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HomeMy WebLinkAbout1957-05-06-BOS-min 46 SELECTMEN t S MEETING May 6, 1957 A regular meeting of the Board of Selectmen was held in the Selectman's Room, Town Office Building, on Monday evening, May 6, 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 also present. Mr. Gayer submitted bulldozer bids as follows: Morrisey Brothers Allis-Chalmers Model HD- 11B $18,080.00 Diesel Tractor Allowance, Caterpillar D-4 Tractor 2.295.00 15,7165.00 Canopy Top 420.00 16,205.00 Terms: 1% next Town pay day 162.00 Bulldozer 16,043.00 bids Clyde Everett 1 International Diesel Crawler 18,732.00 Tractor, Model TD-114. Allowance, Caterpillar D4 Tractor 2,732.00 16,000.00 Semi-enclosed cab 410.00 16, 10.00 Terms : Net Perkins-Milton 1 Caterpillar Model D6 Tractor 18,430.00 Allowance, Caterpillar D4 Tractor 1.000.00 17,430.00 Terms.: 2% cash in 10 days 348.60 L7,OIil. t4.0 The Chairman asked if the bids conformed to the specifications and Mr. Gayer replied in the affirmative. Upon motion of Mr. Maloney, seconded by Mr. Reed, it was unanimously voted to accept the low bid submitted by Morrisey Brothers. 4[24 DC L!7 Mr. Gayer said that he had checked the hours maintained by the personnel in the Engineering Department and received various and sundry reports. However, effective this week the hours have been definitely established from 8:00 A.M. to 5:00 P.M. Mr. Maloney asked if Mr. Gayer thought some- one should be held responsible and he replied that Engineering is one reason why he wants an Assistant Engineer. Department That individual would be responsible. The Chairman asked who is in charge now, and Mr. Gayer replied that both he and Mr. John Carroll have been covering it. Mrr Maloney said he thought Mr. Carroll should be in charge until a change is made. He pointed out that it would not be advisable to delegate the responsibility to a new man until his capabilities were known. Mr. Gayer presented a plan prepared by Metcalf & Eddy, made in connection with a study in 1936, showing the area Ampolo wants to include in his new subdivision. He indicated where the subdivision would be and said that there are about 215 acres in the area with the shading. He said the study made by the Town actually called for a 14.8" pipe which was based on a five-year average storm. He said when this is drained as it should be he felt this size is required. Ampolo Mr. Reed said that a burden is being put on drainage the builder and he did not think he should be re- sponsible for such a large size drain. Mr. Gayer said he thought he should and said it is the developer's responsibility. Mrs. Morey said that the Town has been allowing the subdivider to drain just the piece of property being subdivided and not caring where it is dumped. They do dump excess water. Mr. Maloney said that a few years ago the Town tried this with Ryder and paid a substantial amount for damages when water from town streets went through his property. He said the Town has no right to dump water on a man's land and if the Town changes the direction of the water, it is responsible. Mr. Gayer explained that when a water way is changed an easement must be obtained. Mr. Maloney said that the Town has never won a tase for water damages, and the Chairman said that may be one reason for a large pipe. LJ Mr. Reed said he was natopposed to the large pipe, but the Town is draining the back area which is not part of the man's land. Mr. Gayer explained that it is a natural water course. The Chairman asked if Mr. Gayer meant that if a man purchases a piece of land and there is a brook, in order to avoid trouble himself, he must find a wa$ to take care of the brook no matter how much water goes through or where it comes from. Mr. Gayer said that was correct. Mr. Reed said that the Town accepted those streets and is dumping water on his property. Mrs. Morey asked if the Public Works Depart- ment determined the size of the drains when the subdivider obtained approval from the Planning Board, and Mr. Gayer replied in the affirmative. Mrs. Morey said she was wondering if the Planning Board should not have something to follow through so that one person would not have to bear the entire burden. Mr. Stevens arrived at the meeting at 7:55 P.M. Mr. Tucker said that water has been draning here for Some time. He purchased the land with the condition existing, and the Town has not made any change since he purchased the land. Mr. Maloney said the Town is dumping water there and Mr. Tucker stated that was being done before. Mr. Maloney said that when the Town accepted the streets it accepted the responsibility Mr. Reed said he felt the drain is needed but could not see the owner paying for the large drain. Mrs. Morey inquired as to the difference in cost between a 2L." drain and a 42" drain. Mr. Gayer explained that a 42" drain costs $9.20 per foot for material and $2.7.5 for labor. A 24)' drain costs $4.65 per foot for material and $1.65 for labor. Mr. Stevens said that the Town would have to go into this thoroughly to determine whether it is or is not dumping Water and what arrangements can be made. The Chairman said that the Board needs to know more than it does at the present time to make a decision. Mr. John Brucchi, 63 Paul Revere Road, met with Brucchi the Board.and discussed at length the subject of a complaint florist business which he claimed was being operated by Mrs. Adams, 69 Paul Revere Road. L . 