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HomeMy WebLinkAbout1956-09-24-BOS-min 62A SELECTMEN'S MEETING I September 4, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, September 24, 1956 at 7:30 P.M. Chairman Reed, Messrs. James, Maloney, Tucker and Mrs. Morey were present. Mr. Stevens, Town Counsel, Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Messrs. Robbins, Biggs, Siegfried and Mrs. Litchfield of the Franklin School Addition Build- ing Committee, met with the Board. The Chairman explained that the Board had again discussed the subject of sewer facilities for the Franklin School and is of the opinion that it does not feel it to be practical or economically feasible to connect the school to the town sewer because the cost involved to have a pumping station which would provide facilities for only a few houses in the area. He said the figure is between $70,000 and $75,000 and the pumping station would only handle the school. He explained that there would be an expenditure of $70,000 to save $13,000 and the Board is in favor of having the filter bed put in. Mr. Siegfried said that was fine. He said the Committee is dealing with two bidders; one who would be the low man if the sewer is built and the other if the sewage bed is put in. He said that who gets the bid depends upon the decision in regard to the sewer. Mrs. Morey asked if Mr. Greeley, the architect, was satisfied. Mr. Siegfried replied in the affirmative and said that he could see no disadvantage in accepting any of the three low bidders. He reported that he had talked to Mr. Greeley about the increase in the architect's fee and Mr. Greeley gave him a letter stating that his firm would not increase its fee. Mr. Siegfried said he is entitled to the additional money t he way the con- tract is written but is prepared to write an amendment. Chairtan gave Mr. Siegfried a letter explaining the Board's position on the subject. The group retired. 63 Mr. Salvatore Lunetta, Conservator for Vincent Bellizia, Mr. Darien S. Terrile, attorney, and Mr. Paul McEnroe -met with the Board in regard to the tak- ing of a sewer easement across lands of Mr. Bellizia, Pine Meadows Golf Club. Mr. tunetta said that he thought everyone was present at the last session. He said as Conservator for Mr. Bellizia who has been ailing, he takes this very seriously. He stated that at the first session there was a plan and everyone was in agreement. He said in looking back, the plan as agreed upon by the town, the contractor went in and cut down trees with- out/notification. He said the Lloyds made a com- /any plaint. He was not told at all. He said in order to help, he agreed to have the town go down the fourth fairway which would not have damaged the property as much and at the same time gave a break to the Lloyds. He said a few weeks ago he received a letter to the effect that this new easement is to go through the third and fourth fairway and something else not men- tioned. That is, coming down the roadway which would wipe out the trees that are a barrier between the third and fourth hole. He said he could not understand the sudden change. He stated that he was willing to have the town go through the fourth fairway and asked what this is all about. The Chairman explained that after the original plan was agreed upon, the Town Engineer and the Con- sulting Engineer felt it was much more feasible to go through the fairways. He said he did not think all the trees would be cut down. Mr. Lunetta said that without any warning at all trees were cut down and pipe put in. Mr. Tucker inquired as to when this was done and Mr. Lunetta replied that it was late last Spring. The Chairman said that there is no question but that the course of the easement was changed upon the rec- ommendation of the Consulting Engineer and the Town Engineer. Mr. Lunetta said that the third and fourth holes are on a hill and the soil is in very bad condition. It is a struggle every year to keep it playable. The Chairman said that he did not think anyone knows that the trees are going to be taken down and suggested a meeting with the Town Engineer and the Contractor for the purpose of discussing the subject in detail. He said he thought such a meeting would ioNA work out to Mr. Lunette' s satisfaction. He explained that the contractor will only do sections at a time, fill it in and put it back the way it was, loam it off and seed it. He said