HomeMy WebLinkAbout1951-12-10-min 74
SELECTMEN'S MEETING
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December 10, 1951 `""•
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A regular meeting of the Board of Select-
men was held in the Selectmen's Room, Town
Office Building, on Monday evening, December
10, 1951, at 7:00 P.M. Chairman Nickerson,
Messrs. Emery, Gay, Hoyt and Driscoll were
present. The Clerk was also present.
Hearing was declared open upon petition
of the Boston Edison Company and the New
England Telephone & Telegraph Company for
joint locations of poles on Cary Avenue. No
persons were present in favor or in opposition
to the proposed locations which were approved
by Mr. Burns.
Upon motion of Mr. Finery, seconded by Mr.
Driscoll, it was voted to approve the locations
and sign the order for the following:
Cary Avenue, northeasterly from a
point approximately 50 feet north-
east of Shade Street. Four (4)
poles. (Four existing JO poles to
be removed. )
Hearing was declared open upon petition
of the New England Telephone and Telegraph
Company for permission to lay and maintain
conduits in Waltham Street. No persons were
present in favor or in opposition to the pro-
posed locations which were approved by Mr.
Burns.
Upon motion of Mr. Gay, seconded by Mr.
Driscoll, it was voted to approve the location
and sign the order for the following:
Waltham Street, from pole 195/53
located approximately fourteen
(14) feet northeasterly from north-
east street line intersection of
Farmcrest Road, northeasterly to
a pole 195/52 approximately sixty-
two feet (62) underground conduit.
Mr. Burns met with the Board at 7:10 P.M.
Petition was received from the Boston
Edison Company and the New England Telephone
& Telegraph Company for approval of pole
locations on Wood Street. (Approved by Mr.
Burns. )
Upon motion of Mr. Emery, seconded by Mr.
Hoyt, it was voted to approve the locations
and sign the order for the following:
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111 Wood Street from a point approx-
imately three thousand two hundred
and for nine feet northwest of
Mass. Ave., northwesterly. Set
six (6) poles. Remove seven (7 )
poles.
Petition was received from the Boston Edison
Company and the New England Telephone & Telegraph
Company for approval of pole location on Follen Pole
Road. (Approved by Mr. Burns. ) Location
Upon motion of Mr. Gay, seconded by Mr.
Finery, it was voted to approve the location and
sign the order for the following:
Follen Road - southerly from Locust
Avenue, One (1) pole.
Mr. Burns presented a sketch entitled "Plan
of Building for Town of Lexington", 4'x6' , 8"
block to house the Civil Defense motor generators. Civil
He informed the Board that he had received a bid Defense
from Custance Bros. in the amount of *485.00. Generators
Upon motion of Mr. Driscoll, seconded by Mr.
Emery, it was voted to accept the bid, payment to
be charged to the Civil Defense appropriation.
Letter was received from Mrs. Winifred Holman,
275 Concord Avenue, questioning the water bills Holman
which she has received. Mr. Burns presented records Water
of the Water Department and stated that Mrs . Holman Bill
apparently used the water for which she was charged.
The Chairman requested Mr. Burns to reply t6 Mrs.
folmen's letter.
The Chairman read a letter from James F.
Corrigan, 40 Bedford Street, advising that Mrs.
Corrigan tripped over a flag pole holder a few
yards away from the Minute-Man Statue. He reported
that Mr. Corrigan called him on the telephone and
from his conversation did not appear to be seekfig Corrigan
payment. Accident
Mr. Burns said that he had received a report
on this from the Police Department and referred it
to Mr. Stevens.
Upon motion of Mr. Driscoll, seconded by Mr.
Emery, it was voted to forward the letter to Mr.
Stevens and left to his discretion
The Chairman suggested, and Mr. Burns agreed,
that Mr. Garrity check all of the flag pole holders
to make sure that there are no others protruding.
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Letter was received from the State Depart-
ment of Public Works with reference to removing
snow from a portion of Route 2A, a distance of
Snow 0.20 miles.
Removal Upon motion of Mr. Emery, seconded by Mr.
Gay, it was voted to continue the arrangement
followed for the past several years whereby
the State will remove snow from the entire
length of Maple Street and the Town of Lexing-
ton will plow all of Massachusetts Avenue.
Letter from the County Commissioners,
together with suggested form of petition, in
Chapter 90 anticipation of possible highway work on Con-
Concord Ave. cord Avenue next year was held over.
Mr. Burns explained that he had checked
with the Commissioners' Office and was informed
that the Town may still choose what project is
to be done, but Concord Avenue is the only pro-
ject for which no petition has been filed.
