HomeMy WebLinkAbout1950-07-10-min 134
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SFr,FCTMEN'S MEETING
July 10, 1950
A regular meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building, on
Monday evening, July 10, 1950 at 7 :00 P. M. Chairman
Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt were
present. The Clerk was also present.
Dr. Howard Foley, Chairman of the Recreation
Committee„ and Mr. Charles Allen, electrician, met
with the Board.
Doctor Foley explained thataome difficulty had
Lights for arisen relative to lighting the new toilet facilities
toilet building on the Center Playground. He said that the
building plans for lighting the building did not take into
consideration how to get the electricity from the
present system to the building.
This can be accomplished by having the wires
come almost to the building, to a pole, and stop
there. He said that his Committee is of the opinion
that it is best to see if some trade can be made
with the Boston Edison Company and put a cement post just over
the brook and run wires from there. This will
involve one pole.
Mr. DeFoe arrived at the meeting.
The Chairman asked if this problem was. one that
could be deferred until the next Board meeting and
Doctor Foley said that he understood the carpenters
would need the service.
The Chairman suggested, and the Board agreed,
that Doctor Foley confer with Mr. DeFoe and when an
agreement is reached as to the best way to handle
the subject Mr. DeFoe should contact the Chairman.
Mr. Allen said that the Boston Edison engineer
*,hought his company would install a light if the
Town is willing to pay for maintenance.
It was agreed that Doctor Foley would contact
Mr. DeFoe and the Board would make a formal request
for a street light .
Mr. Allen retired at 7 :15 P. M.
Doctor Foley reported that the Recreation
Committee had received a request from the Lexington
Band to conduct a series of concerts on the Buckman
Tavern Grounds or on the Common. They plan to give
one concert each week beginning the last week in
July and continuing until the 30th of August. He
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said that his Committee thinks it is an excellent
idea, but does not have jurisdiction over the Town
parks .
The Chairman asked what expense would be
involved and Doctor Foley replied that there would
be none except to supply the electric lights
necessary for the music.
Doctor Foley said that the members of the
Band feel that in so far as parking cars is concerned
the Common would be better than the Buckman Tavern
property.
The Chairman said that he would discuss this
subject with Mr. Garrity and the Board can go on
from there.
Doctor Foley also inquired about the Band
taking up a collection and the Chairman said that
the Board would let him know.
Doctor Foley retired at 7 :20 P. M.
The Chairman said that he would like to read
into the records a few comments. He stated that,
as the Board knows, Mr. Paxton, who is an expert,
was asked to give a report on streets and patching.
Mr. DeFoe has read the report and the members
have all read it. The technique as laid down
in this report is something that this Board of Patching
Selectmen, at least, wholly endorses . There are Streets
formulas and various operations in patching of
streets . He said they are not invariable, but in
general he thought they were a helpful guide. Also,
there is a procedure recommended for permanent
patching. The Chairman said that he knows this
Board is in agreement for the need of real care
and permanent patching and it is the impression
of members of the Board that the patches do not
have a good look and contribute nothing to the
appearance of the street. He said that he knows
that the Board feels it would like to see neat
patching done when the permanent job is done. He
explained that Mr. Paxton feels, on many occasions,
puddling is the best procedure and is recommended
before permanent patching is done. He said that this
Board, from what Mr. DeFoe has said, understands he
is doing more puddling than was done before and the
Board would like to have it on the record that
it thinks puddling should be done on every occasion
where in Mr. DeFoe ' s opinion and Mr. Burns ' opinion
a better result would be obtained. In cases where
they think it might be better, the Board wants ser-
ious consideration given to puddling.
The Chairman reported that he, Mr. DeFoe and Mr.
Burns went over in detail Mr. DeFoe 's and Mr. Paxton's
a
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lists and discussed every instance where there is a variation '
of opinion as to treatment. They then looked at
every one of the streets and agreed as to what treat-
ment would be given to the street. In some cases it is a less
expensive type of treatment than that recommended by
Mr. Paxton. They decided on what type of treatment
is to be given to the streets where there is a dis-
agreement. Mr. DeFoe has prepared a list of the
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treatment for each street and an approximate cost.
