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HomeMy WebLinkAbout1950-07-24-min 146 CO SELECTMENtS MEETING July 24, 1950 A regular meeting of the Board of Selectmen was held in the Selectments Room, Town Office Building, on Monday evening, July 24, 1950, at 7 :00 P. M. Chairman Emery, Messrs . Gay, Driscoll, Nickerson and Hoyt were present. The Clerk was also present. The Chairman read a letter from the American Legion Paper on behalf of the Lexington Drum and Bugle Corps, request- Dive ing permission to conduct a paper drive on Sunday, Sept- ember 10, 1950. Receipts will be used to pay for uniforms and instruments. Mr. Gay moved that the request be granted. Mr. Hoyt seconded the motion, and it was so voted. The Chairman read a letter from Mr. Carroll, Dawn Treasurer, relative to bids received on borrowings for School additions and remodelling of various schools. Borrowing Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to approve the bid of 101.345 with interest at 1 3/4% received from W. E. Hutton & Co. - Lyons & Shafto, Inc. Mr. Joseph H. DeFoe, Suptt. of Public Works, met with the Board, and reported on the possible construction of Cary Avenue. He said that 25 houses out of 28 have re- quested the construction of the street. He explained that no survey has been made but it would seem that the cost will be approximately $10 per foot. He said that the en- ti'e length of the street would have to be drained. Mr. DeFoe said that with all the work there is to be done, Cary both he and "urr. Burns are of the opinion that it will not Avenue be possible to have Cary Avenue accepted at a Fall Town Meeting. The Chairman asked if the petitions for acceptance of Aerial Street and Butler Avenue came in before Cary Avenue and Mr. DeFoe replied in the affirmative. The Chairman and Mr. Nickerson felt that possibly Cary Avenueshould be done before Aerial Street and Butler Avenue. The Chairman suggested the possibility of employ- ing outside engineering help and Mr. DeFoe agreed to dis- cuss the subject with Mr. Burns and report to the Board at the next meeting. Mr. DeFoe presented the contract for the con- Watson struction of Watson Road for the Board 's signatures Road and explained that Mr. Stevens, Town Counsel, had Contract looked at the contract before it was sent out. Mr. Signed DeFoe requested the Board 's signatures and said that he would show it to Mr. Stevens again. 147 Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to sign the contract between the Town of Lexington and The Dow Company for the construction of Watson Road. Mr. Stevens, Town Counsel, arrived at the meeting at 7:2) P. M. Mr. DeFoe reported that the lowest bid received for the construction of Sanitary Sewers on Sundry Streets (Pleasant, Fer•n, Bow, Fottler, Drew, Cummings and Cliffe ) was submitted by Richard Sundry White Sons, Inc. in the amount of 429,328.20. This Streets is $2,300 over the estimated amount but several Sewers hundred dollars have been saved on the Farmcrest job. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to award the contract to Richard White Sons, Inc. The Chairman informed Mr. DeFoe that he would like to see the percentage of signatures before any- thing further is done. Mr. DeFoe reported on the proposed drain in Massachusetts Avenue near Munroe Tavern, and ex- plained that it would be necessary to obtain an Mass. easement from Mr. Fisher. He said that Mr. Fisher Avenue is very willing to sign an easement. Drainage It was agreed that the Town Counsel should be requested to prepare the necessary easement and the Chairman suggested that the vote to start the pro- ject be held over until the next meeting of the Board. Mr. DeFoe requested the authorization to do the work so that it can be started as soon as the easement is signed. The Board agreed that the proposed drainage in Massachusetts Avenue could be started as soon as the easement is prepared and signed. Mr. DeFoe reported that the Town of Bedford would like the Board to consider the possibility of Bedford Bedford entering Lexington's sewerage system. re The members of the Board were of the opinion Sewer that this subject should be given careful study and the System Chairman told Mr. DeFoe that the Selectmen would be willing to call a special meeting to discuss the subject with the Bedford Board of Selectmen. Messrs . DeFoe and Stevens retired at 8:05 P. M. Mr. W. A. Ross of the Ross Dairy in Belmont, met with the Board. 