Loading...
HomeMy WebLinkAbout1956-03-05-BOS-min 349 SELECTMEN' S MEETING March 5, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, March 5, 1956 at 7:30 P.M. Chairman Bateman, Messrs. Gay, James and Maloney were present. Mr. Gayer, Superintendent of Public works, and the Clerk were also present . Mr. James J. Carroll, Town Clerk, met with the Jurors Board for the drawing of three jurors] The following individuals were drawn for jury duty: F1osance E. Gray, research, 488 Massachusetts Avenue, Richa' d W. Hofheimer, inspector, 15 Ball a' d Terrace and John P. Buckley, theatre manager, 121 Lincoln Street. Mr. Carroll retired at 7 :33 P.M. Mr. Mahon, representing the Boston Edison Company, met with the Board re pole locations submitted for ap- proval last week. Pole Mr. James asked if all the locations were for locations poles to be moved from present locations. Mr. Mahon explained that Peartree Road, Appletree Lane, Peartree Drive, Scotland Road and Gleason Road are petitions to validate existing lines previously located on a private way but now public ways. He ex- plained the petition relative to Burlington Street by use of a blue print and further explained that the School Street change is necessary due to widening the street. Some of the poles have been moved, but the project is incomplete. Mr. Mahon stated that the petition relative to Wood Street is merely to transfer ownership. He stated that many times things are decided by the town at the last minute and usually the company does the work with the full knowledge of the town en- gineer and then comes in with a petition to validate it . In other words, it is something the town is asking the company to do. He referred to the Massachusetts Avenue petition and explained that the pole is presently under joint ownership and it is desired to make it straight Edison ownership with no change in the location. Mr. Mahon retired at 7:0 P.M. ' Upon motion of Mr. James, seconded by Mr. Gay, it was voted to approve the petitions ans sign orders for the following pole locations: gni Burlington Street, Gleason Road, Appletree Lane, Peartree Drive, Scotland Road, School Street, Peachtree Road. Transfer of location - Wood Street, Mass. Ave. Mr. Gayer reported that John Byrne approached him Plumbing and explained the situation relative to a town car for Inspectors the inspectors. It seems in his case he is traveling car allow. between Winchester and Lexington and there are many times when he is running back and forth. In other words, he will make an inspection and the work will be incomplete in the morning and he makes another in- spection in the afternoon. In the meantime, he works in Winchester and then comes back to Lexington. He asked if he would be allowed to drive a Lexington car to Winchester and Mr. Gayer informed him that he did not think so. He said he thought such an arrangement would be open to criticism. Mr. Byrne also explained that many times on his work he would start at the end of the town and work towards Winchester and go home from there. Mr. Gayer said he had discussed the possibility of a car allowance with Mr. Bateman; Mr. Irwin and Mr. Jeremiah to use the new car . From the discussion to- day, Mr. Byrne is talking $600 or $700 allowance per ' year for hiscar. Mr. Gayer finally reported that he finally agreed to talk about a figure of $510 a year or $45 a month based on a figure that was set by the Board earlier. He would be willing to accept $540 a year and use his own car. The town would then purchase one car for the other two inspectors. Mr. Gayer said that he personally felt this to be a good arrangement but did not go into any detail with Mr. Byrne as to his thoughts. The Chairman said that he told him the Board might consider $314 per month. Mr. James said that the MO allowance for a single car does not bother him, but he wondered if the other two inspectors could operate with one car. Mr. Gayer assured him that they could. Mr. James asked if the inspectors thought they could, and Mr. Gayer replied in the affirmative. Mr. Maloney suggested proceeding as arranged, Mr. Gayer to discuss the subject further and advise Mr. Byrne how the Board feels and for a more reasonable consideration might go along. He pointed out that for a part-time inspector $514Q is $1080 for full time. He said he thought the two cars should be purchased anyway. Mr. James said that the town would save money with them. I 351 Mr. Gayer reported that he has been unable to find a contract with the wrecking company tearing down the buildings on Muzzey Street. He explained that he has the quotation and a certificate of insurance but does not know how the company is to be paid. The Chairman suggested that he check with Mr. Stevens . The Chairman read a letter from Mrs. L. J. Chu, Water 18 Oakmount Circle, calling the