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HomeMy WebLinkAbout1950-11-06-min 259 SELECTMEN' S MEETING NOVEMBER 6, 1950 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, November 6, 1950 at 7 :00 P.M. Chairman Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt were present. Mr. Burns, Supt. of Public Works, and the Clerk were also present. At 7 :00 P.M. joint hearing was declared open upon the intention of the Board to lay out Cary Avenue from Middle Street to Shade Street, a distance of approxi- mately 1910.32 feet and Aerial Street from Daniels Street to Sutherland Road, a distance of approximately 539.41 feet. There were nine persons present. Notices of the hearing were served by Constable on all the property owners listed in the Assessors ! records as of January 1, 1950. The Chairman stated that the formal hearing was held as required by law to consider the matter of tke acceptance of Cary Avenue and Aerial Street, the sub- ject matter of which has been put in the warrant for the Town Meeting to be held November 27th. He explained that the plane and profiles, laid out on the Selectmen's table, prepared by the Town Engineer may be seen by anyone interested, and Aerial Street would be considered first. The Chairman said that all the property owners have signed a petition requesting the acceptance and he understood that every lot is built upon and there should be no question as whether or not the people desire to have the street constructed. He explained that the pavement is to be twenty-four feet wide which is the standard width the Town is now using. The street will be built of hot top, will have two courses of bituminous concrete surface and ten inch gravel compacted . All necessarydrainage will be installed, the shoulders at each sidelof the paved way are to be loamed and seeded, but unless there is violent objection there will be no sidewalks . Mr. burns mentioned the fact that Aerial Street now has concrete sidewalks on both sides of the 'street which will have to be repaired. He skid that if there is any chage in the grade atthe end, as there well may be, the sidewalk will be repaired because of the ex- 1 isting condition. GO 260 1,0 The Chairman informed the grogp that the Town will expectt o receive legal slope easements to be conveyed by the individual abutters as they may be needed at no cost to the Town. Mr. bugns said that he did not believe slope ease- ments would be necessary on Aerial Street. He explain- ed that the bEisis of the easements for all the streets constructed in the past four years has been to take the cost of the excavation of the surface of the street, plus one-half of the cost of whatever drainage is required. The total is divided by twice the length of the street to take care of any corners. He stated that the Town is required by law to f ile an estimated cost against each let. In most cases the estimate has been kept high on purpose because once the lien is recorded it cannot be increased. He explained that the high estimate is recorded to protect the Town and in no case this far has the actual cost been as high as the estimate. He stated that not knowing what is coming next year, the estimated cost will be $6.00 per running foot of frontage, but the actual charge will be figured after the street is built. He ex- plained that on the streets that have been constructed this year the same formula was used and the price figured out about $3 .50 per assessi.ble foot. However, this figure cannot be guaranteed, but the cost will not be more that $6.00. He said that the estimate is set at $6.00 a foot to cover any contingencies that , might arise, but that in most cases the charge will be less. The Chairman said that the construction will be done by private contractors and that the Board adver- tises for bids. He said that next year, when the work is done, the cost, he thought, would be higher than this year, but it will be something between 03.50 and $6.00 per fro}.t foot lot. The work will not be done this fall. The streets will be voted at the November Town Meeting and if accepted will be let out for bids in the Spring. The Board will either advertise or solicit bids from six or eight reputable contractors. He explained that open bidding has not proved too satisfactory. The hearing on Aerial Street was declared closed at 7;12 P.M. The Chairman then declared the hearing on Cary Avenue open and stated t hat the pavement is to be twenty-four feet wide, of bituminous concrete surface laid in two courses with a foundation ten inches of gravel compacted. All necessary drainage will be installed, shoulders will be loamed and seeded and there will be no didewalks asisuch. 