HomeMy WebLinkAbout1950-05-22-min 69
SELECTMEN'S MEETING
May 22, 1950
A regular meeting of the Board of Selectmen was
hold in the Selectmen's Room, Town Office Building on
Monday evening, May 22, 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 received from the
Middlesex County Commissioners, stating that increas- Theresa
ing pressure is being put upon the Commissioners to Avenue
make an order on the petition of Mary D. Sorrentino
for the laying out, relocation, .or alteration of Ther-
esa Avenue. The letter stated that the Commissioners will
be obliged to take some action at least by the first of
August.
The Clerk was instructed to file the Communication
and call it to the Board's attention again in about a
month.
The Chairman read a letter from Miss Helen C.
Bertini, owner of Lot B, Munroe Estate, opposite Buck-
man Tavern, requesting the removal of the curbstone and have thee
the elm tree in front of her property. and curb
Memorandum was received from Mr. Garrity, Supt. removed.
of Parks, informing the Board that there are eight trees
in a row at this location, all close to 200 years old.
He stated that they are in a fairly healthy condition
and in his opinion would last quite a while longer. The
expense of removing the trees would be substantial and
Mr. Garrity is of the opinion that they should be posted for
a hearing before removal.
Upon motion of Mr. Driscoll, seconded by Mr. Hoyt,
it was voted to authorize the Chairman to advise Miss
Bertini that the Board does not want to have any of these
trees taken down.
Mr. Francis L. Barry, 36 Paul Revere Road, a member
of the Metropolitan Police Force, met with the Board. He
informed the Board that there is a situation in his neigh- Health
borhood where a cesspool was built and the cover taken off. Complaint
Be said that there is a hole about three feet deep and it
would be possible for some of the small children in the
neighborhood to fall in and drown. He discussed this
matter with Mr. Jackson, Health Sanitarian, after which
the owner of the property dug a trench and now there is
a puddle of sewage which is a health menace.
The Chairman said that he would consult with Mr.
Jackson on the problem.
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Mr. Barry explained that he was meeting with the
Board as a private citizen and not as a Police Officer.
He retired at 7:10 P. M.
Mr. DeFoe, Supt. of Public Works, met with the
Board, and submitted a copy of letter sent by the County
Moakley Commissioners to Richard W. and Doris L. Moakley with
Claim reference to land taken for the relocation of Adams
Street. The notice was sent by registered mail and a
photostatic copy of the return receipt was attached to
the copy of the notice. Action was deferred until the
next meeting of the Board.
Mr. Harold E. Stevens, Town Counsel, met with the
Board at 7:20 p. M.
Mr. DeFoe read a letter from Raimo Construction Co.,
dated May 9, 1950, requesting an extension of time due
to abnormal weather conditions beyond its control. He
Raimo ex- also read a letter from Metcalf and Eddy enclosing a
tension of copy of letter to Raimo. Metcalf & Eddy will not certify
time. over ten days and any further extension will have to be
determined by the Board.
Mr. DeFoe presented each member of the Board with a
copy of the schedule agreed upon on April 26th and also
a schedule of the progress made up to May 20th.
Mr. Stevens reported that he had checked with the
State Public Works Department in an effort to determine
how Raimo is progressing on the State job, The individual
to whom he talked said that insofar as he knew the bonding
company had not taken over. Mr. Stevens said that Raimo
is in financial difficulty all the time and has not had
enough men on the State job, nor has he had enough equip-
ment.
Mr. Stevens said that ho also called Mr. Curtin of
the Continental Insurance Co. and Mr. Curtin told him that
he would call the New York Office and obtain authority for
the Boston Office to see that the work in Lexington is done.
The New York Office gave the authority and the insurance
company will step into this and see that the money is pro-
vided for the payroll and also see that there are enough
men on the job.
Mr. Stevens said that, in view of all this, it would
seem unwise for the Board to grant any extension or arrange-
ments to pay twice a month.
The Chairman asked if the initiative from here on
should come from the Board, Mr. DeFoe or the Town Counsel.
