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HomeMy WebLinkAbout1950-04-03-min 1 111 SELECTMEN'S MEETING April 3, 1950 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, April 3, 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 Clerk, met with the Board for the drawing of three jurors . Mr. David A. Long, Creditman, 53 Burlington Street, was drawn to serve on Criminal Business, 2nd Jurors session; Mr. Reuben Preston, Electrician, 18 Fair Oaks Drive, was drawn to serve on Criminal Business, 1st session; Mr. Lauren M. Burgess, Engineer, 227 Follen Road, was drawn to serve on Civil Business, 2nd session; George P. Langton, Sup't. , 25 Fuller Road was drawn to serve on Civil Business, 1st session. Mr. Carroll explained to the Board that he has checked into the borrowings on the so-called Liberty-Ledgelawn project and the proposed fire station in East Lexington. He has been guaranteed Borrowings 1i% on the $ 45,000 borrowing which, according to the vote• of the Town Meeting, calls for a nine year period . He recommended combining the two amounts making a total of $70,000. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to authorize the Town Treasurer to borrow the sum of $25,000 at $5,000 for five years and $45,000 at $5,000 for nine years. Mr. Carroll retired at 7 :10 P. M. Mr. DeFoe, Supt. of Public Works, met with the Board, and reported on Inspection Service for cast iron water pipe. He stated that he had re- ceived prices as follows : 14 per foot for 6"; Water pipe 1.3t per foot for 8"; 1.14 per foot for 10" and inspection 2� per foot for 12" . He further stated that for the estimated amounts, tentatively set up for pur- chase, the inspection would cost $124.40. Mr. Harold E. Stevens, Town Counsel, met with the Board at 7 :25 P. M. Mr. Stevens explained that an inspection should not relieve the Warren Pipe Co. of the warranty. Mr. Nickerson suggested that Mr. DeFoe discuss the subject with the Warren Pipe Company and report further next week. 2 � Mr. DeFoe reminded the Board that 137 spaces have been approved for parking meters and only 120 meters have been purchased. The matter was discussed and upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to eliminate meters at the following places : 14 meters on the inside curve at Depot Square, 1 at the corner of Grant Street and 2 on the right hand of Depot Square at the shrubs. The Board further agreed to erect One Hour Parking signs at Emery Park without making any actual change in the Traffic Rules and Re- gulations. Mr. DeFoe retired at 7:55 P. M. (returned at 9:00 P. M. ) At 8:00 P. M. hearing was declared open upon the petition of Gil Wyrner Co . , Inc. for permission to maintain one undergrcaimd tank for the storage of 5,000 gallons of gasoline, on premises off Wood Street, to be used in connection with the construe- Gasoline tion of Route 128. Permit Notice of the hearing was advertised in the March 23, 1950 issue of the Lexington Minute-Man and the application approved by Chief Roy A. Cook of the Fire Department. No persons appeared in favor or in opposition. The hearing was declared closed -and upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted that the application be approved and a license granted. At 8:15 P. M. hearing was declared open upon the petition of Kieran J. Lowry for permission to Gasoline increase the capacity of underground tanks for the Permit storage of gasoline from 6,000 gallons to 12,000 gallons on premises located at 286 Lincoln Street. Notice of the hearing was advertised in the March 23, 1950 issue of the Lexington Minute-Man and the application approved by Chief Roy A. Cook of the Fire Department. No persons appeared in favor or in opposition. The hearing was declared closed and upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted that the application be approved and a license granted . Letter, signed by five residents of the Five Forks area, was received relative to a building being erected near the intersection of Marrett Bldg. at Road and Lincoln Street. Five Forks The matter was referred to the Town Counsel who was instructed to contact the individuals. Mr. Stevens retired at 8:35 P. M. W 3 Mr. James Collins, Welfare Agent, met with the Board. He explained that the Welfare Depart- ment compensation plan now in effect provides for a maximum for the Agent of $3520. The increase in salary recently approved brings the maximum up to Welfare $3600. necessitating the submission of a new com- Dept. pensation plan to the Division of Civil Service . Comp. plan Mr. Nickerson inquired as to whether or not the new schedule would commit the Board to any yefrly increments and Mr. Collins replied in the affirmative. Mr. Hoyt asked if the Board would be required to give any increases next year even if the Select- men decided not to approve increases and Mr. Collins replied in the negative. The Chairman was authorized to sign the com- pensation plan submitted by Mr. Collins . Mr. Collins retired at 9:00 P. M. The following