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HomeMy WebLinkAbout1951-09-24-min SELECTItiIE.i ' S M}J TING 583 September 24, 1951 A regular meeting of the Board of Select- men was held in the Selectmen's Room, Town Office Building, on Monday evening, September Se tember 24, 1951 at 7 :00 P.M. Chairman Nickerson, Messrs.Emery, Gay and Driscoll were present. Mr. Burns, Supt of Public Works, and the Clerk were also present. The Chairman reported that Mrs. Morey, of the School Committee, had inquired again about the possibility of having the street lights turned on mornings when there is no school, as a "No School" signal. Mr. Burns explained that some of the lights Street are operated manually and others are on time lighting switches and there is just no way of turning them on or off simultaneously without a man going to each station and there are between fifteen and twenty stations . The Boston Edison Engineer for this district told Mr. Burns that it would take twenty men to put such a system in operation. The Chairman was authorized to advise Mrs. Morey that the proposed plan cannot be co- ordinated. The Chairman read a letter from Charles Larden, 347 Woburn Street, inquiring about the possibility of having street lighting installed in this area. Mr. Burns explained that this location is from Lowell Street on, and there is more than one light needed. He said that if money is available this year he would like to install as many lights as possible due to the fact that next year he will not be allowed to put in any more 800 lumen lights, but will have to put in 1,000 lumens. Street The Chairman asked Mr. Burns to look into lights the situation and determine how many lights will be needed for the area and also to check the amount of money in the Street Light Account. Letter was received from John J. Campobasso requesting the installation of a street light on the pole adjacent to his residence at 25 Summer Street Street. This request is to be handled the same Light as the request for lights on Woburn Street. Mr. Tocci 's letter with reference to Bow- man Street drainage was held over from the last meeting of the Board. 584 et Mr. finery suggested, and the Board agreed, Bowman St. to have Town Counsel view the area with Mr. drainage Burns and advise the Board as to the Town's responsibility, if any. Petition was received from the Boston Edison Company and the New England Telephone and Telegraph Company for approval of the following JO pole locations : Reed Streete approximately 240 feet north- west west of Vaille Avenue, one (1 ) P ole. (One (1 ) existing JO pole to be removed. A plan of the proposed removal and location had been approved by Mr. Burns. C Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to grant the pet- ition and sign the order for the proposed pole removal and location. The Chairman read a letter from Mrs. Richard J. Spencer, requesting the re- moval of two trees on Vine Brook Road which she claims to be in a direct line to the garage entrance at 52 Waltham Street. Letter was received from Mr. Garrity Tree stating that these two trees are in a healthy removal condition but they do block the entrance to the newly constructed garage. He suggested that more interest be taken in front of new buildings and alterations being made in the Town before issuing building permits. The Board preferred to view the location before taking action on the request. The Chairman read a letter from Mrs. Winifred L. Holman requesting the removal of a tree stump in front of her property at 275 Concord Avenue . Letter was received from Mr. Garrity advising that this tree stump is on the list to be removed and will be taken care of at Tree stump the time of the removal of other stumps in removed Town. He reported that it will require a steam shovel trailer, etc. , and if there are eight or ten to be removed, it would be more economical to remove them all at the same time. The Board also preferred to view this location before taking action on the request. 585 Two letters were received from Harold Conant, 49 Lincoln Street, Lexington; one dated September 23rd and one September 24th, with reference to the dump on Lincoln Street and his claim for Dump claim damages. for damages The Clerk was instructed to refer the letter relative to the claim for damages to Town Counsel inasmuch as he is handling the claim. The Chairman read a letter from the Plan- ning Board advising that said Board has passed a vote to recommend that developers of sub- divisions, completed under the new Subdivision Regulations of the Planning Board, be encouraged and urged to apply for acceptance by the Town of their new streets Mr. Emery moved that the Planning Board be advised that the Selectmen believe this to be a good policy and that the Planning Board be requested to recommend for the 1952 budgets any streets to be accepted. Mr. Gay seconded the motion and it was so voted . Later in the evening the Chairman read Street the letter to Mr. Stevens, Town Counsel. acceptances Mr. Emery asked if the streets would be done under the Betterment Act and Mr. Stevens replied that only the construction is done under the Betterment Act. Mr. Emery asked if the Board should obtain a release from the abutters from common land over which the pavement goes - a release of damages or release of any right, title or interest of the abutters. Mr. Stevens replied that he did not believe so. Mr. Emery asked if the Town would want to leave "unwiped out" the personal right of way when the Town has acquired a similar one and Mr. Stevens replied that they would get a right as a member of the public. He said that off- hand he could not think of anything that would cause any trouble . Mr. Emery asked if they would have a claim for damages and Mr. Stevens replied that he could not see how they would sustain any. The streets would be open to the public and the developers would be relieved of any burden of maintenance and it would seem difficult to find a basis upon which they could sufficiently establish damage . Mr. Emery asked how this procedure could be forced and Mr. Stevens replied that the Town can accept the streets whether the people want it done or not - make a taking. 