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HomeMy WebLinkAbout1950-08-21-min 172 SELECTMEN'S MEETING I August 21, 1950 A regular meeting of the Board of Selectmen was held on Monday evening, August 21, 1950, at 7:00 P. M. The following members of the Board were present: Chairman Emery, Messrs . Driscoll, Nickerson and Hoyt. The Clerk was also present. At 7 :00 P. M. the Chairman read the notice of hearing upon the application of S. Arthur Peterson Gasoline for permission to maintain one underground tank for Hearing storage of 15,000 gallons of #6 oil on the premises located at 544 Lowell Street, Lexington. No persons were present in favor or in opposition. Mr. Hoyt moved that the application be approved and a license granted. Mr. Driscoll seconded the motion and it was so voted. At 7 :05 P. M. the Chairman read the notice of the hearing upon the application of Ivan G. Easton for Gasoline permission to maintain one underground tank for Hearing storage of 550 gallons of gasoline on the premises at 16 Winthrop Roed, Lexington. Mr. Easton was present and said that he had purchased the property and a permit had been issued to the previous owner. He merely wished to transfer it to his name. There was no opposition. Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted to approve the application. Hearing was declared open at 7 :10 P. M. upon the petition of the New England Telephone and Telegraph Company and the Boston Edison Company for a joint pole location on Hill Street, southerly from a point approximately 155 feet south of Diana Pole Lane, three (3 ) poles . Location The plan was approved by the Town Engineer and the abutters notified. No persons appeared in favor or in opposition. Mr. Driscoll moved that the petition be approved and the order signed. Mr. Hoyt seconded the motion and it was so voted. The hearing was declared closed at 7 :13 P. M. Hearing was declared open at 7:15 P. M. upon the petition of the New England Telephone and Telegraph Company and the Boston Edison Company for a joint pole location on Robinson Road, easterly from Grove Street, to set nine poles . There were present Mr. and Mrs. Merton 0. Baker, 82 First Street, Somerville, and Mr. William M. Burns, Town Engineer. 173 Mr. Baker stated that he was opposed to the poles being located on that side of the street and thought they might well be located on the opposite side of the street. He said he contemplated building a new home and thought the poles as they had been temporarily erected, were very unsightly. Mr. Burns explained that the poles were usually Pole set on the lot lines and would not interfere with any Location plans that Mr. Baker might have. The Chairman said that in his opinion the poles would be less noticeable if erected as shown on the plan than they would on the opposite side of the road and this was the opinion of the other members of the Board. Mr. Baker agreed to contact the representative of the Boston Edison Company and discuss his problem with them. Mr. Nickerson suggested that the decision be with- held for about two weeks and the other members of the Board approved this action. At 7 :25 P. M. Mr. Harold E. Stevens, Town Counsel, entered the meeting. A discussion of the water contract for Prospect Hill Road followed and Mr. Emery told the Board that he had been advised that Tony Melchianno had been able to secure a bond through the Continental Casualty Co . (Mr. Curtin) , and he had been the low bidder for this contract. The Chairman explained that he and Mr. Nickerson had checked this bid and had talked with Tony and inasmuch as only labor would have to be furnished by the contractor, the equipment to be hired, they felt that he could handle the job satisfactorily. Mr. Burns said that he had confidence that Tony could do the work. He had checked his three references and they were satisfactory. The Chairman asked Mr. Hoyt what his opinion was and he said he was willing to go along with the Chairman and Mr. Nickerson, and also Mr. Burns . Mr. Burns stated that he wanted it understood that he did not know whether or not there was any connection between, Tony and Raimo. Mr. Hoyt asked if it was discouraging men like Mr. Brox in bidding when a contract was always awarded to the low bidder, such as in this instance when the fin- ancial background was limited . The Chairman and Mr. Burns agreed that Mr. Brox was perfectly satisfied with the way the contracts had been awarded . The Chairman asked Mr. Driscoll for his opinion and he replied that he did not like this kind of com- petition, and he egreed with Mr . Hoyt that it might dis- 174 courage receiving bids from other contractors . Mr. Driscoll said he would go along with the Chairman and Mr. Nickerson on this particular contract but he did not approve it as a general practice. Mr. Emery asked Mr. Stevens if there was any legal angle involved in it and Mr. Stevens replied in the negative. A lengthy discussion followed as Prospect to the ability of Tony to do the work and the amount Hill Road of cash available by him. Water Con- Mr. Driscoll asked what would happen if Tony tract were unable to complete the job and Mr. Burns re- plied that his two brothers