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HomeMy WebLinkAbout1950-04-17-min 25 SELECTMEN'S MEETING April 17, 1950 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, April 17, 1950, at 7;00 P. M. Chairman Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt were present. The Clerk was also present. Mr. James J. Carroll, Town Treasurer, met with the Board to report the results of bids secured by him for the $45,000 East Lexington Fire station loan and the 425,000 Liberty-Ledgelawn street con- struction loan. He informed the Board that the bid Borrowing of the First National Bank of Boston was 100.49 with accrued interest, and a coupon rate of 1 1/4 percent. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to accept the bid of the First National Bank and to approve borrowing a total of $70,000 for financing the construction of Liberty Avenue, Ledgelawn Avenue, Hamilton Road, Braemore Terrace and Hillside Terrace. Mr. Carroll retired at 7:05 P. M. and Mr. DeFoe, Supt. of Public Works, met with the Board. The Chairman read a petition, signed by residents of Aerial Street, requesting the Board to take "all necessary steps to finish the street." Aerial Upon motion of Mr. Gay, seconded by Mr. Street Nickerson, it was voted to refer the petition to the Engineering Department for preliminary study,. Request received from A. Clifford Fletcher for the installation of a water main to service a Water for house to be constructed on Lots 90 and 91 Wachusett Wachusett Drive was held over from last week. Drive Mr. DeFoe presented a sketch of the area and explained there is ledge in the street. He re- commended the installation of about fifty feet of pipe and assessing Mr. Fletcher for the tva com- plete lots. He informed the Board that the appli- cant will pay for the assessment any way at all just as long as he gets the water. Mr.' DeFoe was instructed to check further in an effort to determine where the end of the existing main is located. Further consideration was given to the betterment assessments, as figured by the Superintendent of Public Works and the Town Engineer, for the construction of Colony Road. 26 The Chairman explained that some members. of the Board went down to Colony Road last Saturday and bad determined how the betterments should be Colony figured. Road Upon motion of Mr. Hoyt, seconded by Mr. Assessment Driscoll, it was voted to figure the betterment assessments for the construction of Colony Road as follows: Divide the total cost of the work by two (2); then divide half fl/2) the cost of the work by twice the length. This will give the rate per assessable foot of frontage to be used in determining the betterment. Mr. DeFoe reported on request received Water from Mr. Berglund for the extension of a water Tavern main in Tavern Lane. He presented a plan and Lane explained that there are two ways in which the extension may be made. One is to go down Percy Road and the other is to enter from Eliot Road. He has discussed this subject with Mrs. Lyon who owns three parcels of land upon which a betterment assessment would be levied. The Chairman stated that, considering the total cost, it would be less expensive for the Town to make the extension from Eliot Road. and asked if Mrd.1 Lion massa titiceettheoctornuLA,his Mr. DeFoe presented a plan of the Lexington Nurseries, showing a house that Mr. May, owner of ' Mr. May the nurseries, has sold and for which he has re- requests quested a water service. He also wants the town water service to repair the present line which is leaking. Mr. DeFoe said that, in his opinion, this is a private line, the house is not on a street, and he feels the Town has no responsibility. The subject was held over for one week. At 7:45 P. M. a Mr. Emend met with the Board and explained that he is a business associate of Innis Mr. Robert Innis, who has applied for the extension request of approximately 800 feet of water main on Ellison for Road. The Board had previously advised the petitioner water that the request would be placed on file but that no commitment would be made that the work could be done in 1950. Mr. Harold Stevens, Town Counsel, met with the Board at 7:50 P. M. **understood the situation. Mr. Defoe said that he had discussed the matter personally with Mrs . Lyon and that he would also take the form to her for signatures . 27 Mr. Emond stated that Mr. Innis has been ill for a long time and must dispose of his property. He asked if, by meeting an/ additional financial requirements, the water could be extended. The Chairman stated that he does not know how the Suptt. of Public Works and the Town Engineer feels about this request, but offhand the situation is one- which the Selectmen felt was something that they did not feel should be given preference over- other requests. He explained that- this particular area also involves a serious drainage problem. Mr. Emond said that he understands that developers are now required to install water at their own expense and asked if Mr. Innis could proceed with the installation on that basis. The Chairman asked if Mr. Innis would be willing to pay for the installation and Mr. Emond replied in the affirmative. He further stated that Mr. Innis has plans for drainage. He agreed to have Mr. Innis submit a letter to the Board stating that he would be willing to install the water at his own expense. Mr. Innis retired at 8:50 P. M. Mr. DeFoe informed the Board that the time on Raimots