Loading...
HomeMy WebLinkAbout1950-06-26-min 128 SELECTMEN'S MEETING June 26, 1950 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, June 26, 1950, at 7:00 P. M. Chairman Pinery, Messrs. Nickerson, Driscoll, Gay and Hoyt were present. The Clerk was also present. Mr. DeFoe, Supt. of Public Works, Mr. Burns, Town Engineer, Mr. Peter Salvucci and two representa- tives of The Dow Company met with the Board for the opening of bids for the construction of Watson Road and the trunk sewer - Route 128. Only one bid was received on each project. Sewer Mr. Salvucci bid $12,963.00 for the sewer cross- Bid ing Route 128 at Brook Street and 45,575.15 for the sewer crossing Route 128 near Grove Street. A certified check in the amount of $906.80 was submitted with the bid. The Dow Company bid $3,639.15 for the construction of Watson Road and a certified check in the amount of $181.96 was submitted with the bid. The bidders retired at 7 :09 P. M. Formal action was taken on the bids after the Clerk had left the meeting. The Chairman advised that upon motion duly made and seconded it was voted to accept the Watson bid of the Dow Company for, the construction of Watson Road bid Road. Action on the Salvucci bid was held over. Mr. Stevens, Town Counsel, met with the Board at 7:15 P. M. Mr. DeFoe reported on plan to overcome the drain- age condition at the corner of Concord Avenue and Waltham Street, and presented a sketch showing the culvert in the road which was installed years ago. He said that fill should be put in to drain the area Drainage completely or the whole area should be piped. Mr. DeFoe said that water from Waltham Street runs in from both aides and it appears to him that the Town has some obligation to remedy the condition. Mr. Stevens said that if the town does any work here, he thought that the Board, by letter, should disclaim any responsibility. 124 ti an Mr. Burns asked on what basis the town could do any work if responsibility is disclaimed. Town would be doingthe Mr. Stevens said that the t work but not admitting any situation, merely taking care of a difficulty. It was agreed that Messrs. Stevens, DeFoe and Burns would view the area for further study and report on July 10th. Mr. DeFoe reported on the status of the Raimo con- tract and informed the Board that the work is going very slow. He had a orence with Mr. Lundergren and there is no repair work being done and the backfilling is going very slow. Raimo claims there is not suitable backfill left Raimo where Daddario took out the ledge, and he wants to be paid for the backfill. Mr. Lundergren estimates it at about 800 yards. Mr. DeFoe said that he is inclined to agree with Raimo and he has discussed this with Mr. Shaw who is going to write a letter on the subject and forward a copy to Mr. Stevens. He said that Raimo has not started the repair work and refuses to pay the men the prevailing wage rates that are being paid in Boston. He said that the Work will definitely not be completed by September 5th. Mr. Stevens said that he should receive a letter from Mr. DeFoe which he would then forward to the bonding company. The Chairman asked if bids could be opened if only one member of the Board were preseft and Mr. Stevens replied in the affirmative. He said that the Board could designate the time of the opening. Bids The Chairman asked if it were necessary for the Clerk to be present to make a record of the opening of bids and Mr. Stevens replied that offhand he did not think so. He said that he could not see why they had to be opened.at a regular meeting of the Board. It was agreed to invite bids for the Bow Street and Fern Street sewers opened on July 14th at 5:00 P. M. The Chairman said that it would not be necessary for anyone other than he, Mr. DeFoe and the Clerk to be pre- sent. Mr. DeFoe presented each member of the Board with two Ellison proposals for the Ellison Road development. Road The Chairman asked if Mr. DeFoe and Mr. Burns had a Develop- common mind as to what they thought is practical and what ment is not. 11Mr. DeFoe replied that he does not think Mr. Ellis should build on the lots where cess)Rools will not function properly, but he did not think the own could prevent it. He said that his definite opinion is that houses can never be built on Lots 22-29 and be properly serviced by cesspool or septic tanks . 