that the Board feels there will be no damage and the ground will be playable by next Spring. He explained that the Board knows the contrac- tor well enough to ask him to do a little at a time so there will not be too much disadvantage to the owner. He said he would like to have a meeting arranged with the contractor and engineers, so it can be discussed before the work is started. He explained that Mr. Lunetta had a right to claim damages. Mr. Lunetta asked if the original plan was pro- hibitive and the Chairman replied that, not being an engineer, he would prefer to have the Town Engineer explain it. Mr. Gayer asked if Mr. Lunetta would like to go into the matter this evening or wait until a meeting can be held with the contractor and the Consulting Engineer. Mr. Lunetta said that he was willing to do what- ever he can to help but he is confused. Mr. Terrile said he thought the matter should be discussed with the contractor. Mr. Lunette said he wanted to be co-operative and would like to have the meeting some night or on a Sat- urday morning. Mr. Terrile said he did not think the Town wants the place ruined any more than they do and asked if cutting down the trees could be avoided. The Chairman explained that the Selectmen are always very reluctant to remove trees. Mr. Terrile said that Mr, McEnroe is the gentle- man who made the course what it is today. He feels that in digging the trench and reseeding it in the Fall, because of the drainage problem, there will be a very wet pathway through where the easement is go- ing and it will be trampled on by the golfers. He said he did not want any damages but did want 'a good golf course. He asked if the Board would agree to give anv help necessary to remedy such a situation if it came about and the Chairman replied that he could see no reason why it couldn't be taken care of. Mr. Terrile said that the matter could be left that a meeting will be arranged for Saturday morning, at ten o'clock. The Chairman asked if it would be practical to take the sod off and Mr. McEnroe replied that is the L_ 65 II only way it can be done. The group retired at 8:10 P.M. The Chairman read a letter from Paul M. Mitchell, Secretary of the Laconia Street Residents' Association, inquiring about the status of Laconia Street and rights of restricting traffic. an Mr. Stevens explained that it i'unaccepted Laconia St. street, the public has rights in it but not the Town. He said an unaccepted street is a private way and if the builder is using it to a greater extent than he has a right to, the people can make him stop. It is a matter between them and Mr. Frissore, the builder. Mr. Stevens said he would check the Statute in regard to speeding on a private way. Copy of letter from Mr. Stevens to the Town Treasurer was received advising that the Town has Settlement received $1500 in settlement by the Commonwealth of Massachusetts for lots taken for Route 128. Mr. Stevens retired. Upon motion of Mrs, Morey, seconded by Mr. Town Meeting Tucker, it was voted to call a Special Town Meeting to be held on Monday, November 19, 1956 at 8:00 P.M. The Chairman read a letter from Kendall Wright, 71 Adams Street, requesting abatement of sewer better- ment assessment in the amount of $831.59, stating that it would be impossible for him to use the sewer relative to the location of his drainage system and Sewer better- ledge. ment deferred Mr. Gayer explained that there is ledge there. They can get into the sewer as far as elevations are concerned. The plumbing goes out the back of the house into a septic tank. He reported that from what information he can gather of the area, their septic tank won't work too long because of the ledge and then they will have to be sewered. The Chairman asked how an abatement could be justi- fied if the property can be sewered. Mr. Maloney said that there will be an unreason- able expense to connect. The Chairman explained that once a betterment is abated and a connection subsequently made, no charge can be levied. Upon motion of Mr. James, seconded by Mr. Tucker, it was voted, under the provisions of Chapter 159 of the Acts of 1950, to extend the time for payment of 66 sewer betterment assessment on Lot B, Adams Street, in the amount of $831.59, without interest, until said land or any part thereof is built upon, sold, or until the expiration of three years from the date hereof, whichever event occurs first; provided, how- ever, that