426 C" Mr. Stevens explained that the Bordaof of he can do nothing about the situation. He supposed the best action to take was to bring pro- ceedings against both Mrs. Adams, and Mr. Brucchi for conducting a landscaping business from his address. He said he personnally felt that what Mr. Brucchi is doing constitutes carrying on a business and he could not recommend to the Building Inspector to proceed against one without going against the other. Mr. Maloney said that nothing could be accomplished by further discussion and Mr. Brucchi retired at 8:x.5 P.M. Mr. Charles Dwyer, 15 Freemont Street, met with the Board relative to a sewer betterment assessment in the amount of *11.15.00 on property at 172 Cedar Street. Mr. Gayer presented a sketch of the loft in- volved and Mr. Dwyer explained that there are four lots fronting on Cedar Street. Mr. Reed asked if there was a house on the property and Mr. Dwyer replied that there is an old Dwyer shack there which was condemned about ten years ago. sewer Mr. Reed asked if it was open land and Mr. Dwyer betterment replied in the affirmative. The Chairman asked if he was asking to have some- thing dpi%e about the sewer betterment in view of the fact that there is not a house on the property and Mr. Dwyer replied in the affirmative. Mr. Dwyer said that this land has been in his family for over forty years. Mr. Reed explained that the Board could defer the betterment without interest and asked if the land was in his name, Mr. Dwyer replied that it is in his mother's name. The Chairman explained that in some instances it is possible to grant deferment of the amount izith- out interest for a period of three years, but he was not at all certain whether it is proper to do it in this particular ease. Mr. Stevens explained that if the property is built upon, the full amount would be due. At present, it can be spread over period of twenty years. He also explained that at the end of the three-year deferment period the full amount would be due unless deferred-'for another three-year peridd at which time its would all be due, and could not them be spread over a period of years as it can now. i•Y The Chairman said that there is no possibility of abatement, but the Board could defer it for three years without interest. He explained the proper course would be for Mr. Dwyer to write a letter and asked who was the executor. Mr. Dwyer replied that no one has been appointed. Mr. Stevens said in view of that Mr. Dwyer is not in a position to request deferment. Mr. Dwyer said that he has paid taxes ever since his mother died ten years ago. Mr. Stevens asked if he was the sole heir and he replied that he has seven sisters. Mr. Stevens explained that the ownership is amoung them all. Mr. Reed asked how he happened to get the tax bill and Mr. Dwyer explained that it was sent to his sister and forwarded to him. Mr. Stevens explained that on record his mother is the owner as far as the Town is concerned. Actually there are eight owners and one owner alone is not in a position to request deferment. He said if Mr. Dwyer could get them all to sign a letter and send it in the Board could consider it. Mr. Dwyer retired at 9:00 P.M. Mr. Stevens said, he had three contracts to be signed with Whitman & Howard; street construction, Contracts including all utilities; sewer and water. The contracts were signed by the Board and taken by Mr. Stevens. Mr. Stevens referred to the Susi & DiSanti.s contract and explained that Mr. Antonio Busa created a twenty-foot strip at the end where he has Lot A which he conveyed to the Boston Edison Company for a sub-station. It is necessary to get into Boston Edison to reach a manhole. Edison already has full easement rights in a forty-foot strip. Mr. Tropeano called today to say that Mr. Buss is willing to grant the easement but he wants some- thing in writing to the effect that there is not going to be any betterment charge. Mr. Stevens informed Mr. Tropeano he was not aware of that and he could not see that Mr. Busa is losing anything. Mr. Snow says this will become a street. Mr. Busa understood that there would be •no betterments and wheh the houses come in for connection, there would be no connection fee. I 428 C"' Crl Mr. Reed said that Mr. Buse understood from John Carroll that there would be no betterment charge. He explained to Mr. Busa that was incorrect and if there were no betterment charges there would be connection charges. 