Mr. Stevens said that he would carry it along for a
while and that nothing should be said or answered until
the Board receives further information from him.
Mr. DeFoe requested the Board to consider the con-
struction of Watson Road as an extra for constructing
roads in Ledgelawn area.
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Mr. Stevens said that he could'.not see any basis for Watson
it. Road
The Chairman informed Mr. DeFoe that the construction
of Watson Road would have to be advertised and considered
as new work.
Letter was received from Robert C. Jackson, Int. req.
62 Colony Road, requesting information relative on Colony
to the authority for constructing Colony Road, how
the assessments were figured and whether or not the Road
project is completed.
The Chairman requested the Town Counsel to
dictate a reply to the first question which would
be incorporated in the Chairman's reply to the other
two questions.
Letter was received from Domonic Iovino, 449
Req. for ext.
Great Road, Bedford, requesting the extension of water in
water main a distance of 270 feet to his property Winter Street
on Winter Street, Lexington, for the purpose of
watering his garden.
The Chairman explained that he had instructed
Mr. DeFoe to acknowledge the letter and advise Mr.
Iovino that no commitment can be made at the present
time.
better was received from Joseph Sweeney, 277
Summer Street, Somerville, requesting water and Req. for water
sewer services to lots 79 and 80 on Robbins Road. Rand in
Mr. DeFoe reported that he has already sent obbinnwer s Rvad
out forms for the signatures on the water extension
and will have further information pertaining to the
sewer extension next week.
The Chairman instructed Mr. DeFoe to acknowledge
the letter.
Mr. DeFoe discussed a proposed change in grade
for the Waltham Street sewer. He explained that by Change in
changing the grade and raising it about three feet grade in
from the present construction on Marrett Road to Waltham St.
Kendall Road, a distance of about 1,100 feet, a sewer
saving of between $3,000 and $4,000 will be realized.
He said that there is only one lot which might be af-
fected; the basement could not be served. Mr. Burns
had a man check the septic tank and it appears to be
functioning properly.
The Chairman said that the Board might be faced
with the possibility of abating this person's sewer
betterment assessment and Mf. DeFoe said that by
changing grade it would save digging about three feet
of sewer, and sheathing will not be required. This
would mean a saving of at least $3.00 per foot for
1,100 feet.
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The Chairman asked if there are any other lots.
that might be built upon and houses built so low that
they could not be served.
Mr. Burns arrived at the meeting and said that
there are only three lots and he knows one is high.
The Chairman asked, as far as Mr. Burns is concerned,
if there was only one house affected and no other petential
ones.
Mr. Burns replied in the affirmative and said that
there there is only one lot which will have any justi-
fication at all.
Mr. Nickerson asked what Metcalf & Eddy would say.
Mr. Burns replied that they state in the report that
conditions might take a change advisable.
The Chairman asked when work would be started and
Mr. Burns replied that they would begin in the morning.
Mr. Nickerson said that the survey had cost a sub-
stantial sum and a major change is contemplated. He,
therefore, thought it would be wise to make sure that
Metcalf and Eddy was informed.
Mr. Burns cited Several changes that have been
recommended by him and Mr. DeFoe, all of which were
approved by Mr. Shaw, one of the firm of Metcalf &
Eddy.
Mr. DeFoe at the Board's request, telephoned Mr.
Shaw and explained the situation to him. He reported
that Mr. Shaw said that in this instance it would appear
that an exception should be made. Mr. Shaw said,
however, that it might be well to check with the Town
Counsel to see if there might be any reaction.
Mr. Burns said that even if the Board abated one-
half or all of the assessment on this particular lot
it would be worth the saving.
The Chairman asked if the Board wanted to take any
action.
Upon motion of Mr. Hoyt, seconded by Mr. Nickerson,
it was voted to authorize the Supt. of Public Works to
raise the grade of the sewer approximately three feet
from the present construction om Marrett Road to Kendall
Road, subject to the approval of the Town Counsel.
Mr. Stevens returned to the meeting later in the
evening and said that off hand he could not see whythe
Town would get into any difficulty. He thought it might
be well, however, for him to telephone Mr: Shaw in the
morning and then report to Mir. DeFoe.
