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HomeMy WebLinkAbout1950-09-18-min 209 SELECTMEN'S P.WFTING September 18, 1950 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, September 18, 1950, at 7 :00 P. M. Chairman Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt were present. The Clerk was also present. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of two jurors. Mr. R. Ooman Savoy, technical advisor, 74 Simonds Jurors Road, and Charles M. Willis, architect, 21 Colony Road, were drawn. Mr. Carroll retired at 7 :00 P. M. and Mr. DeFoe, Supt . of Public Works, met with the Board. Mr. DeFoe reported that Sebastian Triconi of Wal- Coolidge tham was the low bidder on the Coolidge Avenue - Chapter Avenue 90 project and the State Department of Public Works Chapt. 90 recommend that the contract be awarded to the lowest bidder. He explained that there is not much to report from Dunn & Bradstreet. Mr. Triconi has been in busi- ness for twenty years, does work in the 48,000 to $20,000 bracket, and pays his bills. He said that from any in- formation he has been able to obtain he could not see any- thing that would justify not awarding the contract. The Chairman asked if Mr . DeFoe has seen enough of the plans to be convinced that no entry will be made on private property and he replied that he has seen enough of the cross sections to know that it will not be neces- sary. He said that he recommends awarding the contract to Triconi. The Chairman read a letter from the State Department of Public Works requesting the Board 's signature on three copies of the contract between the Town of Lexington and Triconi, for reconstructing a section of highway in the Town of Lexington on Collidge Avenue. The Chairman asked if Mr. DeFoe were sure that there is no question about slope easements and Mr. DeFoe replied in the affirmative. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to sign the contract. Letter was received from Thomas Sullivan, 5 Page Road, Bedford, stating that he is building a house in Sullivan re Bedford. The Town of Lexington's water main runs in quest for front of his land and he would like to connect with it water in because the Bedford water line is about one-half mile Bedford away and it will be two years at least before it is ex- tended to the Lexington line. 210 g Mr. Sullivan stated in his letter that the Town of Bedford would have no objection to such an arrange- ment whereby Lexington would bill Bedford and Bedford in turn would bill Mr. Sullivan. Mr. DeFoe explained that some time ago this re- quest came in and was discussed with Town Counsel. At that time it was decided not to furnish water to a Bed- ford resident. When Mr. Stevens, Town Counsel, met with the Board later in the vening the Chairman explained the situation to him, and he said that he would think about it. The Chairman asked if the Board wished to decidecon this question as a matter of policy. Mr. DeFoe said that if this request were granted un- doubtedly similar requests might be received. Mr. Hoyt said that he thought it was one of those things where the Board could judge each case separately and to take care of this individual' s problem would not cost the Town anything. He stated that he would have no objection but thought there should be some understanding with the Town of Bedford as to whether Bedford or Mr. Sullivan would be billed . Mr. DeFoe said that he thought the Town of Bedford should be billed. Mr. Gay suggested some temporary arrangement until Bedford extended its water main. Mr. Hoyt asked if this would be considered as an accommodation org ood business and Mr. DeFoe said that he thought it would be an accommodation. Mr. Nickerson questioned Mr. DeFoe ' s thought on the matter inasmuch as Lexington would be making money, and Mr. DeFoe said that Lexington would be making only about $12.00 a year. It was agreed to defer action until Mr. Stevens ad- vises the Board as to any possible legal angles. Mr. DeFoe reported on future delivery of cast iron Cast water pipe and explained that any orders placed now will not Iron be delivered this year. He stated that the price has in- Water creased and as a result of his letter to the New York Office Pi e of the Warren Pipe Company, Lexington will receive 4,000 p feet of 6" at the original price and 600 feet of 8". This will take care of the needs for the balance of the year. He suggested that a letter be written accepting the new prices with an escalator clause to the effect that at the time of delivery the price may be increased to a maximum of $5.00 a ten above the quoted price. He said that is necessary if Lexington is to be considered for delivery of the balance of the order and the Board agreed with the suggestion. Mr. DeFoe reported on the signatures received for the construction of Butler Avenue, including the in- stallation of a sewer main. He explained that for the 211 II sewer, he