The Chairman said that he, personally, has prepared an
analysis of that treatment as compared with what Mr.
Paxton recommended and he will have a copy of the
analysis made for each member of the Board.
Mr. DeFoe reported on the sewer betterment
assessments for Somerset Road and explained that
Mr. Baskin's two lots and Mr. Coleman' s one lot
would absorb one-half of the entire cost . Mr.
Sewer Coleman' s assessment is $ 452.72, and he thought
Assessment this was high. Mr. DeFoe said that he asked him what
Somerset he thought he should pay and he felt that it should
Road be down to $200 or 4300. Mr. DeFoe advised him that
possibly something could be done about it and sug-
gested that he apply in writing for an abatement.
He reported that the assessment on one of Mr.
Baskin's lots is 4311.69 and the other is 4325.70.
Mr. Baskin feels that the assessment should be some
where down around 4200. He said that he explained
in detail how the assessments were figured and that
the subject had been discussed with the Board. Mr.
DeFoe said that he was advised by Mr. Stevens that
there is no reason why the Board cannot assess the
cost in whatever proportion the Board feels betterment
has occurred. He stated that in this case Mr. Stevens said
the Board could assess Baskin at a higher price than
Coleman inasmuch as Mr. Coleman has no need of the
sewer and might never need it.
Mr. Stevens arrived at the meeting at 7 :28 P. M.
The Chairman said that if the Board so chose
Mr. Baskin could be advised that the assessment as
outlined by Mr. DeFoe, should be levied against the
two owned by Mr. Baskin.
Mr. Stevens reported on the status of Reed Street
Reed St. insofar as it is connected with Mr. Jellis ' request
Jellis for the extension of a water main to service lots 5, 6
and 7, Block 91. He said that there is a portion of
Reed Street which apparently has never been accepted .
The Chairman asked if he thought it advisable to
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' extend the water and Mr . Stevens replied in the nega-
tive. He said that this is a problem that Mr. Jelliaf
attorney should solve.
The Chairman asked if the Board should secure
releases from the Meagher heirs before water is in-
stalled and Mr. Stevens replied in the affirmative.
It was agreed that Mr. DeFoe should contact Mr.
Jellis and advise him to have his attorney contact
Mr. Stevens.
Letter was received from George A . Maynard in- Damage to
forming the Board that while excavating for a drive- tree at
way at 2380 Massachusetts Avenue, damage was done to 2380 Mass .
the roots of a Town tree. He said that he thought the Avenue
damage had been to such an extent that the tree should
be removed.
Mr. DeFoe stated that Mr. Garrity has inspected
the tree and in his opinion it should be taken down
because the roots have been damaged. He said that
Mr. Maynard wanted to have a driveway into his garage
and in cutting down the bank he damaged the roots of
the tree. This was done without permission and before
the Public Works Department knew anyting about it.
Er. Nickerson asked if the tree could be saved
and Mr. DeFoe replied that Mr . Garrity has told him
that it should be taken down. Damage to
The Chairman said that it does not look as if tree
it is in a dangerous condition.
Mr. Nickerson suggested, and the Board agreed,
that each member of the Board look at the tree.
The Chairman was authorized to advise Mr. Maynard
that the Town may not take the tree down and further that
the Board is contemplating bringing action for damage.
Mr. DeFoe informed the Board that he has conferred
with Mr. Stevens relative to Salvucci 's bid and also dis-
cussed this sublject with the State. Sewer Con-
Upon motion of Mr. Gay, seconded by Mr. Driscoll, struction
it was voted to award Peter Salvucci the contract for Route 128
construction of the proposed sewer crossing Route 128
at Brook Street and the proposed sewer crossing Route
128 near Grove Street.
