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HomeMy WebLinkAbout1951-10-01-min 1, SELECTMEN'S MEETING October 1, 1951 111A regular meeting of the Board of Select- men was held in the Selectmen' s Room, Town Office Building, on Monday evening, October 1, 1951, at 7 :00 P.M. Chairman Nickerson, Messrs. Emery, Gay and Hoyt were present. Miss McDonough, Assistant Town Clerk, met with the Board for the drawing of three jurors for a Jury Pool, November 5, 1951. The following individuals were drawn for jury duty: Jurors Edward B. Krevis, machinist, 26 Preston Road Norman H. Royle, N. E. Power, 152 Simonds Road Edward Carlson, electrical eng. , 82 Pottier Ave. Miss McDonough retired at 7 :15 P.M. , and Mr. Burns, Sup' t. of Public Works met with the Board. Mr. Burns reported that he had invited four plumbers to submit bids for a new boiler for the Barnes property and received only two replies which he presented sealed to the Chairman. The bids received were as follows : Lester L. Andrews & Son: ,,8'800 for furnish- ing and installing a W-33-0 Severn American Standard Oil Burning Boiler; changing safety switch to head of stairs as recommended by Bids for Fire Department; 1 zone for Boy Scouts offices boiler for and 1 zone for Welfare Department. Barnes Property Vernon C. Page : 0845 to replace present hot water boiler with a No. 33-0 Severn American Radiator Boiler or equal; two zone system with separate thermostats and circulators; move + I safety switch to head of stairs; install 30 gallon expansion tank. The Chairman suggested that Mr. Burns make certain that the low bidder has included every- thing to have an entirely new unit and gun. iie I also asked if the Board would be willing to consider voting on the theory that the Town will get an entirely new setup; Mr. Burns to check in the morning and then contact the Chairman. Upon motion of Mr. Emery, seconded by Mr. Hoyt, it was voted to request the Appropriation Committee to transfer the sum of 0800 from the Reserve Fund providing Mr. Burns checks with the contractor as to whether or not he will go on record that the burner is in good condition. 2 Mr. Burns reported the results of a conference held today with the Army engin- eers and Whitman & Howard on the sewers for the proposed airport project. He sug- gested to the group, and they were more or less receptive, to let them run a gravity line from the pumping station across the range up to Wood Street to their property; that main to be the size the Town will re- quire for any further extensions. This will eliminate any pumping station for the project. He said that he would still insist on a storage tank. Then he asked, in return for that, the extension of this line from a point in Garfield Street down to the Town pumping station. This would bring all of the Manor and Barnard Street and a great deal of Reed Street to go into their line which will be idle 16 hours out of 24. He said that if the Town could take 15% or 20% of this section out of our total sewa,;e area, and put it in their line, it would forestall any immediate extension of the main from Arlington. The Chairman asked if a gravity line from Wood Street would cost more money than an 8- inch force main and if they would gain because Airport of the fact that they would not have to do any Project pumping and would not have to install a pump- Sewer ing station. Mr. Burns said that he thought one item passed over rather quickly was the rental from the Boston & Maine. They might ask the Town to assume the rental or if the railroad wants a lump sum, to .assume that payment. He said that if the line is laid in gravity the way he would like it, the Town will be in a position to reach four different sections that otherwise would not be done for many years - Cedar Street, Massachusetts Avenue over the hill, as far as School Street, and a portion almost as far as Grandview Avenue; then the section around Fairview and a portion of Wood Street. Mr. Burns said that as far as anyone is concerned this is just a thought because the Town would very likely have to put on another pump and will have to work out what it will cost to maintain it . Mr. Stevens asked if this would involve turning the force main over to the Town and if when they are operating at capacity would they still be able to use it at night. 1 3 Mr. Burns replied that if they ran the 1 whole day, the most they could get would be 340,000 gallons a day, and the only time they would have to watch it would be between seven and nine . He said that there is a meeting scheduled between the State, the Army, Whitman & Howard, and the State Department of Public Health on just how they are going to work on this. They would like to include Raytheon and also bring in the Town of Bedford . Mr. Stevens informed the Board that Representative Ferguson had talked to him about special legislation relative to the M. D. C. putting in a line. The Chairman was authorized to contact Mr. Ferguson. Mr. Bertram P. Gustin met with the Board on behalf of the Community Chest and invited the Board to be present at the Jamboree, October 20th, at 9:00 P.M. , to greet Miss Lexington and charge her with the community duties. He also requested permission for a Red cavalcade to escort Miss Lexington, with Feather Lexington's fund, from Lexington to