Upon motion of Mr. Emery, seconded by Mr.
Driscoll, it was voted to petition the County
for relocation of Concord Avenue and specific
repairs.
Application for abatement of sewer better-
ment assessment on Lots 1, 2, and 5 Marrett
Road were received from the office of George
A. McLaughlin, et al, on behalf of Robert J.
Fawcett.
Application for abatement of sewer better-
ment assessment on Lot 4 Marrett Road was also
received from the office of George A. McLaughlin,
Fawcett et al on behalf of Richard B. Fawcett.
Sewer fir. Burns presented the Board with a sketch
Betterments of the lots involved and informed the Board that
Mr. Fawcett is not connected with the sewer.
Mr. finery suggested, and the Board agreed,
that this subject be discussed with Town Counsel
and Said that he could not see how the assess-
ments could be abated if the Board is to be con-
sistent with action taken on other requests
for abatement.
When Mr. Stevens arrived at the meeting
the situation was explained to him and he sug-
gested that the Chairman invite Mr. McLaughlin
to meet with the Board to discuss the matter.
Letter was received from Alfred P. Tropeano,
Breslin representing Robert Breslin, 2227 Massachusetts
Land on Avenue, regarding a small triangular parcel of
Mass. Ave. land now owned by the Town; this particular
piece of land resulting from the relocation of
Massachusetts Avenue. Mrr. Breslin would like to
purchase it as it is located in front of his
house.
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Upon motion of Mr. Emery, seconded by
Mr. Gay, it was voted to sell the land for
not more or less than a similar piece was sold
to Mr. Breslin' s brother, but with the under-
standing that his attorney is to take care of
the details.
When Mr. Stevens arrived at the meeting
at 7:40 P.M. he explained that when Warren
Breslin purchased a piece of land in front
of his house, the article was so written that
the strip in front of Robert Breslin's house
can be conveyed without further action by
Town Meeting.
Mr. Burns retired at 7:55 P.M. and Messrs.
Roeder and Fitzgerald of the Fire Commissioners
met with the Board.
Mr. Roeder said that the Commissioners
would like to run a tapper up to his house by
way of Richard Road, which will be where Mr.
Fitzgerald will be living in a year or so. He
said that it involves expenditure of money
which hes aid that he would pay for, but he
has been told that this is something for which
he need not pay and that there are funds to take
care of it. He said that there is need of a fire
box at the corner of Pollen Road and Richard
Road and if a box is located there the wires Tappers
can be run to his house. for Roeder
The Chairman inquired as to the cost and and
Mr. Roeder said that running the wire and put- Fitzgerald
ting the box in will be about $250; to do the
location of his house is the difference between
that and $460.
The Chairman asked about the expenses in-
volved if Mr. Fitzgerald moves down to Richard
Road and Mr. Roeder replied that it would be
about $15.
The Chairman said that the Board would
consider the subject and let the Fire Com-
missioner know its decision.
Mr. Driscoll asked about a tapper in Mr.
Sheldon's house and Mr. Roeder replied that
Mr. Sheldon is not interested in having one
in his house.
Messrs. Roeder and Fitzgerald retired
at 8:03 PAM. and Mr. Burns returned to the
meeting.
Mr. Stevens reported that he went through
Mr. Wrightington's file of the Stevens land
damage case, but he could not find any point
in it where the question of whether a gravel
pit could be considered under the Zoning By-
law.
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There was no litigation• of whether the gravel
pit could be operated under the Zoning.
The Chairman reported that during the
week he went over and saw the sharp bank going
down to the water and got in touch with Town
Counsel and was advised by him to call Doctor
Shannon, which ha did. He told Doctor Shannon
that the shelf he was talking about was.
entirely lacking. This morning they went over
and walked around the pit. Doctor Shannon stated
that the maximum depth of digging would be 27 '
below the main level of the pit. The Chair-
man said that Mr. Burns ran a test and found
that all the water can be lowered, by a new
drainage pipe under the road to Butterfield's
Pond, is two feet. He said that if this works
out the way the Doctor promises, and- Mr. Burns
says it can, there will still be some points
in there eighteen feet deep. Doctor Shannon
said that the 25' shelf would be constructed
by a bulldozer where it now fails to exist.
This would be done within the next week or
ten days. He reported that beyond this point
the shelf is 25' wide as they promised.
