied that the subdividion will not be approved. Mr. Reed asked if the subdivider would have to put in a 11..2" drain if the decision should go against the Town. Mr. Stevens said that there would be nothing, in that decision; it would be/ifferent court. He said he would not mind defending the Town. He takes the evidence of the engineer. However a judge or jury may not agree with the engineer. Upon motion of Mr. Reed, seconded by Mr. Tucker, it was voted to advise the developer that the Board of Selectmen is of the opinion that there is no obliga- tion obi the part of theTowa to participate in as y way in laying the drain. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to hold Selectmen' s meetings on alternate Meetings Monday nights for the months of July and August, the next meeting having been scheduled for June 211th. Mr. Stevens retired at 8:54 P.A. The Chairman read a letter from the Additional New Town Town Office Building Committee advising that it is Office Bldg. the opinion of the Committee that the New Town Office Building should be painted white in accordance with the architect's recommendation. Mr. Gayer asked what color paint is to be used on the present Town Office Building and the Board agreed that it should be painted to match the new building. Mr. Gayer retired at 8:55 P.M. Notice was received from the State Department of Speed Public Works relative to revised Special Speed reg. Regulations Nos; 39 and 39-A on Route 2A. 501 The Chairman read a letter from Ralph E. Chadwick, Sealer of Weights and Measures advising that two test cans stored in the open basement of Weights the Town Office Building are missing. He asked and permission to use the room now used by the Health Measures Department when that Department moves to the newt building. Letter was received from the Additional Town Office Building Committee advising that the sum of $5355 is necessary for completion of the work. The Chairman explained that he had asked Mr. Transfer Brooks, the Chairman, to send a letter to the Board telling how much money is needed aid have it itemized because the Selectmen did not want to re- quest a transfer if any portion could be held over until a Town Meeting. Mr. Reed explained that no firm bid has been received on the furniture. He said he thought he advised Mr. BrDaks not to request a transfer un- til he had more information, and explained that the Selectmen would not request a transfer of a flat sum,. It was agreed to take no action on the re- quest for the time being. The Chairman read a letter, from the Dow Chemical Company addreeeed to Manager, Industrial Development Commission, advising that the company established its new Eastern Research Laboratory at Framingham last A Summer. They are now looking fora site to build premanant laboratory facilities and feel that Lexington might be an advantageous location. Zoning The Chairman said that possibly the Selectmen, Planning Board, or representatives from both Boards should meet with the Dow Chemical people . Mr. Tucker suggested sending them a copy of the Zoning By-law and advising that Lexington does not have an Industrial Development Commission. The Chairman said he would like to give them more encouragement than that. He explained that the type of land they would be interested in would require re- zoning. He said that now, or maybe in September the temper of the Town might be such tha. it would recommend this. `he Chairman was authorized to acknowledge the letter and advise that Lexington does not have an Industrial Development Commission, but the Selectmen would like to meet with them and representatives from the Planning Board. 502 r CC Letter was received from Mr. Carroll advising that the Planning Board has appointed Fred D, Wells as a member od the Recreation Committee for a period of two years. Mrs. Morey suggested a letter or telephone call from the Board to Mr. Crerie, former Chairman of the Recreation Committee, thanking him for carrying on during the Committee period of establishment of the Committee pursuant to the new By-law, Article XXIX, Section 1. The Chairman agreed to write such a letter and recommended writing to each member of the previous Committee. The Chairman read a letter from Mr. Carroll, Torn Clerk, advising that the following individuals have been appointed by theModerator to serve on the Group Insurance Study Committee, authorized under Insurance Article 35 of theAd journed Towi Meeting held on Committee March 25, 1957; Ralph H. Davis, Bryant C. Emerson, William C. Madden, Donald M. MacDonald and Nathan B. Ricker. Notice was received from the Department of Public Utilities advising that a hearing will be held on July 3rd, 10:30 k.M., Room 166, State House Hearing on petition of the Middlesex & Boston Street Rail- way for a certificate to operate buses in the area of Watertown Street and Pleasant Street. Application t for a certificate of character was received from the State on behalf of Anthony Albert License J. Bryon, Jr., 303 Lotrell Street , who has applied for a State Peddler's license to sell ice cream. Satisfactory character reference was received from the Chief of Police . Upon motion of Mr. Reed, seconded by Mrs. Morey, it was voted to sign the certificate of character. The Chairman read a letter from Mr. Carroll, Town Treasurev, with reference to the $500,000 Bid borrowing in anticipation of revenues The success- ful bidder was the Merchants National Bank of Boston who bid 1.8%. The Chairman reported that he had received a telephone call from Mr. Tobiason registering a com- plaint about Shannon's gravel pit being used for swimming. Mrs. Morey recommended acquiring the property for an auxiliary dump. 50 The Chairman asked it this wasn't a problem for Dr. Shannon to solve rather than one which Complaint the Town should handle and agreed to contact Mr. Stevens on the subject. Mrs. Morey brought up the subject of one man in the police cruising cars and the Chairman ex- plained that the Board's opinion in the matter was passed on to the Department, but it was not an order. Themeeting m eting adjourned at 9:40 P.M. A true record, Attest: motive C1er , Seleey len