148 He stated that he is in the milk business and has been experiencing a little difficulty with one of the men on the Board of Assessors, in Lexington. He said that when a person moved to Lexington or buys a home in Lexington this particular assessor, according to his foreman, uses influence to get his milk business by saying that he will take care of the assessed value of Complaint the property of these new-comers to Lexington. re Mr. Ross said that he had mentioned this to Assessor some men in Lexington who he has known for some time and it was their suggestion that he discuss the matter with the Selectmen. He explained that his company is willing to stand on its own merits but he did not think the methods being used should be allowed. Mr. Gay inquired as to the latest date such an incident occurred and Mr. Ross replied that it was about two weeks ago . He said that he has to take the word of his drivers, who work on commission, and it is always the same argument, that the assessment will be taken care of . Mr. Hoyt asked if this was a new experience to Mr. Ross and he replied that it is the first time to his knowledge that anything like it has happened. Mr. Driscoll asked if Mr. Ross had a route in Lexington now. He replied in the affirmative and said that he proposes to establish a second route. Mr. Gay inquired as to what section of the town 111/ was involved and Mr. Ross replied that he would have to find out from his delivery man. The Chairman said that the Board would look into the matter and asked Mr. Ross to check his records and advise the Board as to when the incidents occurred. Mr. Ross also agreed to ask his foreman for the names and addresses and also find out about a complaint Of last Wednesday. He retired at 8:15 P. M. and Ar. DeFoe returned to the meeting. -a Hearing was declared open upon the petition of the Boston Edison Co. and the New England Telephone & Tele- Pole graph Co. for the location of five jointly owned poles Location on Summer Street, southeasterly from Lowell Street. The abutters were notified and the locations approved by the Suptt. of Public Works and the Town Engineer. Mr. Trebino was the only person present and said that he wished -to be recorded in favor of the locations. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to approve the petition and sign the order. Hearing was declared open upon the petition of the Pole Boston Edison Company and the New England Telephone & Location Telegraph Co. for the removal and relocation of three jointly owned pales on Ledgelawn Avenue, westerly from Hillside Terrace. 149 The abutters were notified and the locations approved by the Suptt. of Public Works and the Town Engineer. No.persons were present in favor or in opposition. .Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to approve the petition and sign the order. Mr. 'frebino requested the installation of a street light to be located at his driveway and was advised Street by the Chairman that the Suptt. of Public Works would Light include his request on the list now on file for consider- ation at a later date. Mr. DeFoe reported on the request received by the Board from Mrs. Bullock for water service to her house Bullock at 34 Valley Road. He explained that the extension in- request for volves 180 feet of six inch pipe. water The Chairman suggested that Mr. DeFoe contact Mr. Bullock in an endeavor to see what arrangement can be made that will be mutually satisfactory and to report to the Board at the next meeting. Mr. DeFoe presented a sketch of the proposed sewer laterals in Bedford, Milk, Hill and Manning Streets Sewer and explained, that of the total assessable lots he laterals has 63.8 requested and 36.14 who have not asked for Bedford, Milk the sewer. Of 31 houses, 22 have signed and 9 have Manning Sts. not; total vacant lots 5 have signed and 5 have not. l Mr. Nickerson moved that the Suptt. of Public Works be authorized to have estimated assessment sheets pre- motion and it was so voted. Mr. DeFoe requested permission to award the weather Weather service contract for 1951 and explained that Weather Adz Contract visors with whom he has been doing business disorganized All members, with the exception of the president, re- organized and now operate as Weather Service, Inc. They are willing to take the present contract to the first of the year at no additional charge and will give the same ser- vice for the next year at, the same price of 6150. Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted to award the weather service contract for 1951 to Weather Service, Inc. Mr. John J. Garrity, Suptt. of Parks and Playgrounds, met with the Board, and reported that he had two boys from the State College send in 23 'samples taken from elm trees. Dutch Twenty-two came back and one was missing. They all have Elm Dutch elm disease and are rather large trees. He further Disease stated that out of nine samples sent in four were returned positive and fbur negative.. Four of these trees are no 150 a private property, four on Town property and one on State property. He said that there is no way of determining whether or not a tree is infected with Dutch Elm disease unless samples are sent to a laboratory and everyone recognizes that a diseased tree should be taken down as soon as possible. He reminded the Board that last year there were sixteen trees (seven n private property ) which were taken down and destroyed. He further calle the Board 's attention to the fact that there is a large infestation of the elm tree beetle from Marrett Road to the Arlington line. He said that these trees were, he thought, sprayed in time as advised by the laboratory and everything that could be done has been done. He said that he would like to cut down every tree that has Dutch elm disease. He said that the State has the authority to take the trees down and charge the Town 50% of the cost for trees on Town property and charge 25% for the trees on private property. However, he assured the Board that his Department can take the trees down for less than the State charge of 50%. Mr. Garrity explained that he would use the men in his maintenance crew and take them off pruning. 11Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to authorize Mr. Garrity to remove all trees infected with Dutch elm disease; the men in his Department maintenance crew to be taken off pruning. Mr. Garrity referred to the four elm trees on Mass- achusetts Avenue opposite Munroe Tavern and said that work should be done on them between now and the first of September if it is to be done this year, and he felt that this Trees on is something which should not be deferred until Spring. Mass. Ave. He recommended that the necessary money be taken Munroe from the Shade Tree appropriation with the expectation Tavern of a transfer to take care of the last three or four payrolls in December, or an additional appropriation be requested at the Fall Town Meeting. He said that he would like to remove the dead limbs and make an effort to save all four trees . He explained that this would cost approximately $500 and that he would secure bids. Mr. Driscoll moved that Mr. Garrity be authorized to secure bids for repairs which he believes are necessary to save these four trees. Mr. Gay seconded the motion, and it was so voted. Mr. Garrity reported on the damage done to a Town tree at 2380 Massachusetts Avenue and said that in his opinion the tree has been ruined. He recommended that 151 the owner of the property be given an opportunity to take it down if he wants to, but not to touch any other tree. The owner of the property could take it down at his expense or wait until Mr. Garrity' s men have time to remove it. He said that he de- finitely would not agree to a retaining wall being placed around the tree because it is not a safe tree and it cannot be guyed to any other tree. Mr. Hoyt asked how the property owner could remove a Town tree and Mr. Garrity said that he could have a competent man take it down and have him bonded. Mr. Garrity then suggested that the Town take the tree down and charge the cost to Mr. Maynard the owner of the property. Mr. Garrity retired at 9:20 P. M. Dr. John E. Murray, Tracy Ames and two other gentlemen were waiting in the Selectmen' s Office to discuss a drainage problem. However, inasmuch as no appointment had been requested, the Chairman asked Mr. DeFoe to discuss the matter with them. Chief John W. Rycroft met with the Board, at the Bq'fd 's request, and the Clerk left the meeting at the request of the Chairman. Mr. DeFoe and the Clerk returned to the meeting at 9:50 P. M. Mr. DeFoe requested the Board 's signatures on the contract between the Town and Peter Salvucci for sewer construction, Route 128. Upon motion of Mr. Gay, seconded by Mr. Driscoll Route 128 it was voted to sign the contract with the definite Sewer understanding that Mr.. DeFoe should submit it to Mr. Contract Stevens, Town Counsel, before giving a cony to the contractor. Mr. Eugene LaRose 's request for the extension of LaRosa a water main to service his house at 169 North Street Water was held over until the next meeting of the Board. The Chairman read a letter from Gordon Robinson requesting information relative to the purchase of Water 20:,000 water bills. Bills The whairman agreed to acknowledge the letter and asked Mr. 