contract "B" has expired and Mr. Raimo requested Raimo an extension of 60 days. Mr. DeFoe discussed the subject Contract with Metcalf and Eddy and it was agreed that a schedule n$n should be obtained from Raimo before any extension of time is considered. He said that Metcalf and Eddy will write to Raimo and that he intends to call Raimo in and have a talk with him. Mr. Stevens said that he thought some action should be taken as quickly as possible and agreed to call the bonding company and arrange a conference to discuss this subject further. Mr. DeFoe reported on the status of Greenoughts contract "A" and said that he had an inspection made. The year expires tomorrow and on April 14th Metcalf & Contract Eddy wrote a letter to Greenough calling his attention "A" to three locations where leaks occurred and directed him to make repairs in accordance with his contract, but as yet no reply has been received. Mr. Stevens agreed to contact the attorney tomorrow. The Chairman informed the Board that Mr. Newhall, Chairman of the 19th of April Committee, had telephoned and suggested that the street lights be left on all night Tues- day, April 18th. Mr. Hoyt moved that the Suptt. of Public Works be II authorized to arrange to have the lights on all night, Street April 18th, in conjunction with the proposed celebration, Lights Mr. Gay seconded the motion and it was so voted. 28 Mr. Stevens presented, for the Board's signature, a deed conveying lots 165, 166 and 167 on Tarbell Deeds Avenue to Robert H. Moore, Jr. and Elizabeth D. Moore; confirming and correcting a tax title release, erron- eously executed in 1919. Mr. Driscoll moved that the deed be signed and recorded. Mr. Gay seconded the motion and it was so voted. At 8:30 P. M. the following property owners, living on Cary Avenue met with the Board: Handel Rivinius, Albert Tufts, Harmon Fawcett, Frank Mattson and John Faucette. Mr. Rivinius, spokesman okesman for thegroup, said that they would like to know what can be dne out Cary Avenue, The Chairman explained that, as he understands the situation, if the town made entry on a private way and, Cary had any fill put in, the town then has a la'pility *high Avenue exists for six years and for that reason the town has never done any work on unaccepted streets. He stated that where a street is petitioned for acceptance, as Cary Avenue could be, by the abutters, the town would survey it and see what needed to be done in the way of drainage as well as the actual construction of the street, an estimate of the cost figured and the abutters advised as to what the cost would be to them. He further explained that if the property owners still wanted to proceed, the Board would include an article in the warrant for the next Town Meeting to have the street voted for acceptance. The actual cost would be figured and the abutters would be charged whatever percentage of the total cost was felt to be a definite benefit to the abutter. The Chairman stated that the Board has been using, in general, subject to some changes, a formula under which the Board assessed as betterments to the indiv- idual abutters, the total cost of construction plus one-half of any drainage that may be installed in the street. He explained that after the payments have been assessed and all the abutters told what their bill would be, if they do not agree with the decision of the Board and feel that the assessments are excess- ive, they can meet with the Board and ask to have the assessments reviewed. If any abutter is still not satisfied he may take the case to Court for trial by jury. Mr. Rivinius asked if there are different types of streets. The Chairman replied that at present the Board would presumably instal in Cary Avenue what is known as a hot-top street--two inch thickness of bituminous concrete. He explained that the Board does not know how much cheaper hot-top is because only one contract has been let for this type of construction and the 29 work has not as yet been completed, but he thought ' it might be $1.00 or x$1.25 cheaper per foot. One individual asked if the sewer would be in- stalled if and when the street were constructed. The Chairman replied that it would be a matter of time, and explained that the town has been trying for a year to get the sewer through Scott's *foods, but that it might be out to Marrett Road by Labor Day. Another individual asked if laying a sewer would add to the cost and the Chairman replied that it would cost considerLble more, but that it would be less ex- pensive to put it in when the street and drainage is done. Mr. Rivinius said that apparently the first step was for the group to have a petition signed by as many Curtin's people as possible and request that a survey be made 2nd Class and costs figured. Agent The group retired at 8:40 P. M. License Mr. Daniel P. Curtin met with the Board relative to his application for a Second Class Agent's License to do business at 435 Marrett Road. The Chairman explained that the Board, in general, does not enthuse much over second-hand car locations, and that the Board had in the past received a complaint about this general area because of the operation of the filling station. He explained that the Board denied the application because the members do not think it the proper place to start a second hand car shop. Mr. Curtin said that he does not intend to have old used cars on the property, but that they will all be late models and at no