The Chairman read a letter from Mr. Carroll, Town
Clerk, informing the Board that a claim for damages has
been filed by Lawrence J. Barlow, 350 Sayles Street, Claim
Providence, Rhode Island . Mr. Barlow claimed that while
driving through Lexington on Friday, June 30th, a stone
from one of the town trucks hit his windshield and
cracked it. Mr. Stevens agreed to answer Mr. Barlow' s
claim.
sr. Stevens left the meeting at 8:05 P. M. and re-
turned later in the erening.
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det
Useful Life of Boiler. The Chairman reported that he
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had talked with Lester Andrews who has done most of the
repairing on the boiler in Cary Memorial Building. Mr.
Andrews claims that 25 years is a fair life for a
Boiler boiler and did say that apparently something happened
Cary Bldg. to the boiler in 1945. The janitor also admits that
something happened but is not quite sure how. According.
to Mr. Andrews it has not been possible to get the
spread back together and it will never be entirely
satsifactory. His feeling is that, regardless of what
happened, the boiler is not in good condition.
Mr. Hathaway said that it is a very drastic step
to recommend the replacement of a 25 year old boiler.
Replacement Parts . The Chairman stated that he talked
with the American Radiator Company and was informed that
this particular type of boiler has been discontinued
because it is too large a boiler to be profitable.
Sections can be made on order, and there will be a
delay of about ten days on parts . However, no guar-
antee will be given as to how many years parts will
be available. He said that Mr. Andrews, as a tax-
payer, felt that the boiler should be replaced be-
cause he feels that taking it down would be very
expensive and it would still not be a new boiler and
it is uncertain as to how long the replaced parts will
last.
Crafli ed Space. The Chairman said that he had talked with
Mr. limbail who claims that, in his opinion, there is
ample space for repairs .
Mr. Hathaway said that section 5 could not be
replaced without removing the first four.
Zone Control. The Chairman said that if it were thought
to be a good thing to do, from point of view of economy,
Mr. Kimball felt that further zoningcould be done at
some time and would not have to be done when a new
boiler is installed.
Mr. Hathaway agreed.
The Chairman explained that at the present time
there is a ceiling on the money available and zoning
could not be done.
Condition of System. The Chairman asked Mr. Hathaway
what he meant when he questioned whether or not the
system is operating as it was designed to operate.
Mr. Hathaway explained that if the traps on the
radiators are frozen, the system will not operate
efficiently.
The Chairman asked if the traps had ever been
checked and Mr. DeFoe replied that insofar as he
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U knew they have not.
Mr. Hathaway explained that they could be checked
in the summer as the system does not necessarily have
to be operating.
Mechanical vs. Hand Firing. The Chairman explained that
the Board has been told that a change could be made at
a later date. He said that both Mr. Hathaway and Mr.
Kimball agree that the boiler could be operated more
efficiently with mechanical firing.
#5 vs i6 Oil. The Chairman stated that there seems to
be two lines of thought insofar as oil vs coal is
concerned.
Mr. Hathaway said that #5 or #6 oil would be
more economical to operate than a stoker, and that
oil vs mechanical soft coal, heavy oil would be cheaper.
He said that he thought the Town would be better off with
heavy oil in this boiler.
Service Contract;. The Chairman agreed that this was
something for the Board to look into and Mr. Hathaway
explained that for about $50 per year the boiler could
be thoroughly vacuum cleaned and monthly reports sub-
mitted.
The Chairman said that the Board has been told
that the contemplated boiler has a greater capacity than
the one now in use and asked Mr. Hathaway if he had any
opinion relative to the boiler being considered.
Mr. Hathaway replied that he thought the capacity
of the new boiler was only slighter greater. He explained
that the gross capacity of the present boiler is 15,000
sq. ft. and the proposed boiler is 15,250 sq . ft. He
said that he does not know the net rating of the present
boiler.
The Chairman explained that, according to Mr.