Board' s attention Oakmount to the fact that the water coming through the water Circle pipes is rusty and in hot weather there is a shortage. The Chairman explained that this is a dead end water main and the water can't drain the hydrants because of ice and in summer there is mud in the water. Mr. Gayer stated that with a dead end water main there will always be rust. He said that he has not heard of any other complaints. Two weeks ago Mrs. Chu called and he sent Mr. Moloy up to open the hydrant and flush out the main. He explained that the only solution is to tie the dead end in which would be very expensive and in this particular in- stance he did not know if it would be possible. It would have to go down to Grant Street. He said he would, however, check into the subject. Mr. Stevens, Town Counsel, arrived at the meeting at 8:00 P.M. Mr. Snow met with the Board re Tech-Built Subdivi- sion, and presented plan of the same. He pointed out Robinson Road and said that he understands because Tech-Built of ledge there will be about only six or seven lots Subdivision here and six or seven lots there and maybe eighteen sewer all told if the sewer were brought this way. There was an alternate proposal bringing the sewer up here, up Grove Street and if that is done, all this and all that could be sewered. They are submitting this plan tonight for Planning Board approval. The question was raised about twenty-six lots being sewered by this trunk line but that is not so. Only twelve of the lots could be sewered and the rest would have to come in with some future line. The Planning Board would disapprove the original plan which came to here because they had only one access and they will have to find another way out. There are about twenty-seven houses immediately to be sewered. He said if the Planning Board approves this and there is no trunk sewer in there, they can' t � I 352 CL ask them to put in a-sewer. Therefore, in the next year or year and a half all of these will be built without a sewer. The Chairman asked how soon they would start and Mr. Snow replied that they want to go ahead right away. Mr. Stevens asked if the land would take cess- pools and septic tanks and Mr. Snow replied that it would in some cases, but he did not know what the Board of Health would say. The Chairman asked how long it would be before they would come in with a finished plan and Mr. Snow replied that they will come in within forty-five days. The Chairman suggested handling this situation the same as the Newgent development was handled. Mr. Stevens said that an amount could be included in the appropriation for sewers. Mr. Snow retired at 8:27 P.M. However, be re- turned to the meeting later in the evening and re- ported that this is a 3Q,000 foot area development and the Planning Board feels that the developer should take care of the problem with cesspools. He said they could see no justification for the town spending the money to sewer it. If they can' t sewer some of the lots, that is their problem, as they knew that when they went up there. Mr. John Carroll, Assistant Superintendent of Sewer ease- Public Works, and Mr. Woods, representing Whitman and ment Lloyd Howard, met with the Board re sewer easement going property through land owned by Paul Lloyd on Cedar Street. The Chairman said that the Board would like some information before the Lloyds arrived at the meeting. Mr. Woods presented a plan showing where they in- tend to go now and also the alternate plan. Mr. Carroll explained that Mr. Burns had asked him and Mr. Woods to see the Lloyds. Mrs. Lloyd showed them an old plan prepared by Miller and Nylander but it was obsolete. He explained to Mrs. Lloyd that the plan did not have to be recognized and she gave it to him for Whitman & Howard to make up a new lotting, using the new 125 foot frontages. That was done and the new plan brought back to her. The day after he gave it to Mr. Burns he said Mrs. Lloyd said she had seen the plan and rejected it. Mr. Stevens asked when Mr. Carroll talked to her and he replied he talked with her twice in November or December. Mr. and Mrs. Lloyd met with the Board at 8:30 P.M. The Chairman stated that the Board had done con- siderable thinking since Mrs. Lloyd talked with Mm and had invited Mr. Carroll and Mr. Woods to be present at this meeting. 