time will he have more than four on display. The Chairman asked if he intended to use the site of the old gasoline station and he replied in the af- firmative. Mr. Gay asked if there would be any repair work done and Mr. Curtin replied in the negative. He ex- plained that he intends only to display and sell second hand woes, and that he is not going into the repair business. The Chairman asked if the proposed business meant much of an investment and Mr. Curtin replied in the negative. The Chairman asked if he owned the property and he replied in the affirmative. The Chairman asked if there was anyone in the im- mediate area that would object and Mr. Curtin replied in the negative. The Chairman stated that the Board would review the subject and Mr. Curtin retired at 8 :40 P. M. 30 vt The following members of the Plahning Board met with the Selectmen: Chairman Cromwell, Messrs. Adams, Johnson, Potter, Couette, Ripley and Burns. The Chairman explained that requests received by the Board for water main extensions have raised ilPlanning the question as to whether some of them should be Board re decided upon by the Selectmen and done under the Water Betterment Act or whether they come under the head- Extensions ing of new subdivisions and should be considered by the Planning Board. He said that the Board is interested in arriving at some formula for deciding close eases. Dor. Cromwell asked the Chairman to define close cases and he mentioned the request for 1500 feet of pipe received from Mr. Ryder for Sherburne Road, Dane Road and Kendall Road. He stated that some pipe has been installed in Dane Road, but none in Kendall Road. The questions is on Kendall Road -- is it a new development or part of an old one. Mr. Cromwell said that he did not believe the Planning Board had considered that particular phase. Mr. Stevens stated that if the individual peti- tioning for water is not asking for streets, he wild,_ not have to meet with the Planning Board and, there- fore, he must petition the Selectmen for waters Water Any agreement for water in such a case would be be- Formula tween the builder and the Selectmen. for close The Chairman suggested the formula that in cases cases where the Building Inspector could issue a building permit for the land, it would be within the Selectmen's jurisdiction to extend the water. If,am the other hand, the Building Inspector cannot issue. a permit the case will be one for the Board of Survey to de- termine. The subject was discussed at length and the Chairman said, and all present agreed, that if the Selectmen receive a request for water to serve lots for which the Building Inspector has no tight to issue a building permit without action by the Board of Survey, the Selectmen would refer it to the Board of Survey. The group retired at 10;20 P. M. At the request of the Chairman, Mr. Gay con- ducted the meeting for the remainder of the evening. The Board gave further consideration to Mr. Wallace E. Foskett's offer of $275 each for lots 42 and 43 Hillcrest Street, Lexington. A proposal to sell these lots was advertised in the April 13, 1950, issue of the Lexington Minute-Man. No persons contacted the Selectmen's Office as a result of the advertisement. 31 Mr. Gay moved that the offer be accepted and that Tax lots 42 and 43 Hillcrest Street, Lexington, be sold Title and conveyed to Wallace E. Foskett. Mr. Nickerson Property seconded the motion and it was so voted. A letter was received from John E. Hossfield, 128 Reed Street, Lexington in reply to the Chair- man's. letter of April 18, 1950, with reference to his offer to purchase lots 1, 2 and 3, Block 92, Essex Street. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted not to make any change in the price of $150 for the three lots as pre- viously entertained by the Board. Letter was received from Mr. James E. Collins, Public Welfare Agent, advising the Board that there is no one of the Welfare rolls at the present time who would be fitted to be a Special Police Officer for traffic duty on Route 128 construction. Mr. Emery explained that Mr. Connolly of Bed- ford Street telephoned him and stated that he thought Special it was unfair to have Firemen and Policemen working Police as Special Officers when there might be men who need employment. He also suggested that the Board advertise in the Minute-Man for men to take these jobs. Mr. Emery told Mr. Connolly that he would take this sub- ject up at the next Board meeting. Mr. Driscoll stated that he was talking to the Chief of Police who told him that he would like an opportunity to discuss this subject with the Board. It was, therefore, agreed to make an appointment for the Chief to meet with the Board next Monday night. Letter was received from The Arahitecta Collab- orative, together with contract in duplicate for the proposed toilet facilites at the Center Playground. The Clerk was instructed to forward a copy of the letter and the contracts to the Town Counsel. Upon Motion of Mr. Nickerson, seconded by Mr. Hoyt, it was voted to renew the following licenses: Countryside Associates Lowell Street Sunday Golf Lexington Theatre Mass. Avenue Sunday Movies Daniel Curtin 442 Marrett Road Sunday Sales (renewal) Lex. Cab Co. Inc. 11 Depot Square Public Carriage " Letter was received from Mr. William H. Ballard declining the appointment as a member of the Town Manager Committeee. The meeting adjourned at 10:55 P. M. A true record, Attest: /2/ ectulen.