Kimball, it is 12,000 sq . ft. and will be more efficient
with mechanical firing. Mr. Kimball also said that the
new boiler should be sufficient to carry most of the
load. Mr. Kimball did say, however, that if a third
building is constructed it would be necessary to operate
two boilers.
The Chairman said that it is now a question as
to whether it is feasible to gamble on the present boiler
or spend the extra money and install a new boiler.
Mr. Hathaway said that he would not like to see
a new boiler installed in the present cramped location.
The Chairman asked if Mr. Hathaway's company had
any opinion of the Kimball Company sheating engineers
and he replied that they had never heard of Mr. Kimball.
Mr. Hoyt asked Mr. Hathaway to outline the test
he mentioned that would not be too expensive but might
determine what the situation is here.
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Mr. Hathaway explained that it would be parallel
to the test made by the insurance company. If a fifteen
pound hydrostatic test were put on, the weak places
would be found.
Mr. Hathaway retired at 8:35 P. M.
The Chairmen reminded the Board that Mr. Kimball
is ready to send out specifications and request bids
and asked if the Board wanted to make any change.
Mr. Hoyt said that, if it were a fair question;
he would like to ask Mr. DeFoe what he thinks about
the boiler.
Mr. DeFoe replied that he is not an expert, but
Mr. Andrews thinks it should be replaced. He said that
the American Radiator Company expert, who has been
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with the company forty-five years, claims that repair's
are problematical and from what he has heard he believes
it would be a gamble to keep the present boiler.
Mr. Nickerson suggested, and the Board agreed,
that inasmuch as the plans are ready the the job be
put out and see what bids are submitted. If the
prices are too high, the contract does not have to
be awarded and Chandler can be consulted.
The Chairman read a letter from Mr. Walker, Town
Accountant, with reference to loans which should be
made for the school expenditures• now under way.
School Upon motion of Mr. Nickerson, seconded by Mr. Gay,
Loan it was voted to request the Town Treasurer to secure
bids so that the money authorized by vote of the Special
Town Meeting, June 1, 1950, under Articles 7 and '8 can
be borrowed and made available as soon as possible .
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Fire Mr. Harold Stevens, Town Counsel, returned to the
Engineers & meeting at 8:40 P. M. to discuss with the Board the sub-
Officer J. A.ject of the Board of Fire Engineers, and Attorney George
Russell McLaughlin's letter with reference to Officer John A.
Russell who is seeking appointment as Sergeant on the
Lexington Police force.
The Clerk was informed that it would not be necessary
to keep any record of the discussion. She and Mr. DeFoe
left the meeting at 8:45 P. M. and returned at 9:40 P. M.
The next item on Mr. DeFoe 's list was sick-leave
pay for William Mason and the Chairman explained that
he had instructed Mr. DeFoe to bring this subject up
again because of the fact that Mr. Mason had called him
several times and asked to have the Board consider his
request again. He said that Mr. Mason's son was involved
in an automobile accident several weeks ago and additional
141
expenses have been incurred . He asked Mr. DeFoe if he
had changed his opinion and Mr. DeFoe replied that
he is very sympathetic and believes Mr. Mason was
ill, but if he is paid, regardless of the fact that
he did not have a doctor 's certificate the policy
on sick leave pay will have to be changed. He
explained this by stating that all other men in
the Department have been required to furnish
certificates.
Mr. Nickerson asked if there is any possibility
of giving Mr. Mason extra work to surround the
situation.
Mr. Driscoll inquired as to the amount of money Mason
Mr. Mason lost and Mr. DeFoe replied that there were request
forty-five hours at 401.20 per hour. for sick
Mr. Hoyt asked if it could be made s-maxe a leave pay
matter of policy and pay him 5O%, and the Chairman
said that he would be agreeable to such an arrangement.
However, Mr. DeFoe still felt that the same arrangement
would have to apply to others.
Mr. Gay suggested that Mr. Mason be paid and have
it definitely understood by all that no one will be
paid in the future without presenting a doctor 's cert-
ificate.