125 Mr. Burns said that the lots are legally recorded and he did not see how the Town could prevent building houses on them. Mr. Stevens said that if an agreement were made whereby these lots would not be built upon there might be some question about whether or not it would be legally Valid . He said that he did not think any conveyancer would pass title to the property with uch an agreement. Mr. Stevens said that he had tried, without success, to contact Mr. Emond, who represents Mr.Ellis, and thought that nothing further could be done this evening. Mr. Burns reported that his men went down to Zoar Avenue today and were ordered off by Mr. Pryzejemaki who said that they were trespassing on private property. He explained that under the special Drainage Act for Lexington the Town has the right to enter any property to conduct surveys but it would not apply to this -situation. Zoar Mr. Stevens suggested that Mr. Pryzejemaki Avenue be advised that the purpose of the survey is to determine the exact location of the street so ' that the Town will know what is going to be done on the entire situation. Mr. Stevens said that he thought the Board should take the view that an Order has been issued by the Court and it is up to the Selectmen to see that it is enforced and up to Scurtos to abide by it. Mr. Stevens reported on the status of the triangular strip of land in Reed Street with relation to Mr. JellisT request for the exten- Dellis sion of a water main to service Lots 5, 6 and Request for 7, Block 91, and numbered 115 Reed Street. He Water on suggested that the owner of the property have Reed Street the title cleared. According to information obtained by Mr. Burns it may be necessary for a portion of Reed Street to be accepted by Town Meeting and he agreed to endeavor to locate further information. Mr. Stevens recommended that no installation be made until the status of the property in question was definitely decided. Mr. Stevens referred to the Chairmax3ts inquiry;, relative to the Lexington Nurseries developing the Land_in plot of land in front of the Munroe Station. He front of explained that the vote of the Town accepting the Munroe parcel of land accepted it for Park purposes and, Station in his opinion, it could not be utilized as suggested by Mr. Garrity. Messrs. Stevens and Burns retired at 8aD P. M. 126 am cuP cup vt Mr. DeFoe and Mr. Kimball of the R. D. Kimball Company, met with the Board to discuss the proposed new boiler for Cary Memorial Building. The Chairman explained that the Board had been asked several questions relative to the proposed boiler and one was whether any thought had been given to the practicability or desirability of replacing , at this time, both boilers with one very large boiler. Mr. Kimball said that he would rather see two boilers, either one of them large enough to take on as is the usual practice, 3/4 of the load. In this way there is always one for an emergency to fall back on in case one of the boilers fail. He explained that with a boiler large enough to take 3/4 of the load, rooms that are not needed can be shut off. He stated that eventually the Town .may have an auto atic fuel boiler and, with only one boiler, if anyt' g goes wrong the buildings would be entirely cold, and this is not good practice. The Chairman asked if there would be any saving to the Town other than from the protection angle. Mr. Kimball replied that in the overall picture it would be more costly because the large boiler would have to fire for the most severe conditions of the Boiler winter and explained that there would still have to for Cary be a big fire. The first costs would be less because Memorial there would be only one boiler. For a period of 20 to 30 Building years the Town would be paying more money for the one large boiler, and with two boilers, the second could always be used. He said that he was hoping, but he could not guarantee, that one boiler would take the load every day in the winter, and that it is three sections larger than the present boiler. He ex- plained that it is much more sufficient section by section. The Chairman asked if the thought of putting in two boilers was originally for practicability. Mr. Kimball replied that the thought then was for a third boiler. At the time Cary Memorial Building was built there was consideration given to two additional buildings . When the third building was built, the third boiler was to go in. He explained that his plane show three boilers dotted in and it would be behind the present two boilers where the air tanks are located. The Chairman asked if the third boiler woul$ ever be necessary if the present two boilers were replaced. Mr. Kimball replied that it would not be necessary for these two buildings. The Chairman asked about the third building and Mr. Kimball said that, with mechanical firing, two boilers, similar to the one he is proposing now, would take car of the three buildings. 