Boston. Cavalcade Mr. Gustin further requested permission to 1 display a large banner at some appropriate location. He retired at 8:05 P.M. It was agreed that representatives from the Board would attend the exercises on October 20th. Approval was also given to display the banner over the double garage at the Barnes property. The Chairman read a letter from Town Counsel to Mr. Burns with reference to prevent- ing abutting owners from pumping surface or ground water from their cellars on to the public streets . At 8:15 P.M. the following persons met with the Board to discuss Shade Street drain- ages Mr. Arthur Weiss, Mr. and Mrs. Perkins, Mr. McNeil and Mrs. Rodes. Mrs. Rodes read a letter on the subject and presented it to the Chairman, together with Shade a petition requesting the Town to install a Street storm sewer in the street. She said that the Drainage condition is worse now than it was before the construction of Cary Avenue. The Chairman asked if she meant that it was dry while the building was going on and she replied in the affirmative and said that it was dry prior to that. She said she thought that during the construction of Cary Avenue a pipe was broken, but Mr. Burns claimed that this was not so. 4 She said that there may be a spring going across that did not formerly empty into Shade Street. II Mr. Weiss said that until two or three weeks ago there was no flooding except during and after a rain storm, but now there is a continual flow of water. Mrs. Rodes said that before that the water was in the field, and before she opened a channel on her land the water was running down the street. The Chairman explained that last March the Board replied by letter that this subject would receive consideration and said that by law the Board is prohibited from spending money in 1951 that was not appropriated by Town Meeting; therefore, this item cannot be considered until the 1952 budgets are discussed. Mrs. Rodes said that this new condition has come up within the last four weeks. She mentioned the incline where the old barn was, about fifty feet from Shade Street, and said that up to that point it was dry and above that point it was dry, but right across from Shade Cary Avenue there is a spot that is continually Street damp. She said that it seems suspicious to her Drainage that there is one spot on Cary Avenue that is wet and dry on both sides. Mr. Weiss said that there is a water pipe and shutoff on Cary Avenue and across the road from that section Cary Avenue is wet; below it is dry. He asked if the Town Engineer could look at the area. The Chairman explained that Mr. Burns has inspected the area many times and the Board has it in mind. Mrs. Rodes said that she thought it would be to the Town's interest to find out what the problem is before paving Cary Avenue. The Chairman explained that, to the best of the Board ' s knowledge, Cary Avenue has been excavated, drained and filled in with good material and there is going to be a good street there, but that he would call this to Mr. Burns ' attention. Mrs . Perkins said that Mr. Burns has been up to this area several times and has been very good about trying to help them with their problem. Mr. McNeil said that he does not think excavation was made beyond a certain point and the Chairman explained that when a street is built, the entire length is excavated and filled back with gravel to at least twelve inches in depth. 5 Mr. McNeil said that several people felt 111 that one end was not excavated because of the water trouble . During the discussion Mr. Weiss said that there is no question in his mind that during the summer months there was no water in the low place beside Mr . Perkins ' house. The Chairman said that the Board would consider the project as a 1952 item but this does not mean that the Board will recommend it and it does not mean that if the Board does recommend it that the Town Meeting will appropriate the necessary funds . He explained that when the Board approaches Town Meeting it considers all matters that the Board or groups of people think should be undertaken in the ensuing year and studies them. The Appropriation Committee also studies and makes a report. Mrs . Rodes said that Mr. Burns has been approached before and claims that he can' t do anything because there is no money. She asked why he can' t use the money already appropriated for storm drains and the Chairman explained that the present funds have been earmarked for 1951 projects. Mrs. Rodes said that the wet spot is about 11 ten feet wide and she thought the street should be opened up. The Chairman said that Mr. Burns would look at this in the morning, but that he (the Chairman) was not going to tell Mr. Burns or the contractor to open the street. The group retired at 8:45 P.M. The dis- cussion was continued later in the evening when Mr. Burns returned to the meeting. Mr. John J. Garrity met with the Board and explained that he was keeping an appoint- ment made for Mrs. Lawrence Broderic relative to her request for an appropriation for 4-H work. He said that in 1920 or 1930 the Town did appropriate money for 4-H work and also appointed a Director to supervise spending the funds. He referred to Chapter 128, 4-H Sections 40-45, which he claimed authorizes Appropri- such an appropriation. ation The Chairman