353 Mrs. Lloyd said thatthis goes back to July when she first saw the surveyors and asked them about it. They told her it was for a proposed sewer line. They did not know exactly where it was going. She waited until October and, in the meantime, received opinions from the bank and Lexington realtors as to the effect it would have on the property. At that time she visited the engineer's office and asked where it was going. The man there showed her a map and said it was not going through her property at all and it was changed. A week later she again saw the surveyors with stakes and asked them about it. She was told it was going the same place they surveyed earlier. She said she told him they had no immediate plans for development but that would -be the use of the land in time to come. She said she had a plan made in 1948 which at this -point was of no use and was never registered. She was told the frontages had been changed and the man agreed to take that plan and possibly work out something and if agreeable, stagger the lines of the sewer with the lot lines. She then saw Mr. Burns but he had no plans at the time that she could look at. He did say she would receive a legal notice at the time from the town. She said she waited for a notice but never heard anything. The man started to cut down trees Friday morning and that is why she was at the meeting this evening. The Chairman asked if any trees had been cut since and she replied in the negative. Mr. Gayer saidt hat Mrs. Lloyd called him Friday morning and he told her he would try to get information over the weekend and call her today. The Chairman then told him that Mrs. Lloyd was coming in this evening. The Chairman said that Mrs. Lloyd did not see any advantage in the lotting plan that Whitman & Howard drew up but thought it better to let it go this way. Mrs. Lloyd said that, at that point, yes. The Chairman explained that there is a sewer to be put in and it has to go in ; to put it down the other side of the lot would have made the cost in astronomical figures. He said that the Board does not want to damage the land but the sewer has to go in and asked how it could be accomplished best. Mr. Lloyd asked if an easement had been taken and Mr. Stevens replied that it was signed last Monday. He recalled that there had been discussions with the Lloyds. Mr. Lloyd said that he wanted to see if some way, without expense to the town and disfigurement to his property, it could follow the stone bounds and then turn at right angles and follow the brook. At the time he told Mr. Burns he would give the land if those lines were followed, but he showed that it could not be done with the quick drop off at the brook. The Town did not % . f d 354 a notify him that the sewer was going through his property and it is going through twenty-four acres of good land. They left the trees with an agreement between them and the Golf Club to close it in and protect the golfers and themselves. He said the town has to build sewers but he felt it was a shame that he should have to bear the brunt of it. He said that the town is ready to dig and the contractor is a personal friend of his but a belt of trees at least 150 feet wide which was left there on purpose will be damaged. TheChairman said that, although the Board did have the legal right to do what has been done, it did seem that some notification should have been given to Mr. Lloyd. Mr. Lloyd explained that he has spent a lot of time and money on his property. The Chairman said that he thought everything was go- ing satisfactorily until Mrs. Lloyd spoke to him Friday. That was the first he or Mr. Gayer knew about it. He explained that the Board, has to delegate considerable work and thought everything was satisfactory. Mr. Lloyd asked about his house and swimming pool and said that there would have to be some blasting. He said he realized the insurance company would pay off any claims but they won't pay for the work he has done. Mr. Stevens asked if Mr. Lloyd felt there is some better route. Mr. Lloyd said that it came over through the golf links and turned at a 900 angle and then turned another 90° right to his property. He said he did not know how much it wod.ld cost to dig through the golf links and then it could come up in back of his property and go through the fields which would leave the belt of trees between his property and the golf links which makes a very nice barrier to his back yard. He said he realized it is a difficult job because of the topographical con- ditions. Mr. Stevens asked if Mr. Lloyd could show on the plan what he had in mind and he did so. Mr. Carroll explained that he did discuss the trees with Mrs. Lloyd and moved the easement toward the will. Mrs. Lloyd said that the intention of the workmen and Mr. Carroll' s were two different things. Mr. Carroll said that he has already left instruc- tions with the representative from Whitman & Howard to see Mrs. Lloyd before any trees are cut down. Mr. Lloyd asked how wide Mr. Carroll cut the belt of trees and he replied fifty feet. He explained that it may run wider on the town property. Mr. Lloyd said that it looks close to 100 feet and asked about the width of the area dug now on town prop- erty. He said it is deep and may be deeper. 