The Chairman said that they are now work-
ing as close as they will to North Street and
Stevens they intend to leave two or three hundred
Gravel feet between workings and North Street. They
Pit will stay away from the house at the corner
of North and Adams Street and will sell the
owner of the house there more land if he wants
it. He said that the Shannon pit now is owned
within six feet of that house and a large part
of the lawn is on Shannon's pit.
The Chairman reported that they are only
going to remove 400,000 cubic feet of gravel
before ceasingoperations and sell the pit to
the town for 1.00. Doctor Shannon said this
is 550,000 cubic yards less than the estimated
contents of the pit determined at the time of
the law suit. He said that the Town's experts
went in and made calculations of 950 yards of
gravel. The first 100,000 cubic yards has been
removed or is piled on the ground. They wish
to maintain their seven years, in which they
may carry on oerations, but Doctor Shannon
said he is positive that they will be through
in eighteen months, with a maximum of two years.
He also said that the pit will be left as neatly
as possible and not to be an eyesore.
Mr. Stevens said that the most the Board
can get from them would be an idea of what they
are going to do. The fact that the Town has
purchased a great deal of gravel does not put
them in too good a light. He said that if they
cease immediately, there is still a dangerous
situation so that stopping operations does not
solve the problem.
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The Chairman asked if the Board wanted
him to confer with Town Counsel some time
before next meeting and have something written
up to submit to the Board. The Board agreed
and so authorized the Chairman.
Chairman Atwell of the Board of Select-
men of Bedford, Messrs. Estes and Ford of
Thomas Worcester Company, and three other
persons met with the Board to discuss sewage
disposal.
Mr. Ford stated that they propose to
pump sewage from Bedford to a point in Bed-
ford Street at Westview Cemetery and then come
• by gravity to the proposed connection the
other aide of Route 128 at Eldred Street, with
gravity. The gravity line would be available
to Lexington. He said they have,,various vol-
umes to send down but he thought has accepted,
at least for the present, what they will send
down. It is a matter of what areas the towns
of Lexington and Bedford can make guess wise
of engineering points.
Mr. Burns asked what they figured now
on emptying and Mr. Ford replied that he es-
timates a population of 12,000 and they would
send down on an average of 1,681,000 gallons
II a day, including the hospital, figuring on the
next five or ten years.
Mr. Burns asked if they were talking of
the job going to the corner of Eldred and Bed-
ford Streets and Mr. Ford replied in the
affirmative.
Mr. Burns said that there is the question Bedford
for both towns to determine how it is going to Sewage
be financed and also the timing.
The Chairman asked if they intend to have
the preliminaries ready for the annual Town
Meeting and Mr. Ford replied that the actual
design has not been started. He said there
may have to be some negotiations between the
Town, the State and the Town of Lexington for
the use of Bedford Street. He said that they
may not go in Bedford Street, but will go along
Bedford Street.
W. Burns said that the water is in the
sidewalk now on the north side and that there
is also water in the south side.
The Chairman said that there are many
engineering problems and the trade Lexington
makes with Bedford would be based on engine-
!' ering calculations. He said the Board is
curious to know if Bedford is going to .start
this in the summer of 1952 or 1953.
One of Bedford representatives said that
it is difficult to say how eminent it is; the
need is eminent but the finances may not be
so easy to obtain.
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However, they are nearer to a sewer system then
they ever were before. He asked what was meant
by going off the street and Mr. Ford replied
that he meant a shoulder of the street or off
the street line:
The question of who would lay the pipes,
pay for them and own them was asked and the
Chairman replied that was something to be worked
out by the engineers and assured the group of
Lexington' s co-operation.
One of the men said that an Act has been
filed with the Legislature authorizing Bedford
to come into Lexington.
Mr. Ford said that the gravity line should
be in the street and to the advantage of Lex- •
ington if Lexington cares to use it.
A Bedford man asked if Lexington plans on
using the pipe from Bedford and the Chairman
replied in the affirmative. He said that there
would be houses on this side that would go into
it. Lexington would be going into Bedford with
some sewage which Bedford would pump back to
Lexington. He said that if Bedford constructs
the sewer Lexington would pay a fee on the
Lexington side of a slope.
A Bedford representative asked if Lexington
might have to build a sewer from the pumping
station up to Eldred Street anyway, and the
Bedford Chairman replied that the sewer is not in now,
Sewage but whether it would be put in or not would
not be known until after Town Meeting. He
explained that last year the Board did not
favor putting it in.
A Bedford man asked if there are any
figures available as to what the charges might
be, excluding the pipe and Mr. Ford replied that
he and Mr. Burns have discussed this and feel
that there will have to be an apportion of the cost
of the total volume of sewage handled by the pump-
ing station.