Mr. Hoyt and Mr. Nickerson both felt that the
Board should support Mr. DeFoe ' s position.
Mr. Driscoll asked if the rules on this subject
were posted on the bulletin board at the Public Works
Building and Mr. DeFoe replied that when the policy
was first established a notice was posted. He said
that Mr. Mason knew the rules and admits that he was aware
of the fact that a doctor's certificate is required.
Mr. Hoyt said that he thought it would be
difficult to control the personnel if an exception
were made for one man.
The Chairman suggested that Mr. DeFoe advise Mr.
Mason that the policy can't be changed, but that
he may be given overtime work.
Mr. DeFoe said that Mr. Weisinger would not
like that but will have to do it if so instructed.
He agreed to discuss this with Mr. Weisinger to
determine whether or not there is any possibility
of extra work or having Mr. Mason work during his
vacation; receiving pay for working and for vacation.
Mr. DeFoe presented each member of the Board
with bids received on 3/4" Type K Copper tubing and
regbestdd permission to purchase 10,000 feet. He
explained that to date there have been 161 services Copper
and for the entire year of 1949 there wdre 265 ser- Tubing
' vices.
The Chairman inquired as to how much money is
involved, and Mr. DeFoe said that it would be about
$2,750.
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Mr. Hoyt said that, in view of present conditions, 11an order should be placed for 15,000 feet.
Upon motion of Mr. Hoyt, seconded by Mr. Gay,
it was voted to authorize Mr. DeFoe to purchase
15,000 feet of 3/4" Type K copper tubing from the
George A. Caldwell Co. at the quoted price of .276
per foot, 1% 10th prox. , providing delivery of
1,000 feet can be made immediately.
In the event the Company will not accept the
order with this provision, Mr. DeFoe is to contact the
Chairman of the Board .
The Chairman read a letter from Mrs. George A.
Bullock requesting an estimate of the cost of water
Water connections to her house at 34 Valley Road.
Reg. Valley Mr. DeFoe explained that this would mean a
Road new water main and agreed to report further on the subject
at the next meeting of the Board.
The Chairman read another letter ftom Mrs. Rose
Tree J. Doll, 151 Shade Street, with reference to her request
Removal for the removal of a tree.
Mr. DeFoe reported that the tree in question
is not in Mrs . Dollis driveway and as far as he is
concerned there is no need to remove the tree.
The Chairman asked if the members of the Board
desired to change their previous decision. The
Board did not see any compelling need to remove
the tree and the Chairman was authorized to advise
Mrs . Doll that the Board does not feel inclined
to grant her request.
Letter was received from Mr. Stevens, Tovm Counsel,
enclosing a copy of his letter to Allan E. Gifford,
Bids Executive Secretary to the Associated General
Contractors of Mass . Inc., relative to bid procedure
in the Town of Lexington.
The Chairman read a notice from the Massachusetts
Rent Selectmen'b Association with reference to proposed
Control bill on Rent Control. It was agreed that the Chairman
Bill should contact Representative Ferguson and Senator
Evans and have the Board recorded as opposing the bill.
Letter was received from Paul A. Hubbart, 22
Traffic Harding Road, referring to his conersation with the
Complaint Chairman relative to traffic at the junction of North
Hancock Street, Valley Road, Harding Road and Bedford
Street.
The Chairman said that he would request the
Chief of Police to give this area particular attention
during the construction of Route 128.
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The Chairman read a letter from Mr. Walker,
Town Accountant, with reference to Chapter 159
of the Acts of 1950, an Act relative to time for Boy Scout
payment of betterment assessments in the Town Assessment
of Lexington. Mr. Walker suggested deferring
payment of the Sachem Council Grant Street
betterment assessment under the provision of
this Act. The Board agreed to follow Mr. Walkerts
suggestion.
Mr. DeFoe retired at 10:25 P. M.
Letter was received from Arthur J. Pike,
Lexington Street, Burlington, requesting a permit
to move his house now located on Lexington Street, Permit to
Burlington, to 481 Lowell Street, Lexington. move Bldg.