has three signatures out of ten, or 242% of the footage. ne Street, he has 11.67% of the signatures . Butler Ave. It was the unanimous opinion of the Board that Street Con- no further action should be taken inasmuch as the str. & Sewer percentage of signatures does not justify the con- struction of the street or the installation of the sewer. Mr. DeFoe reported further on the cost to re- pair the bridge over Vine Brook at Busats property. He explained that he had 'rreceived a price from Vine Brook Robert Custance of 41,0%6. for concrete, but he Bridge personally felt this to be too low. He s id that, conservatively, $3,000 is as low as he Nought it could be done. Considerable discussion was held on the matter and it was decided to defer decision until Mr. DeFoe has conferred again with Mr. Howard Custance. Mr. DeFoe informed the Board that insofar as Public Liability is concerned, with referFnce to the work on the Leery property on Waltham Street, the Town $roperty is covered. On rroperty Damage, which the Town does Damage Cover- not carry, there is a minimum price of 410; for $1,000 age 45 Waltham the rate is .194 per $100 payroll; for 5,000, the rate Street increased 25% per $100 and for $10,000, the rate in- creases 34%. Mr. DeFoe recommended Property Damage coverage in the amount of $10,000. It was agreed to authorize payment of $10,00 property damage covera,e in the amount of : 10,000 for the proposed work on the Leary property at 45 Waltham Street. Mr. DeFoe reported again on the Rycroft drainage situation at the rear of 2693 Massachusetts Avenue and prosented a sketch of the area involved. He said that Rycroft he has discussed the subject with Mr. raxton and also Drainage with Mr. Higgins of the Engineering Department. He said Complaint that he does not know of any way in which the Town con- tributes to the water on the Rycroft property. Mr. Stevens met with the Board at 7:40 and the Chairman explained the situation to him. Mr. Stevens said they if the Town •is not draining water into the land, it is not under any obligation to relieve the situation. Mr. DeFoe stated that Mrs. Rycroft claims that the Town put in the culvert and also built the drain, but there are no such records available. The Chairman reported that he had inspected the property and it is his impression that if the land were filled in there would be no further trouble. It was agreed that the Chairman should write to 212 "1:7 C Mr. Worthen, who had written to the Board inasmuch as the Savings Bank has a mortgage on the property, that from information obtained it appears that the Town has no moral or legal responsibility for the drainage situation. However, the Board would be willing to re- open the subject if any new facts are presented. DeFoesaidwould to have it on Mr. that he oul like record that he is recommending Mr. Burns as Superin- tendent of rublic Works to fill the vacancy caused by his (Mr. DeFoe ' s ) resignation. The Chairman read a letter from The Woodhaven Association requesting the installation of street lights on Woodcliffe Road and Normandy Road . Mr. DeFoe explained that it has been the policy Street not to act on any single request for street lights, Lights but wait until several have been submitted and then contact the Boston Edison Company and arrange a sur_ vey. He said that he does believe these two streets should have lights, but thought the matter could be considered some time in October or November. The Chairman instructed Mr. DeFoe to contact the Boston Edison Company and have a survey made. The Chairman read a letter from Anthony Ferrani, 66 MortonAvenue, Medford, requesting water service to lots on Leonard Road. Mr. DeFoe said that he would recommend placing Leonard this request on the waiting list and further stated Road water that he does not expect to receiveLpipe until October or November. It was agreed to advise Ivlr. Ferrari that, du$ to previous commitments and the lack of pipe, it is im- possible to make any promises as to when, if at all, water can be installed to service his lots on Leonard Road. The Chairman read a letter from Miss Bertini re- questing a hearing relative to the removal of the curb stone and an elm tree in front of her property at 1341 Elm Tree Massachusetts Avenue. at 1341 Mass. Memo was received to the effect that Mr. Garrity Avenue has the specifications for repairing the trees at this location re dy to mail. Mr. Stevens said that he would like to check the Shade Tree law to determine what is necessary insofar as sending out notices of a hearing is concerned. The Clerk 4as instructed to advise Mr. Garrity not to send out .ani specifications at this time. 213 Letter was received from Daniel J. O' Connell with Sullivan referEnce to water betterment assessment levied against Water Ass- the Sullivan property on Paul Revere Road. essment All correspondence from the Selectmen' s Files, to- gether with the