Mr. Burns said that if there is a pipe of
a certain gravity and Bedford uses 20% of that
gravity, Lexington's margin has been cut down
by 20% and it would be figured on what it would
cost Lexington to pump the extra sewage.
A Bedford representative asked what Mr.
Burns expected to handle through the Town of
Lexington from the pumping station and he re-
plied that he knows what he is handling through
the pumping station now, but what he would handle
with a new line would be an estimate.
Mr. Puffer said that between the Town of
Lexington and the Town of Bedford, it is up to
the two towns to get together and help each
other as much as possible.
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The gravity line would be installed for the
I/ use of Lexington. Bedford's line collects on
the Bedfdrd side so Lexington can enter from
the north side of the park; each one would
help the other. Bedford would pay what Lex-
ington felt necessary on the lines in Lexington
and a pre-rated charge of the pumping of Bed-
ford gallonage at a fair charge in accordance
with the cost of the pumping to the Town of
Lexington.
The Chairman said that it is a simple
thing, but complex on account of the timing.
It is based on estimate at the present moment.
There is the complication of convincing Town
Meeting to spend a substantial sum of money.
Bedford Selectmen feel that the next
Town Meeting will authorize funds because
everyone in the Center is badly in need of
sewage facilities.
A Bedford representative said that it the
cost of laying the pipe could be determined and
the size, then they could lay it as far as available
funds would permit. He said that he could not see
any need of getting the cost of the pumping
station at this time.
Mr. Ford gave an estimated figure of 6148,250
for the pumping station and the pipe coming down
as far as Eldred Street. He said that it will Bedford
be close to 3/4 of a million dollars before Sewage
they are through.
The Chairman asked if that figure included
the engineering and he replied in the affirmative.
Mr. Stevens asked if they plan to construct
the sewer down Great Road to Bedford Street
this year and Mr. Puffer replied that they do
if they get the money.
Mr. Atwell said that he would like to
see the project started this summer.
The Chairman said that it still is a
debatable matter in the minds of the Select-
men as to whether it would be advisable for
Bedford to come into Lexington and build a
gravity line in the street. He said that the
Board would want to give full consideration if
it would be more advantageous for Lexington,
to put the sewer in from Westview or for Bed-
ford to put in.
Mr. Stevens said that whoever builds the
sewer should maintain it and it seems to him
Logical for Lexington to own it for it is
going to maintain it.
One of the Bedford men asked if it would
be all right for Bedford to own the force main
up to Winter Street and the Chairman replied
that he thought there would be no difference
of opinion on that.
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Mr. Puffer said that it is agreed that
both Boards are in favor of the project and
the route of it. It is now necessary to obtain
the necessary funds and permission to go ahead
with the Bedford end of it and he thought it
was safe to say that the officials of the Town
of Lexington are willing that Bedford should
enter its system. He said that the cost of
entering the system and the pumping of the
sewage would not be excessive beyond what it
cost to do so.
The Chairman said that it would be arrived
at by an amicable arrangement between the two
towns.
Mr. Stevens said that he does not know what
the M.D.C. fees will be. He said that the M.D.C.
will have to collect from Lexington and whatever
Lexington has to pay the M.D.C. on account of
Bedford coming in will have to be paid by Bed-
ford.
ed-
ford.
Mr. Kelly suggested that the engineers
work this out and report back to their respective
Boards.
Mr. Puffer said that Lexington is not dec-
ided whether it would be better for Lexington
to build and own the gravity main in Lexington
Bedford or for Bedford to own it. If Lexington decides
Sewage to build, own and maintain it, it would make
a simpler operation if Bedford could be advised
before Town Meeting.
The Chairman said that the Board would be
glad to inform Bedford when a decision has
been reached, but the decision will be what is
recommended at the Town Meeting which will not
take place until after Bedford 's Town Meeting.
Mr. Stevens said that if Lexington builds
it, Bedford will still have to make an approp-
riation.
Mr. Emery said that at present Lexington
has no call whatsoever for a sewer in Bedford
Street beyond Eldred Street and it might be
difficult to convince the Appropriation Committee
to go along with it unless an inducement were
made. If Lexington has to put in Sunnyfield,
it will cost a lot of money and it might well
be that the Town Meeting, Appropriation Com-
mittee and possibly the Board of Selectmen will
feel that this is not the year Lexington can
afford to put a main in Bedford §treet from
Eldred Street up to Westview. He said that hal
does _not want, the people from Bedford to feel 11that the Board has made any definite commitment.