individuals, residents of Wood- haven, met with the Board : Messrs. Sullivan, Aiken, Walker and Rice. Mr. DeFoe, Sup' t. of Public Works, was also present . Mr. Aiken, spokesman for the group, said that they are not yet to the point where they are ready to take action relative to the acceptance of streets, but would like to begin an educational campaign as Woodhaven to the necessary requirements for the acceptance of streets. They would like to prepare a question and answer release describing the responsibilities and the rights of the persons living in Woodhaven as the matter now stands, what can be done about it, and how it is done. He explained that most of the home owners are persons who have not owned homes before or are people who have come here from outside the Commonwealth. They are not familiar with the way things are done in New England or their rights and responsibilities in this new development. The Chairman informed the group that all the streets, with the exception of Spring Street, are unaccepted. He explained that the Town plows unaccepted streets and furnishes lights, police and fire protection. He said that any road work that needs to be done is not the responsibility of the Town no matter how bad it gets. He explained that if the Town did work on an unaccepted street, under Massachusetts law, the Town would then be in a position where liability can be imputed to the Town for six years . He said that a municipality is liable for accidents that occur on its streets and as soon as the Town dumps fill to take care of holes, it has, by law, picked up that street as a responsibility and therefore it has been the hi L policy of the Board never to do any work on un- accepted streets . He stated that if the streets wear out anything to be done will have to be done by contribution by the neighbors . He said that if the streets are so bad that the fire apparatus cannot get through, he was afraid that the answer is still the same. Mr. Aiken asked if the fact that the streets are marked as private ways indicated that the property owners are relieved of the responsibility. The Chairman explained that the private way marking makes it clear to anyone that it is not an accepted street. He said that the first step in having a street accepted is to file a request with the Board stating that they would like the town to consider acceptance of the streets and an estimate of the cost. The Board then refers it to the Superintendent of Public Works end Town Engineer. A survey would be made and an estimate figured as to the cost per linear foot to construct the streets under the town's specifications. He said that the total possible cost would be the total possible cost of the street with 2" hot top laid in two courses, and further explained that the Selectmen are now using the formula of eliminating from the cost to the abutter, the short side of any lot that is on a corner; the charge being made for the longer side. The cost for intersections is also eliminated and if there were a drainage problem the Board would figure as a cost to the abutter what the Board and the Town Engineer felt was a proper percentage of the drainage problem. The Chairman said that the petitioner would be sent a long sheet to be signed by the abutters, giving them an idea of what the estimated cost would be to build the street, leaving out the squares at the intersections and the short sides on corners. That cost, with those deductions, is divided into the several frontages . He explained further that the cost to the abutters is payable over a ten year period. He stated that if the abutters agreed to have the streets constructed the Board would then recommend acceptance at a Town Meeting at which time an appropriation would be requested . He said that the actual cost could be higher or lower than the estimates given to the abutters . Mr. DeFoe suggested that if and when a petition is presented for acceptance that as many signatures as possible be obtained. The Chairman said that the Board would not recommend the construction of a street with less than one-half of the owners having signed for it. 5 I The Board prefers to have at least two-thirds of the owners sign. Mr. DeFoe explained that the paved surface will be 24' and a rough estimate of the cost would be 45.00 per linear foot, not including sidewalks . The group, with the excepticnof Mr. DeFoe, I retired at 9 35 P. M. The DeFoe presented a plan of Webb Street showing 1 the property of individuals who have signed for the extension of a water main as well as the property of those who will not sign. Water Inasmuch as the property owners who do not want Webb St. the installation represent more than half the front- ages on the street, Mr. Driscoll moved that the in- stallation be postponed. Mr. Hoyt seconded the motion, and it was so voted. Mr. DeFoe presented each member of the Board with a copy of the quotations he received on cast iron fittings . Cast Iron Mr. Nickerson moved that the Supt. of Public Fittings Works be authorized to place an order with the Warren Pipe Company for the Short Body fittings, totalling 01223.47 . Mr. Gay seconded the motion, and it was so voted. 