The house is now located in the middle of the new
Route 128 and must be moved by July 22nd.
Mr. Hoyt moved that the permit be granted.
Mr. Gay seconded the motion and it was so voted.
Letter was received fron Clara L. Chapman,
Lexington Street, Burlington, requesting permit
to move her house to 549 Lowell Street, Lexington.
The house is now located where Route 128 is to
be located.
Mr. Gay moved that the permit be granted.
Mr. Hoyt seconded the motion and it was so voted.
Further consideration was given to Mr. John
Mayts offer to purchase Lots 31,32,33 and 34 Myrtle
Street. Tax Title
Mr. Gay moved that a proposal to sell the lot Property
be advertised in the Lexington Minute-Man and that
further consideration be given the offer at the
next meeting of the Board. Mr. Nickerson seconded
the motion, and it was so voted.
Further consideration was given to Mr. McQuillants Tax Title
offer of 4300 for lots 74 and 75 Tower Road. Property
The Chairman recommended that the Board entertain
an offer of 4300 for each lot (4600 for the two lots )
and the Board agreed.
A letter was received from David L. Wilson, Jr. , Tax Title
11 Hamblen Street, offering 4100 for Lots 110, 111, 112 Property
and 113 on Bellflower Street.
The unofficial committee on tax title property
recommended a price of 4250 inasmuch as there is water
in the street.
The Chairman suggested, and the Board agreed, that
the Selectmen should look at the lots before making any
decision.
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mt
Mr. Garrity's letter of June 16th with reference
to removing one tree and repairing three others on
Massachusetts Avenue, opposite Munroe Tavern, was
held over from the last meeting.
The Chairman said that Mr. Garrity had mentioned
taking money from special trust funds for this work
Trees and asked if this was something the Board thought
should be paid for by these funds.
Mr. Nickerson said that he thought if rnything
could be done to save the trees even for a short
period of time an attempt should be made.
The Chairman questioned using the trust funds
and it was agreed to insert an article in the warrant
for the Special Town Meeting in the Fall requesting
an appropriation.
Upon motion of Mr. Gay, seconded by Mr. Driscoll,
it was voted to grant the following licenses:
Licenses Countryside Associates, Inc. Sunday Golf
Lexington Theatre Sunday Movies
Chester Ludwig Peddler
Surety bond in the sum of $1,000 was received on
Constable's behalf of James F. Mowat as Constable in the Town of
Bond Lexington for a term expiring in March, 1950.
Mr. Gay moved that the bond be approved. Mr.
Driscoll seconded the motion, and it was so voted.
The Chairman read a letter from Eugene T.
Buckley, 22 Grant Street, offering *100 for a parcel of
Tax Title land, abutting his property, which has been foreclosed.
Property The Clerk was instructed to have the Town Engineer
prepare a sketch of the lot and bring it up at the
next meeting of the Board.
The meeting adjourned at 11:05 P. M.
e lecten.
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Items Settled with Mr. Emery - Monday - 24. 1950
A. Report on cost to illuminate Minute Man Statue
B. Request for blasting damage at 17 Boulder Road.
C. Request for street light at locker building.
Action Taken on Above Matters by Mr. Emery
A. Street lighting rate applies - A 500 watt light
equivalent to 10,000 lumens has been used at
a cost of $70.00 per year up to 1:00 P. M.
A 200 watt light is to be experimented with
(cost $35.00 ) per year. Mr. Emery advised
to use whatever wattage gives satisfactory
results.
B. Blasting caused damage to plaster when water
service was being installed for adjacent
property. Ownerts plasterer estimated 4162.00
to consider work. Mr. Dacey, who does work for
Town, estimated at least $100.00. Owneros
plasterer agreed to $125.00 which Mr. Emery
approved.
C. Mr. Emery approved. No cost to Town excepting
to pay light bill the same as for other street
lights.