1'1r. Busa did not under- stand that. Mr. Gayer said in talking to Mr. Anthony Buss. he was told that there would be no betterment charge. Mr. Reed said that there had been discussion about no betterments but there would be a connection charge. Mr. Stevens explained that the connection charge is usually on the basis of what the betterment would have been. He said this is something for the Board to decide. What it means in a sense is that the Town pays him for the easement the amount that otherwise would be a sewer betterment. Mr. Reed said that Mr. Busats land is being bettered but he is permitting the Town to put the sewer in his land. Buse Mr. Stevens said the Town would have to get it sewer by grant or by taking. He said he thouglit Mr. Buse betterment would have difficulty in establishing damages as long as he has given the Boston Edison Company a right of way in the entire forty-foot strip. He said that Mr. Tropeano wants something in writing to the effect that the sewer will be available without any connecting charge. The Chairman said he thought the Town should take the easement and work out an agreemint later if possible . Mr. Gayer explained that the contractor is ready to go and this is the low point. Mr. evens presented a plan of Concord Avenue showing/kas in which the Town needed to get slope Slope easements. He explained that some of the people dontt easements want to grant the easements and the only way to proceed is to make a taking. Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to sign the slope easements prepared by Mr. Stevens. Mr. Stevens referred to hr. Tropeanots letter of April 17th re Fuller property, Sunny Knoll. He explained that he has taken this up with Hr. Tropeano and also written to the Assessors, explaining the situation and asking them for their cemments. 429 He said after he had heard from them the Board can decide what is to be done . Mr. Reed said he thought the Board should do something about the so-called Head property, 10 West- minister Avenue. He said before it is offered for Head tax sale the Board should be certain everything is clear. title Mr. Stevens said the property was taken for non- property payment of taxes. Mr. Reed said he thought the Board should dis- pose of it before it is demolished. Mr. Stevens said he would like to see the Assessors records before the Board advertises for bids. Mr. Stevens retired at 9:35 P•M. Mr. Gayer said if the water pressure goes much lower, one of these days, the ban should be put into Water operation. He asked, if it became necessary, should he proceed with the ban or contact the Board. Mr. Reed suggested that Mr. Gayer alert the Airport to fill its tank at night. Mrs. Morey said that there is bound to be some I rain and the situation will ease off. Mr. Gayer said that regardless of the pressure, the criterion is whether the people have water or not. The Chairm1an agreed and said that when Mr. Gayer receives complaints he could investigate and if the people do not have water, controls may have to be put on. Mrs. Morey said the Board is meeting from week to week and felt the situation could be handled. Mr. Maloney saggested that some publicity •be given to the subject and Mr. Reed said that Mr. Gayer could reach all members of the Board by telephone if necessary. It was agreed to have the matter brought to the attention of the public in this week's issue of the Minute-men. Letters were received from the •State Department of Public Works advising that the sum of $10,500 has Chapter been assigned for Chapter 90, Concord Avenue and 90 $1,500 has been assigned for Chapter 90 maintenance. Mrs. Morey said that there is one parking meter at the corner of Muzzey Street which, if removed, would help the traffic. 430 .4 Dej Mr. Reed said that the Board was considering no parking on Muzzey and Clarke Streets, and if this is done there will be no meters there. Mrs. Morey said if just the first meter was Traffic covered it would help. ' control Mr. Tucker inquired about parking on Grant Street, and asked why the meters were there. Mr. Reed epggested taking them out of Grant Street and putting them at Emery Park. Mr. James agreed to discuss the subject of parking on Grant Street with the Chief of Police. Notice was received from the Department of Public Traffic Works advising that a hearing will be held on May 9th Speed for all persons interested in a revision of Special Revision Spped Regulations made in 1953 on Rotte 2A. The Planning Board metvwith the Selectmen ab 10:00 P.M. Mr. GrindXe explained that a section of the so- called Baskin property has been submitted for approval, and the question to be decided is how they are going to get in to develop the land. He said that the Planning Board has discussed the subject and it seems the best Baskin way is to take the entrance which the Town purchased Development to be used some time where the road enters and ask the developer to put the land in condition to get the trucks in. The Chairman asked if there were any restrictions on the type of road the Towahas to build. Mr. Grindle said he did not think so but according to the agreement, they will have to start work on the development before the Town will give them a road. Mr. Jaquith explained that it would have to be a Board or Survey road which he supposed was one built to Town Specifications. The Chairman inquired about the distance and Mr. Jaquith said that it tt about 750 