'eFoe to write to Mr. Robinson and explain the situation. Mr. DeFoe retired at 10:15 P . M. 152 cc The Chairman read a letter from the Chaiber of Commerce inquiring as to what has been done by Off the Town regarding a parking space extending along Street the railroad tracks in the rear of the stores. Parking He explained that he has instructed Town Counsel to prepare the necessary legal forms and forward them to Mr. Ballard. Tax Title Mr. Eugene Buckley's offer of 0100 for Lot A Property Grant Place was held over until the next meeting of the Board. The Board gave further consideration to Mr. John A. May's offer of 4200 for Lots 31, 32, 33 Tax Title Property and 34 Myrtle Street, Lexington. A proposal to sell these lots was advisertised in the July 13th issue of the Lexington Minute Man. No persons contacted the Selectmen's Office as a result of the advertisement. Mr. Gay moved that Lots 31, 32, 33 and 34 Myrtle Street be sold and conveyed to Mr. John A. May. Mr. Hoyt seconded the motion and it was so voted. The Board gave further consideration to Mr. Tax Title David L. Wilson's offer of $100 for Lots 110, 111, Property 112 and 113 on Bellflower Street. The Chairman reported that he and Mr. Nickerson had looked at these lots . The Board agreed to advise Mr. Wilson that an offer of $400 would be entertained. Letter was received from Mr. R. L. McQuillan Tax Title in reply to the Board 's price for Lots `l4 and 75 on Property Tower Road of $600. Mr. McQuillan stated that he would like to own the lots for protection and does not intend to build on them or sell them for speculation. He asked if the Board would consider selling them for $500. The Board agreed on this price and upon motion of Mr. Nickerson, seconded by Mr. Hoyt, it was voted to advertise a proposal to sell the lots in the Lex- ington Minute Man and that further consideration be given the offer at the next meeting of the BoErd. The Chairman read a letter from the law firm of Tax Title Richardson, Wolcott, Tyler and Fassett offering Property $25, on behalf of a client for Lot 118 Cary Avenue. The Clerk was instructed to refer the offer to the unofficial committee on tax title property. The Chairman read a letter from Mr. Walker, Town Accountant, suggesting that the following I axtion be taken on the street betterment assessment 153 levied against property on Grant Street owned by the Sachem Council Boy Scouts of America; 1. Vote to defer the Grant Street assessment under the provisions of Chapter 159 of the Acts of 1950. 2. Advise the Assessors, Sachem Council, Inc. Boy Scout Town Accountant and Mr. DeFoe of the above Street action. Assessment 3. As this must be taken up every three years authorize the Assessors to notify the Selectmen far enough in advance so the next deferment will be made in time. The Board agreed to follow the suggestions sub- mitted by Mr. Walker. Application was received from the Battle Green Chapter, Order of DeMolay, requesting permission to conduct a Degree and Ball in Cary Hall on the evening Use of Hall of October 13, 1950, from 7:00 P. M. to 1:00 A. M. Mr. Hoyt moved that the use of the hail be granted subject to a charge of 435.00. Mr. Driscoll seconded the motion and it was so voted. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to grant the following licenses: Licenses Lexington Theatre, Inc. Sunday Movies Countryside Associates, Inc. Sunday Golf Further consideration was given to Doctor Foley's request on behalf of the Lexington Band to conduct con- certs on either the Buckman Tavern Grounds or the Common. The Clerk reported to the Chairman that Chief Ry- Permit croft was in favor of having the concerts on the Common from a traffic angle, but Mr. Garrity preferred the Buckman Tavern grounds. It was the decision of the Board to authorize the use of the Common for the band concerts . Letter was received from John F . O' Connor, together with petition, relative to a Sunday Sales License for his ice cream stand at Five Forks . Sunday The Chairman suggested that Mr. Hoyt and Mr. Sales Gay analyze the petition which they agreed to do. petition The Chairman said that he would contact Alfred Tropeano, attorney for Mr. O'Connor, to find out whether or not Mr. O'Connor desired to have a public hearing called. Mr. Hoyt took the letter and petition. IIThe Board gave further consideration to the subject of Shoppers ' Haven conducting a business on Sunday. 154 an Shoppers ' Upon motion of Mr. Gay, seconded by Mr. Hoyt, it Haven was voted to authorize the Chairman to take this Sunday subject up with the Town Counsel and follow whatever Sales recommendation he makes. The meeting adjourned at 10:50 P. M. r eetinen. A true record, Attest :