355 Mr. Carroll explained that the contractor can't go outside the easement and if he does, he is liable for damages and he knows that. Mr. Carroll said that Mr. Lloyd pointed out the trees he wanted saved at the time. Mr. Wood referred to the plan and said that he pointed out this spot here and Mr. Lloyd said it was fine. Mrs. Lloyd said that there a lot of trees which she did not think were coming down. Mr. Carroll said he mentioned the trees in front down the line and Mrs. Lloyd said that was all right. He said that the trees at the wall will not be dis- turbed. The contractor has to stay within the easement and, as long as he has an easement to follow, Mr. Carroll can make sure he stays in it. Mr. Lloyd said he would feel better if the belt of trees could be saved. That would start off right, and if the town could move onto the golf links, it would be a start. Mr. Gayer said that, at the moment, he did not know if it could be done. Mr. Lloyd explained that he was asked by the golf club not to take these trees out. Mr. Gayer asked if it could be done, and he was not saying it could, what would Mr. Lloyd feel about down here (pointing out on plan) . Mrs. Lloyd said that they don't like it but the sewer has to go through. Mr. Stevens asked on what basis the Lloyds would be willing to grant an easement. He explained that the fifteen feet on either side is for a year only and that the land will be put back in the same condition, not in- cluding putting back the trees. Mr. Gayer asked what the Lloyds would be willing to go along with, providing something could be worked out. Mrs. Lloyd said that she does not believe they have any alternative. Mr. .Stevens explained that many times the town gets a grant for a sewer without paying for it because it benefits the land when it is developed, and the Board has to consider the amount of money involved. He asked on what basis the town could get a grant if the change was to be made. Mrs. Lloyd said that she would want to get someone' s advice. Mr. Stevens suggested that the Lloyds consider the matter and said that was a part of the economics of it. Mr. Lloyd asked if it would be possible to tie into this trunk line. sewer and Mr. Woods replied in the affirma- tive. 456 x The Chairman said that if and when Mr. Lloyd de- velops his back land into house lots by that time the regulations will probably be such that he must connect to the sewer. The Chairman said that the work would be stopped until such time as Mr. Gayer can investigate the possi- bility of going over here ( indicating on Plan) and will take no further steps until he has advised Mr. Lloyd. Mr. Stevens suggested that the Lloyds discuss the subject with their attorney, a real estate man or some- one who could tell them realistically what the damage would be. Mrs. Lloyd said that the bank told her they prefer not to have any part of property with an easement through it. Mr. Stevens explained that a house could not be built over a sewer easement. Mr. Lloyd said that they would give an easement along the property line. Mr. Stevens explained that the contours of the land do not permit it, and that is the way the Board would want to do it if possible. He asked if the Board could have a report for next week. Mr. Lloyd replied in the affirmative and said that he would check with someone. Mr. Stevens said that in the meantime the Town En- gineer will see that no further work is done. Mr. and Mrs. Lloyd, Messrs. Gayer, Carroll and Woods retired at 9:45 P.M. Mr. Stevens discussed votes for Town Meeting and agreed to meet with the Chairman Tuesday morning. Mr. Stevens retired at 9:t5 P.M. Red Cross Request was received from the Lexington •Chapter, thermometer Red Cross, for permission to erect a small Red Cross thermometer on Emery Park from March 7th through March 31st. Upon motion of Mr. Gay, seconded by Mr. Maloney, it was voted to grant the request. Letter was received from Mr. Edward E. Reid, 72 Tax title Pleasant Street, Cambridge, advising that he will pay property the sum of $1900, entertained by the Board, for lots 30 and 31 Hillcrest Street and asked the Board to ar- range for a Board of Appeals hearing. Tax title Letter was received from Ciccariallo, 1414 Skehan propei* y Street, Somerville offering $1600 for the same lots for the purpose of building a 1200 st . ft. ranch house. 357 Mr. Maloney said he told Mr. Ciocariello that the Board had set a price on those lots of much more than $1900 and he thought it was all right. Before taking any action on either offer, the Board would like an opportunity to discuss the subject with the Board of Appeals to find out whether or not a permit might be granted to build on these two lots. Upon motion of Mr. Gay, seconded by Mr. James, it was voted to sign a Sunday Movie License for the Lexington Theatre. The meeting adjourned at 10:00 P.M. A true record, Attest: Se e c tmZ-e-l-li I