261 He said that the sewer is not now available but the Board feels it advisable, if the street is constructed, to put in the sewer trunk at this time and also to put inthe sewer services to every lot as far as the so- called curbing off the pavement so that the street will not have to be dug up again. He stated that the cost Cary of the sewer trunk will be added to the cost of the Avenue street construction and should figure about 0.25 per running front foot. Mr. Burns explained that the lien would be recorded now. When the work has been completed, the abutters will be billed within six months from the date of completion. Mr. Ryder asked if the bills would be sent out when the sewer is actually available-for use and Mr. Burns explained that the law required billing six months after the work is completed. However, payment may be deferred until the sewer is connected up. The Chairman said that at some later date when the sewer is connected, there will be a sewer service connection charge so thatthere will be two sewer charges involved in this jab as well as the street construction job. There will also be water service connections to the vacant lots in order to avoid digging up the street once it is constructed. Mr. Ryder asked if the Town would assune any of the drainage cost and the Chairman replied that one- half of the cost would be assumed bythe 'own, He explained that costs next year may be higher than they have been and the cost on Cary Avenue will be between 40.00 and 'v6.00. The Chairman said that the Town Engineer informed the Board that at least six trees will have to be taken down regardless of how the road is laid out, and if excavation of the street discloses faulty roots there may be more. He stated that the stonewalls will also have to be taken down. The Chairman asked if there were any persons present who wished to be recorded as opposed to having the work done as explained at this hearing. No one expressed opposition. The hearing was declared closed at 7:35 P.M. and the group retired. Mr. Harold E. Stevens, Town counsel, met with the Board. Mr. Carroll, Town clerk, left the juror box with the Clerk of the Board and requested that ,,two jurors Jurors be drawn. Mr. Joseph H. Stoney, 15 Fern Street, was drawn for jury duty beginning December 4, 1950. Mr. William C. Woodward, 53 Dexter Road, was drawn for jury duty beginning December 4, 1950. 262 CC Contract in the anount of $5,043.35 for the construction of sidewalks on various locations, Sidewalks between the Town of Lexington and P.J. Joyce& Son, and approved by the Town Counsel, was signed by the Board d in triplicate. Mr. Burns requested permission to purchase 100 water meters and informed the Board that he had re- ceived quotations of $21.84 and $21.00. He said that delivery of one-half the order will b e made in Water meters two or three weeks and the balance should be re- ceived before the end of the year. He explained theat he ad_ l1 probabley use most of the meters this year. They will be charged to Water Maintenance and he has sufficient funds available. Upon motion of Mr. Hoyt,seconded by Mr. Nickerson, it was voted to autorize Mr. Burns to use his judgment in purchasing the meters . A general discussion was held relative to the street betterment assessments levied against prop- erties on Grant Street. Mr. Burns retired at 8:12 P.M. Mr. Daniel J. O'Connell, Mr. and Mrs. Scurto and one other individual met with the Board. Mr. O' Connell said that he has told the Scurtos they will have to comply with the Order of the Court, but there is nothing in the decree that says where they are to move the building. He said that one of the purposes in the Bill in Equity was to have the building moved from what is called a street. He stated that the Scurtos have acquired title to several lots next totheir own and if the decree is Scurto case as they understand it, they would like to move the building across the street. Mr. Stevens asked if they intend to clear the street or move the building back end Mr. O'Connell said that they would obey the decree. Mr. Stevens said that the domplaint in the Bill is for both Zoning and Building by-laws and if the building is not demolishedit will have to comply with the Building by-law. Mr. O' Connell said that the Scurtos will place the building wherever the Board wants it. Mr. Stevens said that the Board cannot tell them to put the building. They will have to obtain a building permit and file plans with the Building Inspector to s how that the building, as finally moved, will comply with the Building by-laws. 263 Mr. O'Connell said that his client is prepared to II do that. Mr. Stevens said that he does not think the Select- men enter this at all and it seemed to him that the Scurtos should file an application for a permit to put the building on a certain lot of land with plans that will show how the building is going to .be made to comply with the Building by-law. He said that there have been permits issued to do something but nothing has ever been done and unless definite action is taken he will have to go into Court. Mr. O'Connell said that he would have the Scurtos see the Building Inspector tomorrow. Mr. O' Connell and his clients retired at 8:16 P.M. Mr. Stevens said that hs-has been told by Mr. Roeder, Chairman of the Board of Fire Engineers, that Fire Depot. the spec if ications and contract for the purchase of a Pumper new pum er have been approved, and they request that the contract be signed. Upon motion of Mr. Hoyt, seconded by Mr. Nickerson it was voted to sign a contract in the amouht of $16,322 for the purchase of a Mack Type 93 1,000 gallon Triple Combination pumper. II Mr. Stevens reported that he hastalked with the head of the Division at the Department of Public ties with reference to the proposed bus route over Oak Street. All that is necessary is for the Board to grant the license in the usual form and have the information givento them, at the time of' the hearing, which Lhe Board and the Company has agreed upon. Nothing can be included in the certificate . stating that if it were not renewed at the expiration Oak Street of the trial period that the bus company would have Bus Route to give up the license. He said that the Board could ask the company to consent to a revocation at the end of a trial period if the buses were not to be operated. Mr. Stevens agreed to contact Mr. Turner, attorney for the Middlesex & Boston Street Railway Company and then dictate the license to the Clerk of the Board. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to rescind the vote passed on October 16, 1950 granting the Middlesex & Boston Street Railway Company a license to operate buses over Oak Street, Baker Avenue to Taft Avenue to Massachusetts Avenue, providing the Company will agree to consider the license defaulted if the service is discontinued. 264 cc 4z Mr. Gay then moved that the Middlesex & Boston Street Railway Company be granted a license for the operation of buses over Oak Street, Baker Avenue to Taft Avenue to Massachusetts Avenue. Mr. Driscoll seconded the motion, and it was so voted. Mr. Stevens is to arrange with the Department of Public Utilities for a trial period in which the Company will be required to provide adequate service. Mr. Stevens retired at 8:45 P.M. to meet with the Planning Board and Dr. Howard W. Foley, Chairman of the Recreation Committee, met with the Board. The following bids for the construdtion of a hockey rink were read by the Chairman: Hockey rink bids Ernest E. Outhet Material & Labor and set in place $850.00 Custance Brothers Nobid-too many previous commitments Gordon H. Osgood 843.75 Dr. Foley explained that there is only $600 available for this project and it was suggested that some of the boards stored at the Public Works Building could be utilized for the new rink. Dr. Foley retired to discuss the matter with his Committee. Petition was received from the Boston Edison Company for approval of a pole location on Woburn Pole location Street, approximately 400 feet west of Lowell Street. The plan was approved by Town Engineer. Mr. Gay moved that the petition be approved and the order signed. Mr. Hoyt seconded the motion, and it was so voted. The Chairman said that he would like to have the Boy Scout situation at the Barnes property settled . The Scouts are now paying $65 a month. They have the entire second floor of the ell, one or two rooms in the main house and also the use of the garage. He said he had asked Mr. Johnson, Scoutecutive, to to give some thought to this as the board felt the rent is nominal. Mr. Johnson said that they would Scout rental like tie use one stall in the garage and it can be done of Barnes without inconvenience tothe Town. They would also property like to have the use of the kitchen and pantry and will fix it up themselves if ,he Teen repairs the holes in the plaster, remove the sink and trap holes. The Scouts will pay $80 rent on that basis, and Mr. Johnson would like to know how the Board feels as he must submit his budget tothe Community Fund. 265 The Chairman said that it 'till cost about $50 to remove the plumbing and repair the holes and he would be inclined ,to accept the proposition with the under- standing that no lease will be issued, the use of the building is suOject totermination without notice and they will not block up the backstairs or the door between the kitchen and the dining.room. He said that he told Mr . Johnson the Board does not want any sighs on the building but a good looking rustic sign out at the sidewalk would be all right. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to increase the rent , now being paid by the Sachem Council Boy Scouts of America, to $80 per month, effective January 1, 1951. Applicationwas received from the Office of the Secretary of State, on behalf of N.C. Hubley, Jr. , Certificate 24 Ledgelawn Avenue, for a Certificate of Incorpor- of ation. Satisfactory character Deference was received Incorporation from the Chief of Police. Upon motion of Mr. Gay, seconded by Mr. Nicker- son, it was voted to approve the application. The Chairman read a letter from the Ap,ropriation Committee advising the Selectmen that a definite Transfer policy has been established relative to transfers and the following vote passed: That there be no transfers from current or prior appropriations to any other current accounts. Copy of a letter to Mr. Carroll from the Approp- riation Committee wss receitred. The letter stated that Mr. Frank D. Walker has been appointed to act al. Special special consultant for t he Appropriation Committee Consultant from September 15, 1950 for as long as the Committee to Approp. desires his services and such services will be paid Committee for from the Appropriation Committee Expense Account at the rate as determined by the Committee. Letter was received from Michael J. Crowley, 299 Newbury Street, Boston informing the Board Tax title that he is willing to pay $300, the ,.,rice entertained property by the board, for Lot 