1 II Petition was received for the acceptance of Butler Avenue, a copy of which was given to Mr. DeFoe and Mr. Burns. Butler Ave. The Selectmen felt that, due to the construction Article program already authorized by Town Meeting, this could not be considered before a Fall Town Meeting. It was agreed that during the late summer the Town Engineer would make a survey. Specifications were received from the Board of Fire Engineers relative to the purchase of a car Fire Dept. for the Chief Engineer. The Chairman reminded the Car Board that two bids have also been received on the purchase of a car for the Police Department. Mr. Driscoll moved that any decision relative to the bids be held over until the Special Meeting of the Board on Thursday evening, April 6. Mr. Hoyt seconded the motion and it was so voted . The Chairman read a letter from the Chief of "Police in reply to the Board ' s request for infqp(�rmation as to Al). Night the advantages and disadvantages of al night lighting Lighting in Lexington Center. The chief very d finitely is in favor of all night lighting, not only in the Center but all over Town. 11 san c It was agreed that the Sup►t. of Public Works should advise the Boston Edison Com- pany that the Selectmen intend to have all night lighting in Lexington Center es orginally agreed upon. Letter was received from the Chirman of the Planning Board, confirming a telephone con- versation with the Chairman of the Board of Special Selectmen relative to a Special Town Meeting Town Meeting to be held on May 8th. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to call a Special Town Meeting for Monday, May 8, 1950. Sewer Upon motion of Mr . Nickerson, seconded by Mr. Order Gay, it was voted to adopt a sewer order for Hayes Lane in the following form: COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington ORDER FOR CONSTRUCTION OF SEWER The Board of Selectmen of the Town of Lexington, acting in pursuance of the provisions of Chapter 504 of the Acts of 1897 and all acts in addition thereto and in amendment thereof, and of every other power and authority hereto enabling, at a meeting duly held this third day of April, 1950, has laid out and voted to construct a common sewer in Hayes Lane, a way in said town opened or dedicated to the public use which has not become a public way, as more fully shown on a plan entitled "Plan of Proposed Sewer in Hayes Lane, Lexington Mass . , Scale 1 in. = 40 ft. March 30, 1950, William M. Burns, Town Engineer", abutting the premises numbered 2, thereon designated as lot #7 on the Assessors ► Plans and does hereby ORDER that the same be constructed in said location. A plan entitled "Plan of Proposed Sewer in Hayes Lan, Lexington, Mass. , Scale 1 in. = 40 ft. March 30, 1950, William M. Burns, Town Engineer" is to be recorded herewith all in compliance with vote taken at the Adjourned Town Meeting held on March 20, 1950, as follows : "VOTED: that the Selectmen be and they hereby are authorized to install sewer mains in such accepted or unaccepted streets or other land as the Selectmen may determine in accordance with Chapter 504 of the Acts of 1897 and all acts in amendment thereof, and in addition thereto, or otherwise, and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necess ry or appropriate therefor, and to appropriate for payment thereof the sum of $58,000 of which $30,000 are to be tr€,nsferred from the Sewer Assessment Fund, and the balance of 428,000 is to be transferred from the Excess and Deficiency Account ." 7 That the work be done by, or under the direction of, the Superintendent of Public Works who shall as soon as feasible after the completion thereof, together with the Town Engineer, compute the expense of the same and return to this Board an account thereof, and that thereafter, one half (2) of the cost of the con- struction thereof shall be assessed upon the estates specially benefited thereb , under and subject to the provisions of Chapter 221 of the Acts of 1926. And it is further ordered that a copy of this order, attested by the Clerk of the Board, be filed for record in the Registry of Deeds for the Southern District of said County, as a statement of our action in the premises, in compliance with the pro- visions of Section 27 of Chapter 83 of the General Laws. The Assessments so to be made are estimated, and the estates upon which assessments may be so made, are numbered in the numbering of said street or other- wise designated, as set forth in the schedule hereto annexed and made a part hereof . /s/ Donald E. Nickerson Selectmen /s/ William W. Driscoll /s/ Lewis L. Hoyt of /s/ Frederick M. Gay Lexington Attest: Hazel J. Murray Clerk , Selectmen TOWN OF LEXINGTON Schedule of estimated assessments, and estates to be assessed annexed to Sewer Order for con- struction of sewer in Hayes