said that there is some doubt as to whether such an appropriation is legal and the Board will have the Town Counsel check it further. If it is determined that the Town can make such an appropriation it will be considered in the 1952 Warrant. Mr. Garrity retired at 8:55 P.M. U CO Mr. Stevens acknowledged the Chairman' s letter relative to Mr. Blackwell' s conference with the Board in 'regard to the so-called Meagherville property. He said that Apparently Mr. Blackwell has in mind, instead of the Town making a tax taking, which is the usual pro- cedure, that the Town make a tax sale. His client would purchase the land at a tax sale and he would only have a lien. The foreclosure of the lien would be up to him and not the Town and it would be his lien. Mr. Stevens said that he would like to review the Statute on this and he did call Mr. Blackwell. Mr. Stevens said that there is a question of policy as to whether the Board would want to have tax sales made, and Mr. Blackwell said that he understood there is a problem of policy. The bills have not been sent out yet Meagherville and Mr. Blackwell thought they would go out Property in December. The Chairman said that he does not be- lieve this is something that the Board wants to hurry, but does want to give it some con- sideration. Mr. Stevens said that if title is taken by the Town, then of course, the future development of it can be controlled. If a tax sale is made, the purchaser can control what is going in there. The Chairman said that if Mr. Blackwell reaches the. point where he wanted to be very definite on this, he believed he would ask to tell the Board exactly what his client has in mind. Mr. Stevens said that Mrs. Connolly, who was injured as a result of stepping through a drain grating, was under the impression that he had offered her 450 in settlement. He said that he told her the Board would prefer not to take any action until she had recovered. She has bills that she paid out up to 488 or 490. He talked with Mrs. Connolly Saturday and told Connolly her that there is some doubt in his mind as to I Claim the liability and suggested settlement in the 1 amount of 4100. She was not too pleased and said she thought 4125 would be fair. Mr. Stevens recommended settlement in the amount of 4125. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to settle Mrs . Connolly's claim for damages in the amount of 4l25 . Mr. Burns returned to the meeting at 9:25 P.M. 7 The Chairman read a letter from Harold Conant complaining of the brush growing on the side Lincoln St. of Lincoln Street. He also mentioned paint- Brush ing the crossing in front of his driveway. Mr. Burns said that there is no sidewalk on either side of Lincoln Street and hasn't been any for the last five years. He said that he would try to have the brush cut. Report was received from Mr. Lindstrom as a result of his recent inspection of the Sexton property. Mr. Stevens said that Iolr. Lindstrom told him he thought it would cost about $150 to carry out his recommendations as to what should be done if the Boys ' Club is to use the property as headquarters. Mr. Stevens reported that he had called the State Department of Safety and was told that any recommendation should come from the local Building inspector. Mr. Emery asked if, from a legal point of view, the Board had done whatever is nec- essary and Mr. Stevens replied that the lease should include a paragraph whereby the Club agrees to comply with all applicable rules and regulations and further that all the recommendations of the Inspector will be carried out. Rental of Mr. Emery moved that the Town Counsel Sexton having passed on all legal phases and having Property approved them, that the Sexton property be rented to the Lexington Boy' s Club for six months, beginning October 1, 1951, at the rate of '05.O0 per month. Mr. Gay seconded the motion and it was so voted. The Chairman read a letter from Norman H. Royle, 152 Simonds Road, Lexington, reporting that a dog owned by Mrs . Gordon Richards had Dog attacked Mrs . Royle on Friday, September 26th. Complaint The Clerk was instructed to have the Dog Officer make an investigation. Mr. Stevens retired at 10 :05 P.M. The Chairman told Mr. Burns that the group from Shade Street expressed the opinion that the construction of Cary Avenue has opened up some old springs and water is being diverted to Shade Shade Street. Street Mr. Burns reported that he has had grades Drainage taken all over the area and he does not believe anyone can prove that the water is coming from Cary Avenue. 