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HomeMy WebLinkAbout1950-05-01-min 47 Selectmen's Meeting - May B, 1950 Page 37 SELECTMEN'S MEETING May 1, 1950 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday, May 1, 1950, at 7:00 P. M. Messrs. Gay, Driscoll, Nickerson and Hoyt were present. The Clerk was also present. Upon motion of Mr. Driscoll, seconded by Mr. Nickerson, it was voted to elect Mr. Gay, Chairman for the evening. W. James J. Carroll, Town Clerk, left the jury box with the Clerk of the Board, due o the fact that he had a previous engagement and could not be present Jurors for the drawing of one juror. Mr. Harris F. Neal, 462 Marrett Road, was drawn to serve, commencing June 5, 1950. Mr. Joseph H. DeFoe, Supt. of Public Works, met with the Board. He reported further on the subject of the water ser- vice for Lexington Nurseries, which was held over from the last meeting of the Board. He stated that he planned, subject to the approval of the Board, to write Mr. May a letter to the effect that if he would definitely repair his water line so that there is no further leak, and do it promptly by June 15th as he said he would do, then he would suggest that the Lex. Board settle for the last two periods and this coming Nurseries period, for the average consumption the nurseries Water has used over the previous two years per quarter, plus Bill what the excess water cost the town. Mr. Nickerson said that if Mr. May is losing water, he thought his prime move would be to fix the pipe as quickly as he could. Mr. DeFoe explained that Mr. May will have his own .men repair the pipe but they will be busy through the 30th of May and he could not guarantee having the line repaired before the fifteenth of June. Mr. Nickerson reminded the Board that Mr. May had made the same promise last year but did not make the necessary repairs. He said that he would suggest that Mr. May repair the leak so that there will be no more loss of water and then the Board can decide upon what abatement may be made. W. Driscoll agreed with Mr. Nickerson Mr. DeFoe was instructed to inform Mr. May that the pipe should be repaired by him immediately and when the re- pairs have been satisfactorily made, and not until then, the Board will consider the subject of possible abatement. ,48 Mr. Harold Stevens, Town Counsel, arrived at the meeting at 7:15 P. M. Mr. DeFoe stated that he had received a request for the extension of the water and sewer mains in Gleason Gleason Road and explained the location by use of a sketch. He said that both services now come to opposite..the petitioner's Road lot and the question in Mr. D.Foe 's mind is whether or not Water & the Board can assess him for the services if the connections Sewer are made from the present lines without further extensions. At some future date both the water and sewer mains may be extended beyond this property. The estimated cost of the sewer for a distance of 100 feet is $441 because no other property is involved. Under normal conditions the assessment would be $220.50. How- ever, if the sewer is extended at some later date beyond this property the Board cannot then assess this individual because he will have the sewer service. Mr. Nickerson said that he thought some charge should be made. Mr. DeFoe explained with reference to the water, that the property has 100 foot frontage and the water assessment would be $150 if the main were extended, but he can give him water from the main on Dee Road. Mr. Stevens said that he thought both services should be paid for in cash. . Mr. Nickerson suggested that Mr. DeFoe contact the petitioner and explain the situation to him and tell him that if he wants to pay cash it will be all right. However, if he does not want to pay cash the installation will be made when the Department of Public Works can do it and he will have to pay his full share of the betterment assessments. Mr. DeFoe presented a sketch of ElIisOn. Road showing the property owned by a Mr. Innis, and stated that he has discussed this subject with the Town Counsel. Me. Innis is ill and therefore, does not intead to do any more building but would like to dispose of his lots and wants to install water from LeRoy Road, down Ellison Road to Wilson Road. He also wants to put in drainage. Mr. DeFoe suggested the installation of the drainage because eventually it will have to go in. Mr. Innis seems to want to put the drainage on the lot lines, connecting with the drainage in Ytoosevolt Road. Mr. DeFoe also informed the Board that the Board of Health wrote Mr. Innis that nine lots on the east side of Ellison Road probably cannot be served by septic tanks or cesspools. If Mr. Innis installs the water main, and sells the lots, the individuals erecting houses will then have a sanitary condition which will mean an- other pumping station. 