this extension of time shall terminate im- mediately if the facilities of the sewer main are used for said land or any part thereof, The Chairman read a letter from Anthony A. Mazza, Request for advising that he intends to build a house on Lot #15 water Green Lane this Fall, and requested the extension of the water main to service his lot. Mr. Gayer reported that he found a petition dated October 15, 1953. There apparently is some question about the location of Green Lane and he has not had an opportunity to check into it. Letter was received from the County Commissioners advising that a meeting will be held on Wednesday, October 3, 1956 at 10:00 A.M. for the purpose of dis- cussing chatters pertaining to public roads for 1957. Chapter 90 Mr. Gayer said his first reaction would be the continuation of Concord Avenue. The Chairman said that if the new Junior High School is going to be located in the East Street area, possibly the funds should be divertedthere in preference to Concord Avenue. Mr. Maloney 'said it is important to have the work done on East Street if it is definite that the school is to be located in that area. Mr. James inquired as to whefre on East Str gt it is comtemplated and Mrs. Morey replied that/i�n- volves the Chiesa and Bull land. It is now a ques- tion of price. The Chairman read a letter from Commissioner Volpe to Commissioner Whitney, Department of Public Sidewalks Safety, dated September 1 , 1956, relative to the subject of sidewalks. Mrs. Morey said that it seems the only persons to do anything are the Legislators and she suggested thet the Board contact Mr. Ferguson. Mr. Maloney left the meeting to call Representative Brox and reported that he will find out tomorrow just how far along the supplementary budget is and do everything he can, I 67 Further consideration was given to Mrs. Josephine Smith's request for abatement of a sewer betterment assessment levied against lot 56, School Street. Sewer The Chairman presented a sketch of the property abatement and explained that the house is located on the lot. denied A private contractor installed a sewer in Grandview Avenue, but Mrs. Smith's service is from School Street, a town sanitary sewer. The Board felt that under the circumstances no abatement is justified and her request was denied. The Chairman read a letter from Superintendent Smith in regard to speed signs in the area of the Harrington School and the use of the High School for elections. The Chairman reported that he and Mr. Gayer both checked into the matter of speed signs. The State and Registry of Motor Vehicles advise that the signs will Speed signs remain as they are because they are up for the motor- Harrington ing public on a twenty -four hour basis whereas the School area school children are there for a limited number of hours and it is not intended to penalize the public. However, motorists are compelled to slow down when the children are going to and from the school and a Police Woman is on duty, and when signs are in evi- dence indicating that there is a school in the area. In regard to elections being conducted in the gymnasium, which apparently presents a problem due to the fact that there are approximately 250 students who have been assigned physical education and who Voting in must be provided for, Mr. James said he thought the High School Board left it up to Mr. Carroll and the School Com- mittee to determine the best locations . It was agreed that this is a problem for Mr. Carroll to work out with the School Committee. The Chairman referred to Bertwell Road and Mr. Gayer said he would take the wall down if the Board so instructed him. Bertwell Rd. Mr. Maloney said that if he did take the wall down, he should not dispose of the stones. The Chairman said he did not like to see the trees taken down. Mr. Maloney reported that there is one tree which will have to come down and that every effort could be made to leave the trees there, depending on the grade. Mr. James explained that, after cutting back 68 r N C17 and sloping, there may be trees left with the roots dangling in the air. Mrs. Morey said she would like to have the people involved meet with the Board and advise that it looks good. Mr. Maloney reported that the people are now at the point of actually being unreasonable, and he felt it unwise to antagonize them. He explained that they have called him continually and he also recalled the