1 S CC 00 He said that he is not afraid of the surface. The Chairman asked if there is any drain- age in that section in Cary Avenue and Mr. Burns replied that there is not a foot of drain until within 600t from the top of the hill. The Chairman asked if Mr. Burns was convinced, in his own mind, that this is a prime drainage problem to discuss for 1952 and he replied in the affirmative. The Chairman asked if there was anything else that has precedence over this and Mr. Burns replied that there are other problems that are not as obvious. He said that he did believe this is the worst drainage problem he has, and it is dangerous. He said that as a guess, he thought it would cost between 410,000 and $15,000, figuring it at $6.00 per foot. Mr. Emery asked if he knew of any temp- orary solution and Mr. Burns replied in the negative. The Chairman asked Mr. Burns to take a look at the wet spot in the morning and reiterate to him that the area is damp but that he has no fear of the road heaving and going to pieces. Petition was received from the New England Telephone and Telegraph Company for permission to remove one pole on Lowell Street. Mr. Burns informed the Board that he recom- Pole mends granting the request. Removal Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to approve petition and sign an order for the removal of one telephone pole in the following location: Lowell Street - Easterly side, approximately 3045 feet southeasterly from Woburn Street. Letter was received from Charles M. Blake requesting the extension of a sewer Meriam St. line to service # 72 and # 76 Meriam Street. Sewer Ext. The Chairman was authorized to advise Mr. Blake that his request will be considered as one of the 1952 projects. Letter was received from William H. Wildes, 83 Winter Street, referring to surface water on the street, and the connection of septic tank overflows to the drain. Mr. Burns reported that one house, and he is not sure how many others, is connected into the catch basin. 9 The ditch was not too bad until Mr. Wilder went in with a bulldozer to build houses. The Winter only way to solve the problem is to go into the Street area in the Spring and cut a channel which will Drainage have to be a hand job at a cost of between $p300 and 4500. He said that the overflowing septic tanks is a Board of Health problem. Petition was received, signed by thirty residents on Marrett Road, requesting the extension of the present sewage system to service their properties. Mr. Burns explained that the extension Marrett would be from Middle Street to Spring Street Road Ext. which means it will have to be extended from Sewer Outlook Drive. The Board agreed to consider the petition as one of the possible 1952 projects. Letter was received from Mrs . Rich, Temporary Town Accountant, advising that she has received bills in the amount of $308.36 for Memorial Day Expenses and the total budget approved was 4300. Upon request of Mr. Hoyt, seconded by Mr. Transfer Emery, it was voted to request the Appropriation Committee to transfer the sum of 48.36 from the Reserve Fund to the Memorial Day Expenses Account. Mrs. Spencer ' s request for the removal of two trees from in front of her driveway on Vine- brook Road was held over from last week. A Removal majority of the members of the Board had visited of Tree the area and upon motion of Mr. Hoyt, seconded by Mr. Emery, it was voted to authorize Mr. Garrity to remove one tree which is directly in front of the new driveway. Further consideration was given by the Board to offers received for the purchase of Lot 3, Farmhurst, Section 1, Waltham Street Mr. Emery made a motion of Mr. Freni Tax Title wishes to purchase the lend for 0250 plus Property sewer better,: e:nt assessment of 4146.67, less the 100 feet in the rear and give the Town a right of way for drainage purposes over the land, that it be sold and conveyed to him. Mr. Hoyt seconded the motion and it was so voted . Mr. Glenn' s offer to purchase Lots 35 and 36 Hillcrest Street was held over for another week inasmuch as some of the members of the Board did not have an opportunity to view the lots this past week. I 10 CC OD Upon motion duly made and seconded it was voted to sign Water Order, Cambridge- Water Concord Highway from Spring Street, a distance Orders of approximately 1630 feet easterly. (A copy of the Order on file in the Selectmen' s 1951 Water Orders ) . Upon motion duly made and seconded , it was voted to sign Sewer Order, Kendall Road Sewer from Grapevine Avenue, a distance of approx- Order imately 50' northeasterly. (A copy of the Order on file in the Selectmen' s 1951 Sewer Orders ). Mr. Burns retired at 10:45 P.M. Application was received from John E. Murray for permission to conduct an Arch- Paper bishop Cushing paper drive in Lexington Drive on Sunday, October 28th. Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to grant the request. Application was received from Richard Use of F. Jackson to conduct a 4-H Club meeting in Hall a Conference Room on October 9th. Upon motion duly made and seconded, it was voted to grant the use of a Conference Room free of charge . Application was received from the Middlesex County Farm Bureau for permission Use of to hold a banquet and Annual Meeting in Cary Hall Hall on the evening of November 1st. Upon motion duly made and seconded it was voted to grant the use of the hall subject to a charge of 05.00. Mrs. Fox' application for permission to Welcome conduct a meeting in Cary Hall for the purpose Wagon of organizing a Lexington Welcome Wagon Com- mittee was held over. Upon motion of Mr. Hoyt seconded by Mr. License Gay, it was voted to grant a Sunday Movie license to the Lexington Theatre, Inc. The Clerk informed the Board that Mr. Gillespie, a Senior High School teacher, had Permit requested permission to have the school band para4e through the Town on the days of home football games . Mr. Gay moved that the request be granted . Mr. Hoyt seconded the motion, and it was so voted. The meeting adjourned at 11 :05 P.M. A true record, Attest : Clerk, S t en