127 The Chairman said that while the Board feels, or Mr. Kimball feels that the boiler should be replaced after 22 years, someone else has questioned it be- cause he knows of many instances in Boston where boilers have been in use for 50 years . Mr.:Kimball said that is something no body knows . He stated that he has not observed the treatment of the boilers from year to year, but he did notice the last time he was in the building that the boiler was filled with water which is the way it should be. He stated that he did not know if that happened each year or not. The Chairman asked if it would be economically unsound to try and repair the present boiler rather than having it replaced. Mr. Kimball replied that some years ago the make of the boiler was discontinued, and that would indicate to him that there was some weakness in the boiler. The Chairman asked if Mr. Kimball felt the cost of replacing sections of the boiler would be too great. Mr. Kimball replied that if parts could be obtained for one or two sections, he would still not know whether in the next month or so after the installation, some other section would go. He said that it is a gamble which he would not take and he did not think replacement parts could be obtained. He said that the Boston Office of the American Radiator Company told him that they have no replacement parts, and explained that there are thirty sections. Mr. DeFoe said that he does not know about the inside sections if the boiler is taken apart, and explained that just to take off the front and taking out two sections, inspecting them and re- placing them will cost between $1,000. and $1,200. He slid that to take the old boiler down and clean all the sections would cost about $2,500. Mr. DeFoe stated that a representative from the American Radiator Company was here and his idea was that it would be only a gamble. If the two sections were taken out and then put back they might last two years or maybe longer. He felt that if the first two gections were badly rusted, all the sections should be taken out and cleaned. Mr. Kimball said that a nymber of boilers of this type and agehave been replaced. Mr. Hoyt asked why and Mr. Kimball said that when the building was built they had all the faith in the world in the Amercan Radiator Company and that boiler. 128 b Mr. Hoyt asked how long the proposed boiler had been on the market and Mr. Kimball replied that the h. B. Smith bailer which he recommends, has been on the market for a number of years. Mr. Nickerson said that apparently Mr. Lester Andrews is able to obtain new sections and Mr. Kimball said that he was surprised to hear that because he was told by the Boston office that they had discontinued making parts. Mr. Gay asked if Mr. Kimball felt that, with the new boiler, the other boiler would be used as an auxiliary only in rare cases and Mr. Kimball replied in the affirmative. Mr. Gay said that the second boiler then should last many years. Mr. Kimball agreed and said that the ideal setup would be to install this boiler now and at the very first opportunity to put an oil burner under that boiler and carry the other boiler as an emer- gency boiler to hand fire. He said that with the oil burner under the boiler it would carry the load. A third building would require another boiler. The Chairman asked if the boiler, as Mr. Kimball writes the specifications, would be adapted to automatic stoker without any change. Mr. Kimball replied in the negative and said that he would want to go down about two feet deeper for automatic firing, and that would apply to either automatic oil or coal. Mr. Gay asked what would have to be done if the boiler is put in the way the Selectmen want to put it in now and later on decide to change to oil. Mr. Kimball replied that a pit would have to be dug at a cost of about $1,300. They never know how r much it will cost to pit a boiler. The Chairman asked if Mr. Kimball was familiar with the water level and he replied in the negative. He said that he went over all his correspondence and he could not find anything that would indicate water trouble. Mr. Gay asked how long it would take to install the boiler and Mr. Kimball replied that he would allow two months. He said that he has every reason to expect that the work would be completed for opening Cary Building in the Fall. The Chairman asked how long it would take to obtain bids and Mr. Kimball replied that ten days at the maximum would give them ample time. Mr. H®y inquired about the situation with reference to the second boiler and Mr. Kimball said that he had made an examination of it, but it is the same type of boiler. The Chairman said that it now has a small crack in front. 