feet. Mr. Snow explained that actually Mr. Baskin moved the entrance a good many feet nearer Waltham Street than it was. The Chairman asked if the Town was to build half the length from Waltham Street, and Mr. Snow explained that the Town has to build the entire length. Mr. Jaquith said that it is not exactly equal. When the subdivider kiahrthehedqtheopbfiht where A:le Giefta 1 .a agreement with the Town to build a street of a length 431 Nat least equal to the amount the Town would have to construct on Waltham Street up to the point where they connect, then the Town has to put in a Board of Survey Street. The subdivider has changed the location of the street and brought it close to Waltham Street so the Town is committed to build about 750 feet if they come all the way put tp Waltham Street. Mr. Snow explained that the school drive is not a Board of Survey Street. Mrs. Morey said it was supposed to be and was built of different construction than the other driveways over there. She said that Mr. Burns drew up the specifi- cations. Mr. Jaquith said the question is whether the Town wants to have the school drive used for a street for all the traffiorcoming down off Prospect Hill or if the Town wants a seperate street. The Chairman asked how far away it would be located from the lot the Town owns on Waltham Street and Mr. Jaquith replied about 300 feet. Mrs. Morey asked how far back from Waltham Street and Worthen Road the new development is against the school. Mr. Jaquith replied that it is 750 feet to come from Waltham Street and 250 Feet to come across from the High ' School. He said as far as the Planning Board can de- termine the Town is not committed to build a street until the subdivider starts construction. He can't start the sub-division without getting his equipment in and with- out a street he can't get The Chairman asked if there was a layout of Worthen Road to Waltham Street and Mr. Snow replied that all he has is a study plan. Mr. Gayer said that the utilities will have to be brought in from the school street. Water, sewer and drain is in now, but repairs will have to be made on the drain. Mrs. Moray said that there would be troublecwith the school drain if all the drainage of the area is going to be fed down to it . Mr. Jaquith explained that the subdivider is going to want to connect to themain trunk line at the very end of the subdivison. This involves a question of whether the Town can work out an agreement for an easement in exchange for connecting into the main trunk line. The Chairman asked if the Town had an easement now and Mr. Jaquith replied dm the negative. 42 C-' C4 The Chairman said that what the Planning Board is pointing out is that whatever the Town is going to do it whould be done quickly and if there is a Town Meeting an appropriation should be included for this. Mr. Jaquith said the access solution should be worked out before the Planning Board approves the plan. The Chairman said the Board should immediately prepare for putting in whatever it wants in the way of a street from Waltham Street. The Planning Board retired at 10:40 P.M. Further consideration was given to Mrs. Josephine Smith's request for abatement of sewer betterment assess- ment levied against lot 56 School Street. Sewer Mr. Maloney said that Mrs. Smith could have entered abatement the sewer on Grandview Avenue if she wanted to. Upon motion of Mr. Tucker, seconded by Mr. Maloney, it was voted to abate the sewer betterment assessment in the amount of $159.61 against lot 56 School Street. Mr. Gayer retired at 10:50 P.M. The Chairman read a letter from the Lexington Little Sticker League advising that the league intends to conduct a drive Sticker drive on Saturday, May 11th, for a period of about three hours . The Board had no objection. The Chairman read a letter from Chief Rycroft with reference to Earl P. Anair, top man on the Police Civil Service Police list. Mr. Anair has not lived appointment at-the addrestrgfven, 144 Bow Street, for at least a year and a hell. According to information he hass re-enlisted and has an addredd A.P.O. California. Chief Rycorft was advised by Civil Service that it was Mr. Anair's responsibility to notify Civil Service of his change of addredd which he has not done, and the Board could appoint the second man on the list. Upon motion of Mrs. Morey, seconded by Mr. Tucker, it was voted to appoint Albert W. Koch, 15 Oxford Street a patrolman„Lexington Police Department, effective May 34 1957. Letter was received from the Middlesex & Boston Street Railway Co. requesting a license to operate motor vehicles for transportation of passengers for 443 hire from the junction of Watertown and Pleasant Streets via Pleasant Street to Concord Avenue, thence via Concord Avenue, Hutchinson Road, Webster Road, Stearns Road, to Pleasant Street, thence via Pleasant Street to the Bus route Concord Turnpike, Route 2. The Chairman was requested to contact the petitioner to find out why the busL route is being proposed and how often the buses will run. Consideration was given to letter on behalf o the Bay Circuit Historic Tour