66, Section 2, Grapevine Avenue. Mr. Gay moved that a proposal tosell the lot be advertised in the Lexington Minute-Man end that furtLer consideration be givento the offer at the next meeting of the Board . Mr. Nickerson seconded the motion, and it was so voted. The Chairman read a letter from the Board of Assessors reporting on the work that has been done II so far this year and what will be done for the balance of the year. 266 Mr. Hoyt said that he is opposed to having an appraisal made by an outside concern, but that he would like to meet with the Board of Assessors and discuss the subject with them for an hour or so. The Chairman said that4t seems to him that it w uld be better to have the Chairman of the Board of Assessors and one or two representatives of the Taxpayef+s Association meet with the Selectmen at Assessors+ which time both groups could ask questions. He said Report that he thought the subject would be cleared up faster by a joint meeting. However Mr. Hoyt said that is what he would prefer to keep away from. The Chairman said that he wanted to give the Taxpayers the appearance that the Board of Selectmen has an open mind on the subject. Mr. Gay said that he is not convinced that an appraisal should be bade by an outside concern, and thatnhe thought the Assessors were capable of doing the work. Mr. Driscoll said that he does not agree with Mr. Hoyt or Mr. Gay and does not think the Assessors are doing enough work. He said that , in his opinion, three men cannot do enough work on a part-time basis, and he would like to have the entire Board of Assessors meet with the Selectmen to discuss the subject. Mr. Nickerson felt that a three way conference would develop into a harangue and the orderly pro- cedure would be to have the Assessors report more fully to the Selectmen and then the Selectmen could meet with representatives of the Taxpayers Association. The Chairman said that he had no objection and it was agreed to invite the board of Assessors to meet with the Selectmen next Monday evening. Letter was received from the American Legion A.L. Aux. Auxiliary requesting permission to erect a food booth 19th of April at the corner of Meriam Street and Massachusetts Food Booth Avenue on April 19, 1951. The Clerk was instructed to acknowledge the letter and advise the Auxiliary that the Board prefers not to make any commitment so far in advance. The Chairman read a letter from Edmund J. Costello App +went submitting his resignation as a member of the Board to Board of of Public Welfare due to the fact that he has moved Pub. Welfare to another community. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to appoint Mr. Frank Hunt, 1Belfry Terrace, to serve as a member of the Board of "Public Welfare for the unexpired term ending March 31, 1951. Upon motion of Mr. Hoyt, seconded by Mr. Nickerson Land it was voted to sign a deed, prepared by Town Counsel Conveyance conveying a certain parcel of land, located between land of Mr. Breslin and the present location of Mass. Avenue, to Warren F. Breslin. 267 Upon motion of Mr. Gay., secomded by Mr. Driscoll, it was voted to grant the following uses of halls, Richard F. Jackson Conference Room 4-H Club meeting V.F.W. Auxiliary " 'f Meeting The Clerk informed the Board that Mr. John J. Shaughnessy, a mover from Woburn, had requested per- mission to move Mr. May's Rouse from 77 Valley Road to Lots 31,32,33 and 34 on Myrtle Street. Mr. May's house must be moved as a result of the location of Route 128 and Mr. Shaughnessy is a bonded movtr. The Board had no objections. Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to approve and sign a Sunday Movies License for the Lexington Theatre, Inc. The Chairman reminded the Board that some decision should be made relative to the salary of the Clerk in the office of the Tax Collector. Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was noted to te!porarily increase Mrs. Tullar' s salary to $41.80 per week, from October 25, 1950 until the date a new Tax Collector is elected by the Town; an adjustment of pay for the interim period. The Chairman need a letter from Mr. Thomas, Director of Civil Defense, requesting the Board to make available a sum not exceeding $100 to be used for the purchase of certain supplies including stationery, envelopes and cards. Upon motion of Mr. Nickerson, seconded by Mr. Hoyt, it was voted to authorize Mr. Thomas to spend an amount no exceeding $ 100 for miscellaneous initial needs of the Civil Defense program. During the evening Mr. Potter, representing the Planning Board, came into the Selectmen' s meeting . relative to the possibility of the Town purchasing the so-called Sexton (Leary) property at the corner of Fletcher Avenue and Massachusetts Avenue. He explained that Mrs. Sexton, the present owner, is desirous of having this property zoned for business and if this occurs the purchase price will be higher than what it would be for residential property. The Board discussed the subject after Mr. Potter had left the meeting and the members of the Board were opposed to purchasing the property inasmuch as they felt that no satisfactory negotiations could be made. The meeting adjourned at 10:20 P.M . Atrue record, Attest: le , �IF1ec len.