Lane House Lot Number Number Area Supposed Owner Assesment 2 7 8,500 Lexington Veterans of W.O4.55 Foreign Wars, Inc. 6 -- - S Upon motion of Mr. Hoyt, seconded by Mr. Water Driscoll, it was voted to adopt a water order Order for Hudson Road in the following form: ORDER OF TAKING By the Town of Lexington of Easement for the Construction of a Water Main HUDSON ROAD From Woodcliffe Rd. easterly to Cutler Farm Rd , distant approxiately 560 feet. WHEREAS, at a meeting duly called and held on March 20, 1950, the Town Meeting of Lexington pursuant to an article in the warrant of the meeting for which due notice was given, duly adopted by unanimous vote the following vote and made an appropriation therefor : VOTED: That the Selectmen be and they hereby are authorized to irs tall water mains not less than six inches but less than sixteen inches in diameter in such accepted or unaocetped streets or other land as the Selectmen may determine, subject to the assessment of betterments, or otherwise, and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary or appropriate therefor, and to appropriate for payment thereof the sum of 4p61,500, of which 145,000 are to be transferred as follows :- 0.0,000 from the Excess and Deficiency Accoutn, $25,000 from the Water Assessment Fund, and 110,000 from the Water Department Available Surplus Fund : and the balance of $16,500 is to be raised by direct assessment . AND WHEREAS, the right of way and easement hereinafter described and taken are necessary for the establishment and maintenance of the said water main; NOW THEREFORE, the Board of Selectmen of the Town of Lexington, acting as a Board of Water and Sewer Commissioners, for and in b ehalf of the said town, by virtue of the authority con- ferred upon them by the foregoing vote and of every other power them thereto enabling, hereby adopt this order of taking by eminent domain, for the said public improvement for the purpose of constructing and maintaining a water main in Hudson Rd. from Woodcliffe Rd . easterly to Cutler Farm Rd. distant approximately 560 feet as aforesaid, the following easement namely: The right to enter upon the land shown as Hudson Rd. in a plan entitled, "Plan of Proposed Water Main in Hudson Rd. Lexington, Mass. Scale 1 in.= 40 ft. Jan. 30, 1950 9 William M. Burns, Town Engineer", and owned by Macland Inc. , and construct therein a line of water main with all necessary connections, shut-offs, and appurtenances substantially as shown on a plan of William M. Burns, Town Engineer, dated Jan. 30, 1950, to be recorded .herewith. The easement covered by this taking includes the right on the part of the Selectmen of the said town or other duly authorized agents of the town to enter upon, dig up, open and use the land embraced within the said way as may be reasonably necessary for the purpose of initially constructing and thereafter main- taining, operating, inspecting, repairing and replacing from time to time the said water main, (the said town being always bound to see that the ground after the completion of the work in each case is cleared of all surplus material and surface left in as smooth and good condition as at the time of entry. Betterments will be assessed for this improvement in accordance with the provisions of Chapter 80 of the General Laws. The area which it is expected will receive advantages other than the general advantage to the community from such improvement comprises the several lots shown upon the plan of William M. Burns, Town Engineer, above referred to, which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that would be assessed upon each said parcel of land to be as shown in the said schedule. We determine that no damages have been sustained and none are awarded. To have and to hold the said easement to the Town of Lexington, its successors and assignay to its and their own use and behoof forever agreeable to the provisions of said Chapter 79 of the General Laws and all pertinent acts in amendment thereof or supplemental thereto. INWITNESS WHEREOF the undersigned being a majority of the Board of Selectmen of the Town of Lexington aforesaid have hereunto subscribed our names this 3rd of April, 1950. /s/ Frederick M. Gay Selectmen /s / William H. Driscoll of /s/ Lewis L. Hoyt Lexington /s/ Donald E. Nickerson 10 mez COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. April 3, 1950 Lexington, Mass. Then personally appeared the above named Reerge-We-Emery, Frederick M. Gay, William H. Driscoll, Donald E. Nickerson and Lewis L. Hoyt and severally acknowledged the foregoing instrument by them subscribed to be their free act end deed and the free act and deed of the Board of Selectmen of the Town of Lexington, before me, /s/ Hazel J. Murray Notary Public Mr. DeFoe retired at 10:45 P. M. Letter was received from the Lexington His- Sign for torical Society asking if the Board would permit Ellen a sign "Robbins - Stone House Built 1716" to be Stone placed on the old Ellen Stone House at 1295 