worked for him and one of them would be capable of taking over. Mr. Driscoll explained that one could not compete against that type of person inasmuch as he could pay the other employees and ask his brothers to wait. The ordinary contractor could not do this . Mr. Driscoll quest- ioned whether or not he would carry insurance and Mr. Stevens replied in the affirmative. Mr. Nickerson moved that the contract be awarded to A. Mechianno and Mr. Hoyt seconded the motion. Mr. Driscoll saidthat he had expressed his viewpoint but would go along with the rest of the Board. The Chairman asked Mr. Burns if he had con- fidence that Tony would work with him and Mr. Burns said he thought Tony would try. A further discussion followed as to the ready cash Tony would have to meet payrolls . Mr. Nickerson then made his motion contingent upon the basis that Tony produce the 3,000 which he says is available for payroll purposes. It was decided to ask Tony to show the 0,000 and Mr. Stevens suggested that an arrangement be made, possibly with the bonding company, to-have them hold the amount to assure the town that the payrolls would be met as agreed. Mr. Driscoll stated that he wished to be recorded as opposed to the motion. Mr. Burns reported on the Somerset Road sewer Approve request. Signatures had been obtained from 75% of Somerset the ownera and 67% of the houses. The Board was in Road Sewer agreement that this sewer construction be approved. Mr. Stevens presented a certificate of entry on Cert. of Watson Road for the signature of the Board . All Entry copies were retained by the Town Counsel. Mr. Stevens reported that he had received a letter Hayward from Judge Northrup in behalf of one Hayward. Mr. Claim Stevens stated that the property was not owned by Hayward at the time the land was taken and would suggest compromising on this case on a small basis 175 only in order to avoid the expense of a trial. It was recommended that the Town Counsel consu.i.t further with Judge Northrup before any definite action is taken. Mr . Stevens reported that hehad talked with Mrs . Sexton and had drawn an agreement to be signed by Mrs . Leary et al. Mrs . Sexton requested that another drive- Leary way should be put in and wanted a definite date as to Claim when the work would be done. The Board agreed to do the work on the driveway and approved the contract to be sent for signatures; the work to be done by October 10th if the contract is completed and returned by August 31st. A motion was made by Mr. Hoyt, seconded by Mr. Driscoll, to accept the bid of Fred Williams, Inc. Contract for in the amount of $7,242.00 for the installation of New Boiler a new boiler in Cary Memorial Building. Cary S:emor- The contract was signed end was taken by Mr. ial Building Stevens. He advised the Board that the plans had not been submited with the specifications and con- tract. A letter was read from Thomas Napoli concerning Napoli the abatement of interest on his deferred water better- Interest ment assessment. The Chairman agreed to write Mr. Abatement Napoli and ex,lain that a vote would be prepared by Town Counsel and voted on August 28th to abate the interest charges and that no further charges would .be made until the land has been sold, built upon, or ung til he makes use of the facilities; whichever event first occurs . A memorandum was also refd by the Chairman re- Cataldo ferring to the sewer betterment interest charges Sewer against Ciriaco Cataldo. The Chairman agreed to write Betterment Mr. Cataldo and explain that a vote would be Abate- paredpre- by the Turn Counsel to abate the interest Int.charges and that no further charges would be made ment until such time as the land has been sold, built upon, or the facilities used; whichever event first occurs . Mr. Stevens presented a deed for the signature Sign Deed to of the members of the Board to the Boston Edison Com- Boston pany for certain land on Garwood Avenue and on the Edison Co. corner thereof and Bedford Street. (Copy of deed on file in the Selectmen' s Office - Deeds 1950 File ) A copy was also given to Mr. James J. Carroll, Town Clerk and the original taken by Mr. Stevens, Town Counsel 176 an mt At 8:55 P . M. Mr. Frank D. Walker met with the 111 Board at the request of the Chairman to discuss de- Record of ferred assessments . It was decided that notice of abatements deferment should be sent to the Sup't of Public Works, Assessors, Town Accountant and the peti- tioner for the abatement. It would be a lien against the property and in this way would be on file in the Tax Collector 's Office. After a short recess Mr. Cosmos Debonis, 5 High Street, Medford, met with the Board. He explained that he had acquired a section of the Wheeler Estate, approximately 120 lots and the first eleven lots front on Lowell Street. He had intended to start building in the rear but due to the general conditions of the country he has changed his plans and would like to start on those lots facing Lowell Street. It is his understanding that a portion of Lowell Street is to be taken by the Town of Lexington to widen the road and he said that he would be willing to sign the necessary papers and give the