Committee relative to the appointment of a Chairman of Publicity and a Sign Chairman. Mr. Tucker said it seemed to him that this is more Appoint- of, a Chamber of Commerce activity than one for the ments Board of Selectmen. It was agreed to designate Robert J. Sherman, Chairman of the Publicity Committee aid Mr. Aiden L. Ripley as Sign Chairman. Letter was received from the State relative to Civil Civil Defense Operation Pre-Alert 1957. Defense The Chairman was authorized to contact Mr. Purington and obtain his recommendation on the subject. Upon motion of Mr. Tucker, seconded by Mrs. Morey, it was' voted to appoint the following custodians and Special maintenance men in the public schools Special Police Police Officers for terms expiring March 31, 1958: Edward Stevens - Maintenance John Blodgett - High School 'Oscar Heimlich - Hastings Joseph Gallini - Fiske Walter MacDonald - Fiske Clyde Hayne - Junior High Duncan Swan - Harrington Arthur Linfield - Junior High Thomas Bentley - Munroe Stephen Lichtenberg - High School Upon motion of Mr. Tucker, seconded by Mrs. Morey, it was voted to grant the following licenses : Lexington Cab Co. 11 Depot Square Public Carriage (Beni. ) Joseph DeFelice 81 Westview St. Peddler Vernon S. Rivet Bedford Junk Dealer " Benjamin W. Berman 13 Mass. Ave. Letter wns received from Daniel J. Donohue, who is in charge of the Antique Show to be conducted in Cary Hall on May 21st-24th, requesting permission Sign to display a banner 61 x 4 ' over the doorway with the words "Antique Show" or a sign 31 x 4' on the lawn. 434 The Board had no objection to the sign, but denied the request to display the banner. Mr. Tucker suggested, and the Board agreed, that Sign the Public Works Department have a sandwich sign made, about three feet square, to be used by groups conducting activities in Cary Hall. The Chairman reported that a Mr. Piggott called him on behalf of Mr. Alfred Iodice who wanted to purchase tax title lots 21E and 25 Marvin Street. The reason Mr. Iodice wants to acquire them is to prevent anyone else from purchasing them. He explained to Mr. Piggott that the Board had decided not to dispose of these lots and under con- ditions where there is no water the only way the Board' ever sold tax title lots such as these was to restrict Tax title the deed to no building on the land. lots Mr. Maloney said he did not think the Board should reverse its decision et this time. The Chairman said that Mr. Piggott wanted to know the Board's reason for not selling the lots and Mz . Maloney said now, as before, the Board believes it to be in the best interest of the Town not to sell theme. Mrs. Morey referred to Mr. Clarence Walker's re- quest for water and asked if this would be placed. on the list. Water Mr. Maloney explained that if the Town put in water there would be a betterment charge. In some instances the Town lays the pipe and charges the amount it would have to cost to put in a 2" service. He said the $500 amount was for the complete job and Mr. Walker was willing to pay for it. The Town is putting a main up just as far as his lot and it can be carried at a later date if needed. The meeting adjourned ar 11:25 P.M. A true record, Attest: 1/01/ �ExetivClerk, 'Selo(/ ,i�r.ce-.►� CL- L 'O1) BID OPENING, May 13, 1957 A special meeting was held in the Selectmen's Room, Town Office Building, on Monday, May 13, 1957 at 5:00 P.M. for opening bids for demolition of concrete tank, Contract No. 2 and sewer, Contract No. 3. Chairman James, Messrs. Gayer, Carroll, Kraynick, Mr. Howard and the Executive Clerk were presnt. lids for Contract No. 2 were opened and read by Mr. Howard as follows : Demolition of concrete American Building & Wrecking Co. Inc. Boston $11,500 tank Joseph A. Jacobs, West Peabody 19,000 Alan Gray Co. , Arlington 13,720 Corey Steeplejacks, Lowell 13,850 kll bidders submitted certified checks in the amount of $500. ''he Chairman explained that the Board would take the bids under advisement and inform the bidders of its decision. 3ids for Contract No. 3 were opened and read by Mr. Howard as follows : Benedetto Bros, Inc. , Wakefield $95,730 With Alternate 95,730 Georgi Brox, Inc. , Hudson 74,682 With Alternate 73,057 J. DRgmico, Inc. , Dorchester 96,225 With alternate 96,225 Pitt Construction Co. & Phil Rando & Co. , Lincoln 81,550 With alternate 79,925 H. DiTullio & Sons, Inc. Hyde Park 101.350 With alternate 98,100 436 Susi & DiSantis Co. , Inc. , Hyde Park *87,870 With alternate 87,870 C. DiMaitino & Sona, Hyde Park 107,075 With alternate 107,075 J. W. Construction Co. , Inc. , Dorchester 102,150 With alternate 102,150 D. M. Bernardi, Inc. , Wellesley Hills 96,210 With alternate 94,225 Z & S Construotion Co., Inc. 82,700 With alternate 81,075 Richard White Sons, Inc. , West Newton 96,002 With alternate 96,002 Quinton Vespa Co. , Newton Center 99,062 With alternate 92,562 All bidders submitted certified checks in the amount of 1500. The Chairman said that when the Board has made its decision the bidders would be notified. The meeting adjourned at 5:30 P.M. A true record, Attest: / ec(tiv)Clerl , Selecn r 7