original agreement signed in 1942, were taken by Mr. Stevens. Letter was received from Daniel ff. O' Connell with reference to Zoar Avenue. Zoar All correspondence from the Selectmen's files Avenue on this subject was also taken by Mr. Stevens. The Chairman read a letter from Dr. Anthony Colozzi in which he inquired about the removal of a tree which borders his land at 1444 Massachusetts Avenue. Dr. Colozzi Letter was received from Mr. Garrity stating inquiry re that the tree is on Rowland Avenue, an unaccepted tree removal street, and is therefore the Doctor 's responsibility. Mr. Garrity did not recommend doing any work on the tree because of the fact that there are many publicly owned trees that need attention. Mr. Stevens said that he would prefer to check the law on this subject before any answer is given to Dr. Colozzi 's inquiry. Letter was received from Antonio Busa offering 40X per length for damaged clay-tile pipe owned by the Town. Damaged Mr. DeFoe explained that the pipe costs about Pipe 45/ per foot and Mr. Busa is offering 13/ per foot and if there is any broken pipe that he wants, he would recommend selling it at his price. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to accept Mr. Buss' s offer and sell the brbken pipe. Executive Governor Dever 's Executive Ck7der No. 1 relative to Order the appointment of a Director of Civil Defense by the Civil Selectmen was received and given to Mr. Stevens. Defense He suggested that the Board give some thought to the appointment. Letter was received from George A. Maynard, to- gether with check in the amount of $70 to cover the cost Trees of removing the elm tree located at 2380 Massachusetts Avenue, damaged during the excavation for driveway to Mr. Maynard ' s new house. The Chairman read another letter from Mrs. Alice Smith, 19 Garfield Street, with reference to a dog which she claims is owned by Paul Franks, 82 Reed Street. 214 Upon motion of Mr. Gay, seconded by Mr. Nickerson, Dog it was voted, and hereby ordered Mr. Franks to restrain Restraining the dog until further notice. Order Mrs. Przyjemski ' s letter of August 30th with Scurto reference to the Scurto Building on Zoar Avenue was house-Zoar again held over. Avenue Mr. DeFoe retired at 8:30 P. M. At 8:40 P. M. the following residents of Grant Street met with the Board: John McKearney, Thomas Cavanaugh, Johannes Carlson, Edson Mabey and Angelo Bus a. Mr. McKearney said that this group was present tonight to ask about the betterment assessments on Grant Street. He said that the people who have lived on Grant Street for a number of years wanted the street constructed and asked for it many times . He stated that their complaint is not with this Board of Seleetr men, but their appeal is to this Board. They feel that the street is a public thoroughfare and is being Complaint used by every type of carrier known. He said that they re Grant St. feel the assessments as charged against them, after pay- Assessments ing taxes for so many years, is unjust and they would like the Selectmen to find a way to relieve them of a substantial amount of this burden. The Chairman said that there is no doubt the street is very widely used and asked if the group had anything definite in mind. Mr. McKearney said that they feel that anything above a 50% reduction would not be out of order. The Chairman explained that the Selectmen are trustees for the other taxpayers and what this group, as abutters, does not pay the taxpayers as a whole will have to pay. He said that it is a question as to what is a fair betterment to the properties and that he does not know the legal situation. The Chairman asked how many years they have re- ceived betterment assessments on their tax bills and Mr. McKearney replied that this is the first year. The Chairman said that the Board would give the matter careful thought and obtain all the information as to the legal situation. Messrs . Mabey, Cavanaugh, Carlson and Busa all said they concurred with the statements made by Mr. McKearney and had nothing further to add. The Chairman inquired as to how long these people had lived on Grant Street, and replies were received as follows : McKearney, 53 years; Mabey, 46 years; Cavanaugh, 40 years; Carlson, 27 years and Buse, 20 years. Mr. McKearney said that in one day he saw eleven disposal wagons, owned by the Town of Brookline, go by his property. He stated that every cement mixer, concrete mixer and all types of equipment used in the construction 215 of the new highway has gone over Grant Street. He said that the amount of traffic and the speed at which it travels is really dangerous, and that from 5 :20 until 5:30 he counted 31 vehicles going past his house. Mr. McKearney said that if the group is not satis- fied with the Board 's position in the matter, they will take it to the County Commissioners or the State. The group retired at 8:50 P. M. The Chairman asked if the