Mr. Burns left the meeting.
Mr. Leonard Jellis, Jr., Messrs. Ryde and Sanseverino
Vet's Lot met with the Board.
Drainage Mr. Jellis said ,that they would like to know if the
Town could do something about the drainage of the veterans
lots owned by these three individuals.
The Chairman said that this was a subject upon which
the Board could not give an answer off-hand. He said that
he would prcfer to have Mr. DeFoe and Mr. Burns confer and
report to the Board.
The Group retired.
Mr. Gordon Eaton, 9 Calvert Street, Mr. Earl
Outhet, 9 Ivan Street and Mr. Leo Hayes, 6 Calvin
Street, met with the Board.
Mr. Eaton said that they would like to know Sewer
when the sewer would be constructed for the Sunny- Sunnyknoll
knoll area. Area
The Chairman said that he believed Mr. Eaton
knew the situation as to the trunk line and explained
that there is no money available to proceed, and
that it would have to be authorized by vote of the Town.
He said that there may be a Special Town Meeting in the
Fall, but he did not see how it could be in operation for
a least a year. After the trunk line has been constructed,
the laterals will have to be put in.
Mr. Outhet said that there are five or six
cesspools overflowing.
The Chairman asked how many houses would he served
and Mr. Outhet replied that he thought about thirtyefive.
Mr. DeFoe said that the estimated cost of the project
is $100,000., not including the laterals.
Mr. Burns, who returned to the meeting at the Board's
request, explained that there are about 25,000 feet
involved and the figure his Department had only brought
the sewer up to Bedford Street. This figured at 50.00
a foot.
The Chairman explained that if the group wanted to
expedite this, they should secure the signatures of the
owners of the thirty-five houses, as well as the owners
of the vacant land, and submit a petition requesting the
installation as soon as it can be done.
Mr. DeFoe explained that there are no plans or
specifications prepared.
The Chairman said that the charge is about 0.00 a
running foot, based on a formula. The abutters have
ten years to pay at 4% interest on the outstanding balance.
The group, with the exception of Mr. DeFoe, retired.
Mr. Emond, representing Mr. Innis, met with the
Board and Mr. Stevens, Town Counsel, returned to the
meeting. Innis
Mr. DeFoe explained that indications are, in order Property
to lay a drain pfpe to connect in Roosevelt Road, there Wilson Rd.
will be three or four feet of cover over the pipe. etc.
He said that as he understood it, Mr. Innis wants
to sell all his lots. The water will be installed, the
lots sold and houses constructed. The owners then will
not be able to make the cesspools function properly and
there will be no sewer available. He said that the Town
Counsel had discussed this with Mr. Emond and meb.tioned
the possibility of an arrangement whereby the lots, which the
Health Sanitarian states_ cannot be served by cesspools,
would never be built upon.
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would never be built upon.
Mr. Stevens said that he was trying to determine
whether or not the Town can bind these lots and he has
not satisfied himself as yet that he can draft an
agreement, in the nature that he spoke to Mr. Emond
about, that will be binding.
Mr. Emond said that he would like to use the lots
that do not present any problem.
Mr. DeFoe said that a sewer could not be constructed
without involving a pumping station.
Mr. Stevens said that he would have to give the sub-
ject some additional study. He said that he did not think
Mr. DeFoe wanted to make any definite statement to Mr.
Emond until he has more information from him (the Town
Counsel) .
Mr. Emond said that if the Board of Health would ap-
prove of the corner lot, he would then have a total of
four.
The Chairman suggested that Mr. Emond proceed with
the installation of the water and -drainage, according to
the Town's specifications, to serve those four lots if
the Board of Health will approve the one in question.
The Board agreed to the Chairman's suggestion.
The Chairman explained to Mr. Emond that if this
portion is done, it does not in any way commit the Board
insofar as the balance of the lots are concerned. He
suggested that Mr. Emond obtain the approval of the
Board of Health and then have the specifications approved
by the Suptt. of Public Works, Town Engineer and Town
Counsel.