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The Chairman said that he did not- intend
to tell them that the Selectmen is going to
recommend this, but he would tell them that
it will be given consideration.
Mr. Emery asked about the cost of the
gravity main from Eldred Street and Mr. Ford
replied that it is approximately $40,000.
The Chairman asked if Mr. Eery meant
what part of the $40,000 the Town of Bedford
would assume and Mr. Finery replied in the
affirmative. He said that he thought it would
be a job to convince the Appropriation Com-
mittee that this is the year to spend money
on the extension of a main purely to help
out a. neighboring town, which we would like
to do, but for which we have no immediate
need.
Mr. Burns asked when the sewage would be
running down, if the design is made and the
Town of Bedford votes the money6
Mr. Ford replied that it will be a year
from March or maybe two years.
The group retired at 9:45 P.M.
Letter from Attorney Charles F. Small
with reference to the property abutting Deb Homes
Lowell Street, formerly owned by Deb Homes, Property
Inc. was held over.
Mr. Stevens , to whom the letter was
referred, said that the County is not ready
to make a taking and Small will just have to
talk to whoever is going to purchase the land.
Certification of Incorporation filed by
Helen M. Farley et al, living in Lexington,
was held over. I&r. Stevens said that he Cerf. of
could see no objection to the Board signing Inoorp.
a character reference.
Upon motion of Mr. Gay, seconded by Mr.
Emery, it was voted to sign a Certificate of
Incorporation and file it with the Secretary
of the State.
Letter was received from Mr. Stevens with
reference to Lots 4 and 5 Massachusetts Avenue
which the Board had voted to sell. He stated Tax Title
that from the information he has been able to Property
obtain it does not look •as if the Town has any
title whatsoever.
It was unanimously agreed to return the
money received from the prospective purchasers
if it is determined that the lots cannot be
sold and a deed prepared.
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Mr. Philip LaGrassa' s application for a
Public Public Carriage License, to operate from the
Carriage Logan Airport, was held over.
License Mr. Stevens said that he could see no
Denied basis for issuing a license from Lexington to
be used in another city and recommended that
no license be issued.
Mr. Stevens retired at 10:45 P.M.
Letter was received from the Alcoholic
Connors Beverages Commission, together with copy of
Liquor a license issued by Commission to Edward J.
License Connors and Thomas F. Connors for a Package
Goods Store at 1700 Massachusetts Avenue.
Further consideration was given to Mr.
Tax Title Joseph Sheehan' s offer of *400 for Lots 252
Property through 258 on Asbury Street.
The Chairman was authorized to check with
Mr. Burns as to the advisability of disposing
of these lots.
Mr. John Sharkey'a offer of 028.65 for
Lots 22, 25, and 46 on Hillcrest Street was
held over.
Letter was received from Mrs. Catherine
R. Cummi ' , 425 Washington yams, Cambridge,
offering 50 or more for Lot 251 Wood Street,
Tax Title Colonial Heights. She now owns Lots 252, and
Property 253 and is building a house.
Upon motion of Mr. Hoyt, seconded by Mr.
Emery, it was voted to advertise the offer and
give it further consideration at the next meet-
ing of the Board.
Upon motion of Mr. Gays seconded by Mr.
Emery, it was voted to grant the following
licenses:
The 1775 House 130 Pleasant St.Com. Vict.
Kieran J. Lowry 286 Lincoln St. Com. Vict.
Ernest C. Martin 1793 Mass. Ave. Com. Vict.
Licenses Minute Man Restaurant 1715 Mass. Ave. Com. Vict.
Old Coffee House 1775 Mass. Ave. Com. Viet.
Regent Delicatessen 1729 Mass. Ave. Com. Vict.
F.K. Johnson 39 Bedford St. 1st. Class Agent
Mawhinney Motor Sales 581 Marrett Rd. 1st. Claes Agent
Lexington Theatre, Inc.1794 Mass. Ave. Sunday Movies
Charles Durkin 18 Manley Ct. Public Carriage 11
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Upon motion of Mr. Gay seconded by Mr. Emeryitwas voted to grant the following uses of halls
free of charge:
Uses of
Mdsx. Cty. Farm Bureau Estabrook Hall Dec. 28th. Hall
LafayetteClub " " Jan. 8th.
Lafayette•Club " " Feb. 5th.
It was agreed to hold the Selectmen' s Meeting
on Saturday morning before Christmas and also be-
fore New Years.
The meeting adjourned at 11:05 P.M.
A true record, Attest:
�er
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