49 Mr. Stevens said that the Board of Health found that cesspools and septic tanks could not be made to work; in- stalling the water would be creating house lots that can- not be serviced by cesspools or septictanks. He further stated that the owner of the property cannot be prevented from selling lots. He said he thought the Board could advise Mr. Innis why it is not in favor of selling these lots. Mr. Nickerson suggested, and the Board agreed, to invite Mr. Emond, who represents Mr. Innis, to meet with the Board on May 15th at 7:15 P. M. and tell him exactly what the situation is. Mr. DeFoe left the meeting at 7:35 P. M. and Mr. John Brucchi, 63 Paul Revere Road, met with the Board. He explained that the Board of Health has refused Mala permit to keep livestock at 63 Paul Revere Road and he had purchased the property as a farm. The Chairman said that the last time Mr. Brucchi met with the Board on this subject he had him attorney with him. John Mr. Brucchi said that this is something that his Brucchi attorney has nothing to do with. The Chairman explained that the Board of Health is appointed by the Selectmen, under Statute, and once the appointments have been made the Selectmen have no control over regulations of that Board. He asked the Toa Counsel what his suggestion would be. Mr. Stevens replied that this is a matter entirely between Mr. Brucchi and the Board of Health. He explained that the Board of Health has the right to make regulations, findings and issue permits and it is within its power to make decisions. Mr. Mrucchi said that the Sanitarian told him verbally that he could keep a horse and a cow and °ir. Stevens said that he was only an employee of the Board of Health, and animals according to the Boardte rules and regulations, cannot be kept without a permit. Mr. Brucchi said that he did not think the Selectmen understood the situation.. The Chairman asked each member of the Board if they understood the situation and they all agreed that it was a problem for the Board of Health. Mr. Brucchi said the owners of Lots a, D & E on Paul Revere Road have pushed boulders out into the street and asked the Board to investigate. The Chairman explained that the Selectmen have no jurisdiction insofar as unaccepted streets are concerned. Mr. Brucchi retired at 8:00 P. M. and Mr. DeFoe re- turned to the meeting. Mr. DeFoe reported further on Mr. Hayden's request for the extension of a water main in Weston Street. He 50 said that he had discussed this matter with Mr. Hayden and for the time being he would be satisfied to have the pipe laid under the road to make provisions for extending it. Mr. DeFoe explained that the fill ;, over Weston Road is going to be 12+ deep. He said that -he has insisted that the State take up the town's water mains and relay them on Marrett Road and Massachusetts Avenue so that there would not be over 41' or 51 of cover. He does not like the idea of going down 12+ under the read. He explained that another thought, if the Haydenpipe is put in, is to wait until the road is built Y except for the gravel fill and the surface treatment. Request The pipe could then be run across the top of the road for Water just beyond the roadway surface and down 5' . Mr. Main DeFoe informed the Board that the new road cannot be broken for a period of five years, and Mr. Hayden like provisions made now to get under the road. He - wants a fire hydrant for fire protection. The Chairman asked if the State would allow the Town to install the pipe as near the surface as Mr. DeFoe suggests and he said .that he did not know. The Board agreed that the pipe definitely could not be laid 12*- deep. No action was taken and Mr. DeFoe was instructed to place this for his list next week. Report was received with reference to an accident involving the Town ambulance. Mr. Stevens stated that he had received a copy and would look into it. Copy of a letter written to Mr. Stevens by Paul J, McCormack, attorney for Gustave B. Larson, with reference to the sewer assessment on Oak Street, was Oak St. received. Water Mr, Stevens said that when he received the letter Assessment he telephoned Mr. Peters, who formerly represented Mr. Larson, and-Mr. Peters did not know that another attorney had been engaged. Mr. Peters agreed to call Mr. Larson. 'Mr. Stevens said that when he found out more about this he would call Mr. McCormack. The Chairman read a letter from H. Victor, Peddler 131 Somerset Street, Providence, R. I. stating that he had been prohibited from selling in Lexington on April 19th even though he has a State license. Mr. Stevens said that the Town has authority, under Statute, to issue rules and regulations govern- ing peddling. He suggested that the Board simply ac- knowledge reoeipt of the letter. Mr. DeFoe left the meeting at 8:35 P. M. ' 1 51 Mr. Stevens said that he does not know where he is on the Special Town Meeting. The warrant should have been signed tonight if the Meeting were to be held on May 22nd. He stated that the Planning Board is meeting Town this evening but they have three sub-divisions before them Meeting so they are not going to discuss the Zoning By-law and as yet the minutes taken at the hearing have not been transcribed. He reported that he had talked with Mr. Lynch who .thinks there is a very good chance that the Planning Board will be ready for a meeting by June 1st. Mr. Stevens said that June 1st is the last date for which the School Committee can wait, but Mr. Lynch said that the Special Town Meeting had been called for the Planning Board and the School Committee has no authority to set the date. Mr. Nickerson said he thought the Board should be factual and that he did not believe the school buildings would be ready for occupancy even if the contracts wore let for June lst. Mr. Stevens said that he did not think anything could be done until after the Planning Board meeting tomorrow night and that both Mr. Cromwell