Messrs . Emond and Stevens retired.
Mr. DeFoe reported on the cost of a new boiler for
the Cary Memorial Building. He presented each member of
Boiler the Board with a copy of quotations received from R. D.
For Cary Kimball Company and C. H. Cronin, Inc.
Bldg. The Chairman said that in the short period of time
from now until Town Meeting be did not feel that he would
know enough about this subject to answer questions which
might be asked. He asked how long it would take to in-
stall the new boiler and Mr. DeFoe said that it would
take at least a month.
The Chairman asked if this were taken up at a Town
Meeting in September would it be in operation by November.
Mr. DeFoe said that everything would have to be ready by
the time of the Town Meeting and he doubted if the work
could be completed before it would be time to heat the
buildings.
The Chairman thought it would be better to ask the
Town Meeting to appoint a Committee, under Article 2„
consisting of representatives from the Board of Selectmen
and the Appropriation Committee and also ask for an appro-
priation of $500 for use by the Committee.
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Mr. Nickerson said that he could not see why it
would be difficult to present this at the coming meeting.
He said that the Town Meeting members could be told
that the old boiler is cracked and cantt be used and
that the Board has advice of experts that it may go
at any time. He said that he has made his mind up
that it is better to burn oil.
He said that' he thought the Selectmen could ask
for an appropriation of 618,000 or 620,000 to enable
them to put in the most efficient oil furning system
and have an expert survey and plans made. He said
the Board could explain the reason for requesting a
blanket amount.
Mr. Hoyt said that he thought Mr. Nickerson had
a sound approach to the matter, but there is a question
in his mind as to whether the Town Meeting will accept
it.
Mr. Nickerson said that even if the Town Meeting
did not accept it, it could then be prosented again
at the Fall Town Meeting.
The Chairman said that he did not like to be re-
fused by Town Meeting and Mr. Hoyt said that he doubted
if the Appropriation Committee would go along.
Mr. Gay said that he thought if the Selectmen
wanted the Appropriation Committee on their side, the
suggestion of a Committee consisting of one or two of
their members was a good one.
Mr. Driscoll said that he thought the Board needed
expert advice.
Mr. Nickerson said that if the other four members
of the Board want to wait until September he would not
waste any more time.
The Chairman asked if Mr. DeFoe had any opinion
as to whether it would be more economical to put in an
auxiliary for the Town Office Building and he replied in
the negative.
Mr. DeFoe said that he wanted it recorded that he
is in favor of presenting this to the coming Town Meet-
ing, in the event that the building is not heated in
the fall and no preparation has been made.
Mr. Nickerson said that because of the time element
and the weather he agreed with Mr. DeFoe.
Mr. Gay said that he would not like to have the
Appropriation Committee oppose the Selectmen on this
matter.
Mr. Hoyt also agreed with Mr. DeFoe and said that
he thought the time to do the work was in the summer.
Mr. Nickerson said that the Board might also obtain
a much better bid now. He said that if there is a Town
Meeting in September and the work is completed in Decem-
ber, the Board would be most fortunate.
Mr. DeFoe retired.
The Appropriation Committee met with the Board later
in the evening to discuss this subject.
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C
Letter was received from William Curley, Bab Cliffe
Tax Title Avenue, offering $150 for lots 189-192 inclusive, on
Property Cliffe Avenue.
The Clerk informed the Board that Mr. Potter checked
this and reported that the lot has a 75 foot frontage, is
solid ledge and a steep hill. He recommended a price of
$100.
Mr. Hoyt moved that a proposal to sell the lots
be advertised in the Lexington Minute Man and that
further consideration be given the offer at the next
meeting of the Board. Mr. Gay seconded the motion,
and it was so voted.
The Board gave further consideration to Mr.
Thomas Martin's offer of $50 for Lot 20, Block 3,
Rangeway Road.
Tax Title Report was received from Mr. Potter stating that
Property it is unfortunate to assess this lot 174 feet front-
age inasmuch as it tapers off at one end. He thought
would be fair to assess it on the basis of 100 feet
frontage, pricing the lot at $200., plus $150 for the
water betterment assessment, making a total of $350.