129 ' With reference to bids, Mr. Kimball said that he did not see how the Board could discriminate against local contractors and he thought six or eight contractors would be enough. He re- commended inviting Boston contractors to bid as well as Lexington contractors . Messrs. Kimball and DeFoe retired at S:40 P. M. When Mr. DeFoe returned to the meeting later in the evening he was instructed to have Mr. Kimball complete his specifications and further to ask local contractors if they wish to bid and if so, let them. In addition, he is to ask Mr. Kimball to in- vite contractors of his own selection. The Chairman read the notice of hearing upon the application of Gail W. Smith for per- mission to maintain one underground tank for the storage of 500 gallons of gasoline on Gasoline premises located at 170 Wood Street. No per- Hearing sons were present in favor or in opposition. Mr. Gay moved that the. application be approved and a license granted. Mr. Nickerson seconded the motion and it was so voted. Mr. Alfred P. Tropeano, attorney for John F. O'Connor, and Mr. Harold Stevens, Town Counsel, met with the Board. Mr. Tropeano said that he was present on the petition that he understood was denied Mr. O'Connor for a Lords Day license at his O'Connors Sunday new ice cream stand. He said that he appre- as Sales ciated that it is at the discretion of the Board to grant a license and also that no hearing was required when the application was entered. However, Mr. O'Connor has constructed a type of business that is to be operated only during a few months of the year and that the Board probably knows the history of the building. He said that one abutter started objecting. He bought a lot of land and built his house on it. When he purchased the land he knew he was building next to a business lot because the real estate agent told him. He explained that when Mr. O'Connor applied for a permit he applied for a 3rd class construction. Objections came in and he withdrew his application for a 3rd class permit and proceeded to build II on a 2nd class construction permit. The individual who objected obtained signatures of people who irdd counsel and tried to stop Mr. O'Connor from 130mcv e building in a residential area. He was advised that such was not the case, changed lawyers and engaged Mr. McLaughlin. He looked into the matter and also advised this person that Mr. O'Connor was building properly. He said that Mr. O' Connor filed his Lord's Day application with the Board some time in April and no action was taken. Last Monday, when the Board did not, he understood that a petition had been filed on the Lord 's Day License. He said that he under- stood also that the petition was filed on the day the license was denied. Mr. Tropeano said that he did not know whose signatures appeared on the petition, but that he could obtain signatures in the same nb#ghborhood of persons who do not object. He said that right across the street is a gas station and the operator sells everything on Sunday, including ice cream. This person was one of those opposed to Mr. O'Connor's building. Mr. Tropeano also mentioned Miller 's Poultry Farm and Napoli 's roadside stand which he said both operate on Sunday's are in this neighborhood. He said that it might well be that the Lord 's Day license could be a nuisance, but until an opportunity is given to see how the stand is con- ducted he could not see why the Board should deny the license. He said that Mr. O'Connor has been a resident of Lexington for a great many years and only moved to Concord when he was unable to find a house in Lexington. The Chairman said that Mr. O' Connor sold his house and that it was a business transaction. The Chairman said that when this subject first came up the Board received quite a long petition which, of course, is available to Mr. Tropeano, and a hearing was held. He said that the Selectmen's Room was filled with people who objected to the ice cream stand and one of the points they emphasized was the nuisance it would be on all the noise that goes with such a stand on Sundays. Mr. Tropeano said that there are more people operating on Sundays without a license than there are with a license. The Chairman said that he thought the Board realized a letter probably should be written to the man who operates the Shell Station across from the ice cream stand and he thought the Board realized it before this evening. Mr. Tropeano said that he thought Mr. O'Connor should be given an opportunity to find out if it will be a nuisance. He said that he may have only a 131 dozen cars a Sunday and that the license once it is issued, can always be revoked. He explained, that Mr. O'Connor had planned to send someone along the street, if necessary, every Monday morning to remove any papers . The Chairman explained that the Selectmen feel it is not advisable to issue a Sunday license at this 1ocation at this time with many people objecting to it. Mr. Tropeano said that people in the area objected before they knew that the building was to be an ice cream stand and that they just did not want business in that corner . The Chairman said that issuing a license for week days was one thing, but he thought most people have a right to have some peace and quiet on Sundays even if they live in a business zone because most