and Mr. Lynch had agreed to call him. Application was received from the Minuteman Chapter, United World Federalists, for the use of Estabrook Hall Use of on Friday evening, May 26th from 7:30 P. Y. until 11:00 Use P. Y. Mr. Hoyt explained that Mr. Roger Greeley had telphoned to inform him that this organization was non-political. Mr. Stevens said that he did not think this group in it self was political. The Clerk informed the Board that Mrs. Hanson, who signed the application, said that admission may be charged, but it will depend on whether or not the group has to pay the speaker. Mr. Nickerson moved that the use of the hall be granted free of charge if no admission is charged, but subject to a $10.00 rental fee if admission is ;barged. Mr. Hoyt seconded the motion, and it was so voted. Mr. Stevens retired and Mr. DeFoe returned to the meeting. Mr. DeFoe reported further on A. Clifford Fletcher+s request for water service to lots 90 and 91 on Wachusett Request Drive. He informed the Board that Mr. Fletcher doesinot for Water own these lots but is buying they through Mr. Lyon, from In Wachu- Neil McIntosh as soon mw he is told that he can have water. sett Drive Chairman asked where this request is on the list and Mr. DeFee rpplied that it is last. He said that a small job like this could be worked in, but he does not think it should be given priority. He stated that it 52 co could be done before the end of the year. Mr. DeFoe stated that if he continues to receive requests such as this he mill have to let more work out on contract. Mr. Driscoll moved that this request be placed on file for the time being. The motion, however, was not seconded. Mr. Nickerson suggested that Mr. DeFoe tell Mr. Fletcher, if he contacts him, that his request is on the list. Mr. DeFoe requested permission to purchase a supply Sewer of sewer pipe for the two low bidders were as follows: pipe Lexington Lumber Company 15" extra heavy $2.07 per foot n a 24" n a 5.39 " N Waldo Brothers 15" " a 1.97 " " " a 24" a n 5.29 n w Mr. DeFoe explained that Waldo Brothers do not know when they can furnish the pipe, but the Lexington Lumber Company can ship it promptly. He will need 200' of the 15" and 235' of the 24". Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to authorize the Superintendent of Public Works to accept the bid of the Lexington Lumber Company. Mr. DeFoe reported on the drainage condition at Franklin Road and explained that before the drainage was put in, Mr. Baskin's land was low and water flowed out from makeshift drains that were in Franklin Road. How the land is filled in and the drains have no place Franklin to go and the water stays there, He explained that the Road water in the catch basins is five feet below the cellars. Drainage He said that he thought the way to overcome the problem was to install two catch basins. Mr. Nickerson said that he could not see why the situation is so different now than it has been for years. He said he understood that the water in the middle of Baskin's land was to be drained off and if the land were properly graded the way Mr. Baskin is going to do it eventually, the water wouldn't be there.. Mr. De?oe said that he thought the proposition was to take the drainage from Franklin and Castle Roads and bring it through to Somerset. Road. He said that he did not know that it was just to drain all the surface water from Baskin's land. He said that he did not believe the Town could drain all the surface water to Baskin's catch basins. Mr. DeFoe was instructed to place this subject on his list for next Monday night. Mr. DeFoe told the Board that he is receiving so - many jobs to do, so many details to draw up and so many people coming into the Engineering Department for inform• ation, that the work is falling behind. He said that he 53 would like to have the privilege of working his surveying crew over on Saturday of termone or an hour or so evenings and charge the time to whatever the operationmmight be. Engineering He said that he felt sure his crew would work^ overtime for Dept. straight time pay. Furthermore he would like to have the privilege of hiring two men, if he can locate two good men and charge their salaries likewise. Mr. Nickerson asked whether or not it would be practical to hire professional engineers to take him over the immediate situation. Mr. DeFoe said that he would prefer to hire some one other than professional engineers. Mr. Driscoll inquired as to what he wanted the men for and he replied that he wanted a man capable of running a party. The Chairman asked if Mr. DeFoe wanted two men perman- ently; and he replied in the negative. Mr. Hoyt asked if there was anyone in the Engineering Department at the present time who could quality as an Assistant Engineer and Mr. DeFoe replied in the negative. Mr. Hoyt agreed. Mr. Nickerson said that he would be entirely in favor of working the surveying crew overtime, but he couldnit see how the other problem would work out satisfactog3.g-- ' to secure a good man on a temporary basis. Mr. DeFoe said that if he was able to hire a good man who knows his work, it would not make any difference Whether he came from a profession , engineering office or not. The Chairman asked how soon. Mr. DeFoe would want the new men and he replied that he would like to hire them im- mediately. The Chairman asked how long he Would keep