land to the town, at no cost, if they would take it at this time and make it possible for him to go ahead with his plans. At 9:10 P. M. Mr. DeBonis left the meeting and Mr. Burns explained that a vote of town meeting had authorized this taking and he would like to see it done at this time. There would be no money in- volved and Town Meeting had not provided any funds therefor. He explained that the amount of money needed to do the work by the Town would be com- paratively small and as the land was now in the Land name of one owner it would not be necessary to Taking obtain slope easements, etc. at some later date. Lowell Mr. Hoyt felt that there was money now in Street Highway Maintenance which might be used and at a later Town Meeting if it was necessary to secure more money an explanation could be given as to why this work had been unexpectedly done. Mr. Nickerson moved that the land be taken at this time and the work done as suggested by Mr. Burns Mr. Hoyt and Mr. Driscoll both approved the motion and it was so voted. Mr. Debonis was advised of the action of the Board and Mr. Stevens was requested to take care of the legal papers necessary in order that the work might be done promptly. At 9 :15 P. M. Mr. William Spiers, representing the Pleasant Associates, met with the Board. He ex- plained that he had purchased the Harvey C. Wheeler Estate 177 111 and was interested in the development of the road connecting Winchester and Lexington. The County Commissioners advised him that several years ago the Town had filed a petition requesting the layout of a public way, but this petition was now of no use. He presented a new petition and asked if the Board would consider this project and if in favor of it he would like to have the petition as presented Petition by him in blank, completed and filed with the County County Way Commissioners. Mr. Alan Adams of the Planning Board was present and Mr. Emery explained that this would be referred to the Planning Board for their suggestions and recommendations. As soon as a reply is received from this Board Mr. Spiers would be notified of the action to be taken by the Town of Lexington. Mr. Spiers and Air. Adams retired at 9:20 P. M. Mr. Burns and Mr. Stevens also left the meeting. At 9:20 Mr. Walker, Town Accountant : Mr. Howard Patterson, Chairman of the Appropriation Committee; Mr. Raymond James and Mr. Clarence Smith met with the Board. Mr. Emery explained that he and Mr. Nickerson had met with the Appropriation Committee and had discussed the Barnes property repairs in detail. They had been in accord as to the work already done . However, since that time further thought had been given to the project and the Chairman had secured an estimate for having the garage put in condition. This would be 0196.00. He asked if the Appropriation Committee would have any objections if the Board accepted this bid, have the work done, and ordered Barnes some more small pane windows and shutters to com- Property plete the job. He explained that it would cost about 0600 to remove the building and the cost of repairs would only be a little less than 0200. Mr. Patterson said that the Appropriation Committee felt that the building might be used for storage purposes particularly as more office space may be needed for Civilian Defense Work. The members present from the Appropriation Committee were willing to go along with the suggestion made by Mr. Emery and have Custance Bros. do the additional work and get the building ready for the painter at an additional cost of 0196.00 The Chairman read a letter from Frank D. Walker, Town Accountant, giving further information concerning his return to the U. S. Army. Mr. Walker is now on duty at Camp Devens but advised the Board that he would not take his physical examination until August 29th and if he passed he would be activated on Sept- 178 co ember 4th. In his letter he requested a military leave of absence to commence September 14, 1950. Mr. Walker explained that during the summer months the work decreases in the Accounting Department and at the present time all work has been completed through December. At this time, it would be necessary for the clerks to do the regular routine work each week. Later in the year it will become busier and he suggested that a part-time clerk be employed to F. D. assist them. Walker The question was raised as to whether or not Military it would be possible to obtain a clerk whose work Leave would be satisfactory on a part-time basis and Mr. Walker said he thought it could be done. He also suggested the appointment of Mrs . Ethel Rich as Assistant Town Accountant to give her authority to sign warrants. He said that it would necessitate an increase in pay for both clerks in his Department if these suggestions were carried out. Mr. Walker said that he was now at the Town Office Building evenings and would continue this practice until September 14th. After that time he would be gald to assist and answer any questions that might arise whenever possible. Mr. Patterson said that the Appropriation Committee had in mind arranging their meetins during the Budget Season so that Mr. Walker might attend and that payment for such