abuse taken by Mr. Burns. The Chairman said that the Board agreed on a three foot shoulder and grade back to the best of its ability without causing too much damage to existing property whether it is town or private. Mr. Gayer said that one tree will have to go and there may be others. The Chairman asked Mr. Gayer to get int touch with him when he is ready to start the work. Mr. James suggested inviting the people in so they could be given an opportunity to decide what they want but, inasmuch as the subject has become more or less of an issue between the neighbors, it was decided not to. Mr, Tucker said that he would rely upon the judg- ment of the members who wets on the Board when the pro- jec,t was first started. Mr. Gayer retired at 9:40 P.M. Letter was received from the Boston Mutual Life Insurance Company relative to Group Insurance fon Town Employees. Group The Chairman reported that similar letters had Insurance been received from other agents, but the Board has never had a request for this coverage. Mrs. Morey reported that she was/hie Super- intendent of Schools ' office today and he asked if the Selectmen had discussed the subject this year. He has had requests from members of the School De- partment who asked about it last year and were told it was too near Town Meeting time to .be considered in the budget. She said this had been brought to the at- tention of State employees by a letter. The Chairman explained that the employees pay one-half and the Town pays one-half but the dividends go to the Town and not the employees. He said that it would also involve bookkeeping. Mrs. Morey asked the Clerk to find out how many town employees are not covered by Blue Cross. 1 9 Letter was received from Rev. Harold T. Handley requesting permission, on behalf of the Vestry of the Church of Our Redeemer, to conduct a paper drive on Paper Drive Sunday, October 21st. Upon motion of Mr. Maloney, seconded by Mr. Tucker, it was voted to grant the request. Invitation was received from the Stanley Hdl],4 ost, #38 American Legion, to attend Installation of Officers Invitation on Monday, October 1, 1956 at 8:00 P.M. in Estabrook Hall. Upon motion of Mr. Tucker, seconded by Mrs. Morey, it was voted to sign the following order for installa= Sewer Order tion of a sewer in Cedar Street from Paul Revere Road, 285+ more or less. COMMONWEALTH OF MASSACHUSETTS Middlesex, 88. Town of Lexington ORDER FOR CONSTRUCTION OF SEWER The Board of Selectmen of the Town of Lexington, acting in pursuance of the provisions of Chapter 504 of the Acts of 1897 and all acts in addtition thereto and in amendment thereof, and of every other power and authority hereto enabling, at a meeting duly held this twenty-fourth day of September, 1956 has laid out and voted to construct a common sewer in Cedar Street, a public way in said town from Paul Revere Road a distance of 28351* northerly, as more fully shown on a plan entitled "Plan of Proposed Sewer in Cedar St.., Lexington Mass. Scale 1"= 40' May 18 1956 Richard J. Gayer Town Engineer''. abutting the premises thereon designateds Lots 9, 10, 11, 12, 13, l4, 15, 16, 17, 18, 19, 20, B, Fl, F2, F5, H, G, I J, K, L, M, N, 0, P E, 7 6, A,5, 3, 1, 6 7-8, 9-10-11-12-13, 38 thru 45, 46-47-48, 82-83 - t}-85,86 -87, 88-89, 130-131, 132-133, 134-135-136-137, and 176-177-178-179 on the Assessors' plans and does hereby order that the same be constructed in said location. A plan entitled "Plan of Proposed Sewer in Cedar St. Lexington Mass. Scale 1" = 40 I May 18 1956 Richard J. Gayer Town Engineer" is to be recorded herewith all iii compliance with vote taken at the Adjourned Town Meeting held March 19, 1956 as follows: "VOTED: That the Selectmen be and they hereby are authorized to install sewer mains, subject to the assessment of betterments or otherwise, in such accepted or unaccepted streets or other land as the Selectmen may determine, in accordance with Chapter 504 of the Acts of 1897 and all acts in amendment thereof and in addition thereto, IIor otherwise, and to take by eminent domain or otherwise acquire any 70 N DI fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $103,000.00 of which $58,000.00 is to be transfered from the Sewer Assessment Fund; and the balance -of $45,000.00 is to be provided by the issue of bonds or notes of the lown; and thatuthe Treasurer, with the approval of the Selectmen, be and/h eby is authorized to borrow the sum of $45,000.00 and issue bonds or notes of the Town therefor, to be payable in accordance with the provisions of Chapter 44 of the General Laws, as amended, within a period not exceeding twenty years."