them and Mr. DeFoe said that he does not know. Mr. Hoyt said that he would be willing to grant Mr. DeFoe's request. Mr. Nickerson and Mr. Driscoll also agreed. Upon motion of Mr. Driscoll, seconded by Mr. Nickerson, it was voted to authorize the Superintendent ee Public Works to work his present Engineering force overtime on straight time. It was further voted to grant the Superintendent the privilege of employing two extra men, to work temporarily in the Engineering Department; their salaries to be charged to whatever project on which they work. Mr. DeFoe told the Board that he is unable to obtain anyone in Town to dynamite. He has made inquiries outside Moretti's and it coats 414800 an hour for the dynamite man and $2.00 Pay Rate an hour for his helper. .Hohn Moretti, who works for the Increased Town is capable and has been doing the dynamiting. If he receives 5g more per hour the problem will be solved. 54 The Chairman inquired as to what effect such an in- crease might have on the other men in the Department and Mr. DeFFOe replied that they cannot dynamite. Mr. Driscoll asked how much his rate would be including the increase and Mr. DeFoe replied $1.30 per hour. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, tt was voted to approve Mr. DeFoefs request for permission to increase John Moretti's rate of pay from $1.25 to $1.30 per hour inasmuch as he does dynamiting for the Town. Mr. DeFoe reported that when an inspection was made of the shovel that he intends to turn in it was found to be cracked in two places. The frame is cracked and there is another crack in the shovel in the body part that holds the hook rollers. He explained that Northwestern, upon Shovel finding this condition, withdrew its bid. He said that there is another shovel which .he would like, sold by the Bucyrus-Erie Company. He"had their representative out and told him the facts. The representative believes that a welder he knows can repair it so that he can sell it to a customer he has waiting to purchase a used shovel. The welder has quoted a price of $200 and the Bucyrus man will pay up to $200 and deduct it from the price he quoted for a new shovel. Mr. DeFoe said that the price for the new shovel is $16,000. If the repairs amount to more than $200 the Town will have to pay the difference. Mr. Hoyt asked if there would be any liability on the part of the Town if the shovel is repaired and sold by Bucyrus end Mr. DeFoe replied in the negative. Mr. DeFoe said that he has money to purchase the new shovel but he does not think he Should pay for the welding from the Road Machinery Fund. Mr. Nickerson said that he thought the Town should purchase the best shovel available. Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted to authorize the Superintendent of Public Works to purchase one Bucyrus-Erie Shovel at a net price of $15,800 with one qualification. In the event it does not cost $200 to repair the shovel now owned by the Town, Mr. DeFoe is to add the difference between the actul cost and the $200 figure to the pur- chase price. Request for Letter was received from Edward W. Gaudet requesting water in the extension of a water main in Ridge Road, northeaat from Ridge Road East Street approximately 380 feet. The Superintendent of Public Works was .instructed to submit a report on this request. 111 IIH Letter was received from Edward W. Gaudet re- Request for questing the extension of a water main in Hayward water in Avenue. ayward Ave. The Superintendent of Public Works was in- structed to submit a report on this request. The Chairman read a letter from the Middlesex County Commissioners relative to Theresa Avenue. Theresa The letter stated that the Commissioners believe this Avenue is a matter which should be taken care of py local authorities and they hesitate to make an order laying out the street as a public way and directing the Town to reconstruct same. The Clerk was instructed to acknowledge the letter and advise the Commissioners that the Board will reconsider the matter at some future time. Letter was received from Mr. Garrity, together with prices received by him for airplane spraying. The Clerk was instructed to check with Mr. Garrity to determine the amount of the appropriation and put this on the agenda for next week. Mr. DeFoe retired at 10:20 P. M. Letter was received from the Board of Fire II Engineers requesting permission to drill a hole through the brick wall in the rear of the Central Fire Station for the pipe for the exhaust from the auxiliary generator. The Board had no objection. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to grant the following uses of Use of Halls halls: Middlesex County Farm Bureau Estabrook Hall May 2 Lex. Field & Garden Club Cary Hall May 25 Lex. Senior High School Cary Hall June 11, 14 and 16 Upon motion of Mr. Driscoll, second by Mr. Hoyt Licenses it was voted to grant the following licenses: (renewals) Celia W. Johnson Concord Ave. & Waltham St. Sunday Sales L. J. Foss 1734 Mass, Avenue " " Clarence MacPhee 14 Baker Avenue Is e Benjamin W. Berman 13 Mass. Avenue Junk Dealer Clifford W. Flack 41 Outlook Drive Peddler Upon motion of Mr. Nickerson, seconded by Mr. Hoyt, it was voted to adopt an Order for the construction of a II water main in Tavern Lane from Percy Road southerly ap- proximately 250 feet. The meeting adjourned at 11:05. /f.-- ' �� er , S;/ ec =n.