businesses are not open on Sundays . He said that he does not think it is anyone 's privilege, just because he is in a business zone, to feel he has a right for a Sunday license. The Chairman asked if there were any questions the members of the Board desired to ask and there were none. Mr. Tropeano said that he would talk to Mr. O'Connor and asked if the Board would hold a public hearing if he wanted one. The Chairman said that the Board certainly would. Messrs . Tropeano and Stevens retired at 9:00 P. M. Mr. DeFoe returned to the meeting at 915 P. M. He presented plan and betterment assessments for proposed sewer in Robbifs,Road. Mr. Sweeney, who purchased the Robbins property, is going to have a garbage disposal unit in his new house and wants the sewer installed. Mrs . Jenkins, one of the Robbins property owners, is now ready to have a septic tank Road installed and wants to know if the sewer will be Sewer put in. However, even if the Board authorizes it, installation cannot be made for some time and she is now ready for a septic tank. He questioned the fairness in assessing her. Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted not to authorize the extension of the sewer. 132Pri Mr. DeFoe informed the Board that the estimated cost of correcting the drainage at 468 Marrett Road is $500. The Chairman asked if he felt that whatever he intends to do would work and Mr. DeFoe said Marrett that personally he did not think much of it. Road The Chairman suggested that this problem be Drainage postponed until July 10th and in the meanwhile Mr. DeFoe is to visit Mr. Kochis to find out whether or not he has made any progress with the man next door about the possibility of going under his porch. Mr. DeFoe said that some time ago the Board received a letter from Mr. Couette, on behalf of Mr. Swenson and Mr. Slocum, as to the probability of water extension at the junction of Blossom Street and down Allen Street an. approximate distance Blossom of 400 feet. He reported that the cost of the Street installation would be about $2,300 and the Town Ext. would probably realize $1,200. The Chairman instructed Mr. DeFoe to advise Mr. Couette that his request will be put on the waiting list and given consideration at a later date. Mr. DeFoe presented plan and betterment assess- ments for proposed sewer in Somerset Road to service Somerset Lot 5 for Mr. Baskin. He explained that Mr. Coleman, Road an abutter, would be receptive if it did not involve Sewer too much money. At present he is not having any difficulty with his cesspool. Mr. DeFoe explained that two corner lots cannot be assessed inasmuch as they are already being served from Hayes Avenue. The Selectmen were of the opinion that if the sewer is installed the assessments on the two corners lots should be absorbed by the Town. Mr. DeFoe was instructed to discuss this subject again with Mr. Coleman and Mr. Baskin using the larger estimates and to advise Mr. Coleman that the Board would en- tertain a request for abatement of a portion of his assessment. Mr. DeFoe reported that he had inspected the tree at 151 Shade Street and in his opinion there is no necessity for removing it. Mr. DeFoe reported on signatures obtained for the proposed water main for Bennington Road and in- formed the Board that Messrs . Preston and Bond3have not signed. Mr. Wilson, who originally requested the water, said that he had talked to both of the in- 133 dividuals and each one feels that inasmuch as the betterment is of no service to them now, they would defer paying for it until such time as it will be desireable, - in other words they will take it on a deferred payment basis. Mr. DeFoe said that there may be ledge and Bennington the project will cost approximately $1,700 of Road which Mr. Wilson will pay 0475. Water Upon motion of Mr. Hoyt, seconded by Mr. Nickerson, it was voted to authorize Mr. DeFoe to have the order prepared for the Board ' s signature but the installation is not to be made before bringing it to the Board's attention again. In the meantime the Chairman is to contact Mr. Bond. Mr. DeFoe reported on the signatures obtained in connection with the Fair Oaks Sewers and read the following: Total signatures for lots and houses 62.64% Unsigned 37.30% Fair Breakdown Oaks Houses (100 houses ) 73% Sewers Houses not signed 27% Vacant lots signed (42) 38% Vacant lots not signed 62% The Chairman asked if Mr. DeFoe had any opinion as to how the job is going to be done, if it is done. Mr. DeFoe said that he could start the job and felt that Town labor could do it much cheaper than a contractor and he thought it would be done as fast. However, he does not believe people appreciate the value of what they are getting and he thought it should be advertised. The meeting adjourned at 10:20 P. M. le , electmen A True kecord, Attest I