Board has any legal right to abate any charges now and Mr. Stevens asked when the bills were committed. He agreed to give the Board an opinion. Mr. Stevens said that he had received a telephone call from Mrs . Rich, Clerk in the Accounting Department, Temporary and that she informed him that there is no one author Town ized to sign warrants. He stated that it would be neces- Accountant sary for the Board to appoint a temporary tows accountant. Upon motion duly made and seconded, it was voted to appoint Mrs . Ethel U Rich as Temporary Town Accountant, pursuant to the provisions of General Laws, Chapter 41, Section 40, effective immediately to hold such office and exercise the powers and perform the duties of the Town Accountant, subject to the pleasure of the Board. With reference to Mr. Cataldo 's letter relative to action taken by the Board on the sewer betterment assess- ment levied against his property on BoW Street, Mr. Cataldo Stevens suggested that the Board advise Mr. CEtaldo that the recent vote has been rescinded and the Board does not feel that it is justified in abating the entire assessment. Mr. Stevens agreed to compose the letter, and re- tired. The Clerk retired at 9:20 P. M. at the Chairman's request. A true record, Attest: )e/ eect -n. 216 cc 'Z7 7 On Wednesday, September 20th, the Clerk was informed by the Chairman that the Board had acted on the remain- ing items listed on the agenda as follows : Letter was received from Dzt. Cosgrove, Chairman of the Board of Health, requesting a transfer of $2,800 from the Reserve Fund to the Health Department - Expenses Account. A detailed explanation as to the necessity of Transfer the transfer was attached, and it indicated an outstand- Requested ing bill in the amount of $373.50 due the Middlesex County Sanitarium with a balance on hand of only $364. According to the Chairman the Board preferred not to request a transfer but to ask for additional funds at a Special Town Meeting to be held late in October. Letter was received from Mr. Collins, Welfare Agent, requesting a transfer of $3,000 from the Re- Transfer serve Fund to the Old ATe Assistance Account and Requested $3,000 for General Relief. The Board preferred to hold this over for the Special Town Meeting. No action was taken on the petition submitted by employees in the Town Office Building relative to Town the continuation of "skeleton forces" on Saturday morn- Offices ings during the winter months . The Chairman requested the Clerk to contact sur- rounding towns and inquire as to how the offices are maintained on Saturday mornings and bring the matter up again at the next meeting. Police Letter was received from the Chief of Police in- Officer forming the Board that Patrolman Joseph A. Belcastro recalled to has been recalled to active duty with the United States Navy Navy and must report for physical examination and duty on Saturday, September 30th. The correspondence on Theresa Avenue was placed Theresa on the agenda at the request of the Chairman but no Avenue action was taken. Application was received from the Lexington Choral Use of Society for the use of Cary Hall for a rehearsal on Hall December 16th and a concert on December 17th. Application was also received from the Society re- questing permission to use Cary Hall for a rehearsal on April 7, 1951, and a concert on April 8, 1951. The Clerk informed the Chairman that it has been the Boardtsplicy not to grant uses of the building so far in advance and that an oral request had been received by her for the use of the hall on April 8th for a Com- munion Breakfast to be held by the Sacred Heart Church. L 217 The Chairman instructed the Clerk to inform the Society that the two uses in December, 1950, were granted free of charge but that the Selectmen do not think it advisable to make any commitments so far in advance. Sunday Licenses filed by Lexington Theatre and Licenses Countryside Associates, Inc. for Sunday, September 24, 1950, were approved. Report of the Police Department for the month of August was received. Report Deed, prepared by Town Counsel, conveying Lot /X! Grant Street to Eugene Buckley was signed. Sign Deed Deed prepared by Town Counsel, conveying Lots 110-113 Bellflower Street to David Wilson was signed. Sign Deed Request from the Lexington High School for per- mission for the High School Band to parade from the Permit school to the rarker Field, on the days football games are scheduled, was granted. Joint petitions for pole locations on Harding Road, Robinson Road and Washington Street were again Pole Loca- held over. tion The Chairman instructed the Clerk to notify the App' t. Town Treasurer and the Town Accountant that Mr. William Sup't. of M, Burns has been appointed Sup + t. of Public Works, Public effective September 20, 1950, to fill the unexpired Works term caused by the resignation of Mr. DeFoe, at the same rate of pay received by Mr. DeFoe.