Mass- House achusetts Avenue. Upon motion of Mr. Hoyt, seconded by Mr. Nickerson, it was voted to grant the request insofar as the Board has any control. A letter was received from Norman J. Beckett, Tax title 48 Valley Road, Lexington, offering 3220 for Lots property 1 and 2, Block 69, and Lots 11 and 12, Block 75, Valley Road. Mr. Hoyt moved that Mr. Beckett be advised that the Board will entertain an offer of $350 for these lots. Mr. Driscoll seconded the motion, and it was so voted. A letter was received from William J. Heafey, 32 Burnside Avenue, Somerville offering the sum of $100 for lot 43, Hillcrest Street. Mr. Hoyt moved that Mr. Heafey be advised that the Board will entertain an offer of $275 for this lot. Mr. Driscoll seconded the motion, and it was so voted. A letter was received from Wallace E. Foskett, 98 Orchard Street, Somerville offering the sum of $100 for lot 42, Hillcrest Street. Mr. Hoyt moved that Mr. Foskett be advised that the Board will entertain and offer of $275 for this lot. Mr. Driscoll seconded the motion, and it was so voted. x1 A letter was received from Albert C. Tuff, 70 Magnolia Street, Arlington offering the sum of $100 each for lots 64 and 66 on Grape Vine Avenue. Mr. Hoyt moved that Mr. Tuff be advised that Tax Title the Board will entertain an offer of $200 each property for these lots. Mr. Gay seconded the motion, and it was so voted. A letter was received from John E. Hossfield, 128 Reed Street, Lexington offering the sum of $25 each for lots 1, 2 and 3, Block 92, Essex Street. Mr. Hoyt moved that Mr. Hossfield be advised that the Board will entertain an offer of $150 for these lots. Mr. Gay seconded the motion, and it was so voted. Request was received from John J. Shaughnessy, 44 Garfield Street, Woburn, for a permit to move a Permit to house from 75 Valley Road to lots 24, 25 and 26 move Valley Road. The house is 43 ' x 27 ' and approximately bulding 18' high. It is now in the location of Route 128. Mr. Driscoll moved that the request be granted and a permit issued. Mr. Hoyt seconded the motion, and it was so voted. Application was received from Rev. T. F. Murphy, on behalf of the Sacred Heart Church, for the use of Use of Hall Cary Hall on May 17, 1950 from 8:00 P. M. until mid- night for an Annual Reunion. Mr. Hoyt 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 the Veterans of Foreign Wars for permission to conduct an Annual Ball in Cary Hall on the evening of April 19, 1950 from 8:00 P. M. until midnight. The Clerk reported that the Chairman of the April 19th Committee advised her that the Committee has agreed to let the Veterans conduct the Ball. Mr. Driscoll moved that the use of the hall be granted and considered one of the organizations free uses. Mr. Gay seconded the motion, and it was so voted. Application was received from Richard P. Cromwell, Chairman of the Planning Board, r equesting permission to hold a public hearing in Estabrook Hall on the evenings of April 25, 26 and 27, relative to the proposed Zoning By-laws. 12 The Clerk informed the Board that the use of Cary Hall has been granted to the Middlesex Use of Hall County Farm Bureau on the evening of April 26 for a banquet and dance for which use a charge of $35 has been made. The Clerk was instructed to contact Mr. Cromwell and endeavor to make arrangements satisfactory to both groups for the two uses on the same evening. Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted to grant the following Licenses licenses : Chester W. Fillmore Pedlerts License Renewal Lexington Theatre Sunday Movies Countryside Associates, Inc.Sunday Golf " Further consideration was given to the 1950 contract for the collection of garbage. Mr. Nickerson suggested that bids be solic 'ted from Connors Bros . and from William G. Potter. Garbage The Chairman said that he doubted very Bids much if Mr. Potter would bid because of his friendship with the Connors Bros. and that he has never bid against them. Mr. Hoyt agreed with the Chairman. Mr. Nickerson moved that the Board solicit bids for the collection of garbage in Lexington for one year from Connors Bros . and William G. Potter. Mr. Driscoll seconded the motion and it was so voted. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to make the following annual appointments. Appointments Bridge Charitable Fund Trustee Clarence S. Walker (Term expires 3/31/56 ) Dental Clinic Mrs. Vincent Burke Mrs . John Rich Thomas S. Grindle Fence Viewers Stanley A. Higgins John J. Garrity Field Drivers Benjamin W. Day John W. Rycroft Gammell Legacy Income, Trustees Harold F. Lombard (Acting with Board of Public Mrs . Robert C. Merriam Welfare ) l3 Registrar of Voters Leon H. Truesdell (Term expires 3/31/53 ) Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to appoint the following individuals as Special Police in the Town of Lexington for a term ex- piring March 31, 1951: (See Selectmen's file - 1950 - Special Police ) The meeting adjourned at 11 :20 P. M. A true record, Attest: Cler , lectmen,