Upon motion of Mr. Nickerson, seconded by Mr. Gay
it was voted to advise Mr. Martin that the Board will
entertain an offer of $350.
Letter was received from Arthur H. and Ethel M.
Cameron, 53 Kendall Road, Lexington, requesting a
Transient Vendor's License to solicit a house to house canvass
Transient for colored motion pictures of children, adults, homes
Vendor's and gardens.
License The Clerk reported that she checked this with the
Chief of Police and was informed that the applicant should
register with the Police Department.
Mr. Bay said that he was opposed to door to door
canvassing and it was agreed to invite the Camerons to
meet with the Board and discuss the subject.
The Clerk informed the Board that an ambulance bill,
in the amount of $10.00 had been sent to a Miss Louise
Reed who lives at the Home for the Aged and Mr. Locke
Abatement would like to know if the Board would feel inclined to
Ambulance abate the charge.
Bill Upon motion of Mr. Driscoll, seconded by Mr. Gay,
it was voted to abate the ambulance bill in the amount
of $10.00 sent to Miss Reed.
The Chairman read a letter from Shoppers' Haven,
Licenses signed by Edward J. Conley, with reference to a Sunday
Sales License.
The Clerk was instructed to send a copy of the
communication to Town Counsel and request that he answer
it.
Upon motion of Mr. Gay, seconded by Mr. Hoyt, it
was voted to grant the following licenses:
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Ernest C. Martin 1793 Mass. Ave. Com Victualler
Countryside Asso. Lowell Street Sun. Sales
Lexington Theatre 1704 Mass. Ave. Sun. Movies
Application was received from the Lexington Use of Halls
Allied Veterans Council for permission to hold
Memorial Day exercises in Cary Hall on May 30th.
Mr. Gay moved that the use of the hall be
granted free of charge. Mr. Hoyt seconded the
motion and it was so voted.
Application was received from Miss Helen
Merrill for permission to conduct a dance recital
in Cary Hall on the evening of June 17th.
Mr. Gay moved that the use of the hall be
granted subject to a charge of $35.00. Mr. Driscoll
seconded the motion and it was so voted.
Application was received from Robert L. Burke
requesting permission to conduct a High School Class
Reunion in Cary Hall on the evening of June 24th.
Mr. Nickerson moved that the use of the hall
be granted subject to a charge of $35. Mr. Hoyt
seconded the motion and it was so voted.
The Chairman informed the Board that Mr. Lynch Bill for
had submitted his bill in the amount of $2,000 for Legal Advice
his work as legal advisor to the Planning Board in Approved
connection with the proposed amendment of the Zoning
By-laws.
Mr. Nickerson moved that the bill be approved
for payment. Mr. Hoyt seconded the motion and it
was so voted.
Mr. Howard Patterson, Chairman of the Appro-
priation Committee, and Mr. Cleveland met with the
Board, at the Board's request, to discuss the boiler. New Heateraarry
The Chairman of the Board of Selectmen explained y
that the Board realizes that if it asks for the money Bldg.
at the June meeting it will not be able to give the answer
to a lot of questions. He said, however, that the
feeling seems to be that if this is postponed until
September, time is being cut dangerously short. He said
that the alternative suggestion would be to ask for a
nominal sum of money to hire a consultant to meet with
a committee consisting of two members of the Board of
Selectmen and two members of the Appropriation Committee, but there
again some members of the Board felt that it would be cutting it very
close before the cold weather.
Mr. Patterson said that his Committee does not feel
that sufficient study has been given and more study should
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be made and that it would be well worth the gamble.
The Chairman said that it was agreed that the matter
should be studied. The alternative is to ask for the
money and tell the Town Meeting members that no study has
been made and that no money will be spent until a study
has been made.
Mr. Patterson said that he thought it would be much
better to have a committee to study the matter.
Mr. Cleveland said that regardless of when
appropriation is made, in all probability the
buildings will not be heated in time.
The Clerk left the meeting at 10:25 P. M.
er S ectmen.