service could be on an expense basis. Mr. Walker explained that he would be willing to come at any time and would give all the assistance he could if he continues to be stationed at Camp Devens. The Chairman asked if the members of the Board had any questions and they had none. The Chairman then suggested that this matter be held over for further discussion after August 29th at Which time Mr. Walker 's status would have been definitely determined. Messrs . Walker, Patterson, James and Smith retired at 9 :55 P. M. and Mr. Burns returned to the meeting. Water The Chairman read a letter from W. H. Sullivan, Request 160 Union Street, Leominster, Mass. , requesting Milk St. water installation on Mi11 Street, off Hill Street, as far as Lots 7 and 8. Mr. Burns presented a sketch showing the proposed installation and the probable cost of $1500 or $1700, and suggested that this item be included in the 1951 budget. It was agreed that the Chairman should write Mr. Sullivan and advise him that due to prior commit- 179 ments for water no action would be taken at this time; however, this would be discussed again when the 1951 budgets are being considered. Mr. Burns explained that there was a waiting period on the delivery of pipe of sixteen to eighteen weeks. He stated that pipe was available Order for all the work now planned but nothing on hand Pipe for work which might now be requested. A motion was made by Mr. Hoyt, seconded by Mr. Driscoll, to authorize Mr. Burns and Mr. Emery to place an order for pipe with a delivery date of approxi- mately four months . Mr. Burns explained that there was a brook running from Spring Street through the lots to Grassland Street which needed to be cleaned out. He said the water was not running off and needed Brook attention. The approximate cost would be $600. Grassland The Board authorized Mr. Burns to proceed Street with this work and have the brook cleaned. Mr. Burns reported that he had a request from Mr. Sousa for a water main on Winter Street. Water His house was nearing completion and he would Request like the water put in. WinterStreet The Board agreed that Mr. Burns should acknowledge the request and advise Mr. Sousa that this would be put on the waiting list, and the work would probably be included in the 1951 budget. A letter of complaint was read from Carmine Claim Massimilla, 108 Bow Btreet, relative to damage to a For Damages fence and retaiihing wall at the rear 9f his pro- perty on Albermarle Avenue, during the sewer con- struction. Mr. Burns said there had been some damage to the wall for which the town was responsible . The Board authorized Mr . Burns to talk with Mr. Massimilla and tell him it would be taken care of . The Chairman read a letter from Robert G. Allen, Claim for 253 Bedford Street, stating that there had been damage Damage to his property by the town during construction work, Mr. Burns was authorized to contact Mr. Allen and endeavor to see that matters are settled to his satisfaction. The Chairman read a petition signed by twenty- one residents asking that the town consider the acceptance of Bartlett Avenue, Arcola Street and 180 con qgt Street Pearl Street. The Town Engineer was instructed to Acceptance review the engineering situation for these three requested streets and prepare an estimate for the cost of construction to be sent to the petitioners . A letter was read from Walter S. Harrington and Clifford U. Boggs requesting consideration of a water service to Lots 4, 5 6 and 10 as shown on Park Heights Water re- Plan No. 1 on Winter Street. quested The Chairman agreed to write the petitioners Winter St. and advise them that the Board do not feel that conditions are any more favorable for this installation now than they were in March when it was previously requested. the situation regarding the supply of water pipe is more critical than it was before and the requests for water extensions have increased rather than decreased in localities where the Board feels priority should be given. Mrs. Flaherty left the meeting at 10:30 P. M. and Mr. Donald E. Nickerson served as Clerk for the remainder of the meeting. A request was received from John Shaughnessy for permission to move a house from the Route 128 Permit at Route 2A to the corner of Massachusetts Avenue, Held Over onWood Street (owned by Toros H. Iashian) . The Clerk was instructed to advise Mr. Shaugh- nessy that the Board wished to check further with the Building Inspector and that further consideration would be given this on August 28th. The Chairman stated that Shopper's Haven wished Sunday to have the Board reconsider the revocation of their Sales Sunday Sales License. It was agreed that the Chairman License would request Mr. Stevens to advise the attorney for Shopper's Haven to reiterate their request after November 1, 1950, at which time the Board would give it their consideration. It was moved and seconded that the partial release as prepared by the Town Counsel for water assessment on Property on Westview Street in the amount of X63.14 be signed and executed. A memorandum was read to the effect. that Mr. Tax Ralph L. Santos, 108A Beacon St. , Somerville, had Abatement received a tax