` be That the work/done by, or under the direction of the Superintendent of Public Works who shall as soon as feasible after the completion thereof, together with the Town Engineer, compute the expense of the same and return to the Board on account thereof, and that thereafter, one-half of the cost of construction thereof, shall be assessed upon the estates specially benefited thereby, under and subject to the provisions of Chapter 221 of the Acts of 1926. And it is further ordered that a copy of this Order, attested by the Clerk of the Board, be filed for record in the Registry of Deeds for the Southern District of said County, as a statement of our action in the premises in compliance with the provisions of Section 27 of Chapter 83 of the General Laws. The assessments so to be made are estpla ted, and the est upon which assessments may bejmaae,are numbered in the numbering of said street or otherwise designated, as set forth in the schedule hereto annexed and made a part hereof. Haskell W. Reed Ralph H. Tucker Selectmen of Ruth Morey Lexington 1 Attest: Hazel J. Murray Executive Clerk, Selectmen 71 II Schedule of estimated assessments and estates to be assessed. Annexed to Sewer Order for construction of sewer in Cedar Street from Paul Revere Road a distance of .2835' t northerly. CA Supposed Estimated L.C. Owner Lot No. Area Assessment Cert. No. Mary E. Connolly 9 15300 634.94 Claude A. & Winnifred M. Clarke h/w 10 10900 452.34 Anthony J. & Helen I. Sanseverina hfw 11 9600 398.40 Leonard & Helen D, Jellis h/w 12 10000, 415..00 Richard W. & Eleanor I. Hyde h/w 13 10200 423.29 Henry M. Palese 14 10200 423.29 Stanley W. & Mary Ann Janusas h/w 15 10100 419.14 Wilber E. & Ethna P. Neal h/w 16 10000 415.00 William F. & Mildred A. Furdon h/w 17 10000 415.00 Richard H. & Catherine Martin h/w 18 10000 415.00 John F. & Agnes D. McCullough h/w 19 10000 415.00 David G. & Elizabeth K. Govan h/w 20 12000 497.99 Herbert A. & Mary W. Pike h/w B 16750 695.12 74737 Roy F. & Stella M. Parsons h/w F1 10300 427.44 60534 Adrian R. & Vera L. Parks h/w F2 10000 415.00 73911 John E. & Adelaide Penny h/w F3 10100 419.14 65468 Joan E. Boyd44 . H 10900 452.34 79 4 George M. & Elizabeth M. Sinclair 1/w G 10000 415.00 68357 Forrest K. & Lillian M. Marcy h/w I 9600 398.40 69599 Edward J. & Nancy C. Cassidy h/tai J 10000 415.00 67099 Manuel F. Amaral K 10000 415.00 82785 II Murray & Charlotte S. Zelikoff h/w L 10000 415.00 82813 l '72 1.4 N Liz Supposed Estimated L.C. II Owner Lot No. Area Assessment Ctikt. No. Edward J. & Frances M. Skane h/w M 10000 415.00 67495 Clarence Jr. & Anna Pierce h/w N 10000 415.00 67216 Paul Arthur & Doreen D. Plasse h/w 0 10000 415.00 824.63 Paul B. & Olive E. Lloyd h/w 28100 1166.14 Vincent N. Bellisia ( Salvatore E. Lunnetta Conservator) P 16100 668.14 68202 Paul B. & Olive E. Lloyd h/w 12500 518.74 Wilfred C. & Agnes L. Rodgers -h/w 10000 415.00 John C. & Margaret E. Taylor h/w 18300 759.44 John Alden & Marie Mountain Clarke h/w E 13000 539.49 Carig L. -& Thelma L. Crowell h/ws 7 11300 468.94 Joseph J. & John J. Bombara 6 10600 439.89 William J. & Bette B. II Wilson h/w A 18700 776.04 Joseph S. & Marion T. Coletta h/w 5 18400 763.59 Ralph H. -& Wilma E. Packard h/w 3 11900 493.84 David S. & Elizabeth L. Terry h/w 1 10700 1001 •04 Charles Brown 6 2400 99.60 Charles E. & Viola D. Brown h/w 7-8 4800 199.20 Adam S. & Eva E. 9-10 Wood h/w 11-12-13 11980 497.17 John C. & Genevieve Nelson h/w 3$ thru 45 1880o 780.19 Joseph L. & Claire 46-47- A. Gillis h/w 48 8200 340.30 Henry C. Jr. & Christ- 82-83- iana E. Kirkland h/w 84-85 10000 415.00 Fredrick & Elizabeth D. Sgrosso h/w 86-87 5000 207.50 Harry W. & Emma E. Pratt h/w 88-89 5000 207.50 IIJohn J. & Helena A. Murphy h/w 130-131 5000 207.50 3 11 Supposed Estimated L. C. Owner Lot No. Area Assessment Cert., No. William & Mary F. Hawley h/w 132-133 5000 207.50 Joseph F. & Ruth E. Solano h/w 134-135- 136-137 10000 415.90 Mary E. Dwyer 176-177 178-179 10000 415.00 Due to the fact that a Special Town Meeting will be held next Monday at 8:00P.M. it was agreed to open the Board meeting at 7:00 P.M. instead of the usual time of 7:30 P.M. The meeting adjourned at 9:50 P.M. A true record, Attest: Executive 0lerk, S lectre 1 1, I