bill for property which had been sold to the town. Upon motion duly made and seconded it was voted to authorize the Assessors Department to abate the tax on the land formerly owned by 18I Ralph Santos on Marrett Road and Grapevine Avenue, in accordance with deed by them to the Town dated Jan. 16, 1950. The Chairman read a letter from Mr. James J. Vacation Carroll, Town Clerk, referring to the Report of Pay 1941 as to vacations, wages and salaries. Mr. Carroll made this report in connection with two weeks vacation pay for a clerk in the Assessor's Office. The 1942 report directed the Selectmen to adhere to the report submitted on vacation pay as far as was practical. Ther, was some doubt about this according to Mr. Hoyt. It was agreed to advise Mr. Carroll that the Departments should adhere to one week for employees from six months to a year, and two weeks for over one year. A letter was read from Harold E. Roeder, Chairman Fire Eng.- of the Board of Fire Engineers, stating that there rex radio was work to be done on the radios which had been equipment installed in their apparatus in April by the Link Company. Repeated requests had failed to bring a response and the Fire Engineers would like to have the Board of Selectmen contact the Link Com- pany to see if this work could be completed . The Chairman agreed to write the Link Com- pany and ask why this work had not been done and when the Town might expect that it would be com- pletep. The Chairman advised the Board that he had Request received a request from Chief John W. Rycroft con- from Chief cerning the bridge on the new Route 128 at Mass- re: bridge achusetts Avenue. A letter was written by Mr. Emery to the Commonwealth and it was being given their attention. A letter was received from F. D. Sabin, District Highway Engineer, asking if the use of the Middle- Request from sex and Boston Street Railway building for State State re: Public Works purposes would conflict with our present, M & B or as it may be changed in the near future , zoning laws . Bldg. The Chairman was authorized to acknowledge this letter and to refer the letter from the State to the Town Counsel and the Planning Board for their advice. An invitation from the Boston Naval ShipyErd to attend the civic celebration to be held on Friday Invitation evening, August 25th, on the Esplanade in Boston, was read and placed on file. 182 A letter was read from the Selectmen of the Town County Way - of Winchester with refer€.nce to the Johnson noad Johnson Rd. project in anticipation of its construction as a County Way. The Board voted to refer this letter to the Planning Board and advise the Winchester Board of Selectmen of their action. A letter was received from the Recreation Playground Director Lawrence H. Bramhall extending an in- Activity vitation to the Board to attend the closing exercises of the playground season. The Chairman was authorized to acknowledge the letter and request Mr. Gay, if possible, to attend this function. Further consideration was given to an offer of $350.00 for lots 110, 111, 112 and 113, inclusive, on Tax Title Bellflower Street by David L. Wilson, Jr. Property A notice of the offer was advertised in the August 17, 1950, issue of the Lexington Minute ian. No persons contacted the Selectmen's Office as the result of the advertisement. Upon motion duly made and seconded it was voted to sell and convey Lots 110, 111, 112 and 113 on Bellflower Street to Mr. David L. ilson for $350. Further consideration was given to an offer of $100 for Lot A grant Street, Lexington by Eugene T. Tax Title Buckley. A notice of the offer was advertised in Property the August 17, 1950, issue of the Lexington Minute- Man. No persons contacted the Selectmen's Office as the reuult of the advertiseipent. Upon motion duly made and seconded it was voted to sell and convey Lot A. Grant Street to Mr. lugene T. Buckley for $110. Upon motion made by Mr. Driscoll and seconded by Mr. Hoyt it was voted to approve the figure of $196.00 submitted by Custance Brothers for work on the garage at the Barnes Property. The board discussed further the request of the Lexington Arts and Crafts Society concerning the use Permit of the Buckman Tavern grounds for certain outdoor displays . The Lexington Historical Society had no objections to these uses. The Board voted to approve the use of the Buckman Tavern grounds by the Society and request them to advise the Selectmen of the dates for which the permits are to be issued. An application from Edward E. Abell for the use of Estabrook Hall on Spptember 11, 1950, from 7 :00 to 10:00 P. M. for the Lexington Boy's Club was considered. 183 ' Upon motion duly moved and seconded it was voted Use of Hall to approve the use of the hall free of charge. Upon motion duly made and seconded it was voted to Licenses approve the following licenses : Countryside Associates, Inc. Lowell St. Sunday Golf Lexington Theatre, Inc. 1794 Mass. Ave. Sunday Movies Upon motion duly made and seconded it was voted Sewer to sign sewer orders for Outlook Drive, Fair Oaks Drive Orders and Marrett Road: (Orders on File in Selectmen's Office - Sewer Orders - 1950) . �T Acti g Clerk, Selectme . 4 U