586 tm He said that if the larger part of the property is owned by the developer he would be the one to have all the rights. He would want, and the owners of any lots sold would want, to have the Town accept it relieving them of future main- tenance. He said that nothing would be gained by keeping the streets as unaccepted streets unless they want them kept as private ways. The Chairman asked if Mr. Stevens would rule that the Selectmen have any authority to write to the Planning Board and tell them that the Selectmen are in accord with the recom- mendation and would authorize them to start the ball rolling in each case when the developer comes in for subdivision. Mr. Stevens advised that the Selectmen could say that they would be in agreement and receptive to petitions if filed. The subdivider would file a petition with the Board asking that it be laid out as a town way. Mr. Stevens told the Board that he would give this subject some further thought. Mr. Burns discussed rumors about the use and cost of the shovels . He said that they were hired at 49.00 an hour which is $72.00 a day for a full day and they are paid for only when working. If the shovels are not working, they are not paid for. During the Spring when the men went on the sweeping, he asked Mr. Brox to lay the shovels off and they were laid off three or four weeks and Brox was not paid for them. He said that not too long ago, following a storm, he asked Mr. Brox to lay off for a couple of weeks and he did. It was stretched to three weeks and the town did not pay for that period . lie said that since then he has asked Mr. Brox to lay the machines off at intervals and he [las done so. Mr. Burns said that all he wants is to get rid of the Fair Oaks sewer job, get it done and release the present Brox shovels. He then referred to the Town shovel in the yard and explained that unfortunately there is only one man who can work the shovel and he also operates the grader. He has been used every year on street work on the grader. When all the men are working on the street work, there is no one left to complete another working crew. He stated that he has to keep the machines be- cause he has Fair Oaks to do and all the other major drainage jobs. 587 Mr. Burns said that he was well aware of what would be said, but there was nothing else he could do as he saw it, and that under the same conditions he would do it again. He said that the last two wt,e s the Town shovel has not worked because the man was on vacation. He said that he does not want the business of getting the machine out on the street and having the man ask for a vacation, and he has followed the policy of the men taking all their vacations at once. He said that he finished the street work, let the man go on vacation and then started back to work with the town machine. The town men were working this morning on Marrett Road. Mr. Burns said that the town machine cost approximately 617,000 and inside the three months it was up to $21,000. He said that those shovels sitting up on Prospect Hill Road, Wachusett Drive, if the Board had watched them work, our own rig would not last very long at it. He said that he knows Mr. Brox has had to replace bales on the buckets twice and they have broken pins on them all. They have torn the buckets and done other miscellaneous damage. If the town shovel was there the same thing would have happened and Re : there would be large repair bills. He stated Criticism that this is another reason that the town has of Public not suffered materially. Works Dept, Mr. Burns said that the cost today with an oiler and operator is ;1)40 before the machine turns a wheel - just labor; then there is fuel, oil and repairs. He said that his only fear is that Brox will ask to take the machine out, be- cause he has had to hire a shovel at 40100 a day with two shovels sitting here in Lexington be- cause he made an agreement with Mr. Burns on shovels . Mr. Burns said that there has been talk about Brox' shovel, for which the town is said to be paying, sitting at the corner of Massachu- setts Avenue and Taft Avenue. He explained that the story of this is that it is Brox' machine and he is working on Aerial Street, putting in a drain. The shovel was waiting for a trailer which had not arrived. Mr. Burns then referred to the rumors about Mr. Brox getting all the town work, and the claims that he (I4r. Burns ) rigged the bids. Mr. Emery said that he thought this dis- cussion was beneath the dignity of the Board and should be discontinued. He said that he felt certain the Board had every confidence in Mr. Burns . 588 Mr. Burns said that other contractors have worked in town and mentioned White, Andreassi, Cali, Dingley, MacDonald, Susi & De Santis and Shea. He explained that Cibotti never worked in Lexington before and his bid was low. Cali never worked here before and his oid was low. Mr. Burns said that last Thursday was the end of the first year he has had his present job and as far as he, personally, is concerned he does not think anyone could have had a better Board to work with. He said that he wanted it understood that he appreciates the congenial relations with the Board of Selectmen during the year. Mr. Gay said that the dump was burning a week ago Sunday and asked Mr. Burns about it. Mr. Burns said that if it were burning, Dump the fire was set. He explained that Mr. Kelley the attendant, was on vacation for two weeks and he did not put anyone on the dump for that period, but had the bulldozer over there twice a week. Mr. Burns retired at 8:15 Y.M. The Board gave further consideration to Mr. Peter Morasi 's offer of X475 for Lots 644 through Tax Title 648 Asbury Street, Lexington. A proposal to sell Property these lots was advertised in the September 20th issue of the Lexington Minute-Man. No persons contacted the Selectmen's Office as a result of the advertisement. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted that the offer be accepted and that Lots 644 through 648, Asbury Street, Lexington, be sold and conveyed to Mr. Peter Morasi . Letter was received from Albert D. Evans 49 Outlook Drive, advising that he would like Veterans ' to surrender Veterans ' Lot #15, Cedar Street. Lot Upon motion duly made and seconded, it was voted to refund Mr. Evans ' deposit in the amount of 4100. At 8:25 P.M. Mr. John Blackwell met with the Board relative to Meagherville land. He said that Mr. Cronin told him just what he would like done and he (Mr. BlacPwell ) hired Mrs. Manley, who formerly worked part-time in the Assessors ' Office, to do for him just what IIMr. Cronin directed in checking the list of titles from the cards and other sources of information in the Assessors ' Office. X89 He said that he has corrected a map, colored o to show three kinds of status of the lots; those in private ownership running less than 100 in almost 2,000 lots . About half of each of the remainder is owned by the Town of Lexington and the other half is not taxed. He said that some have not been assessed since 1936 and others not since dates even earlier than that and the last owners of record appear of varying dates, but generally near the turn of the century up to about 1910. He explained that some of the private ownership are of recent sales by the Selectmen; those are near Reed and Ward Streets. Mr. Blackwell said that he visited the State House and Mr. Falvey called his assistant in charge of tax title puzzles. He had no sugbestions for shortening the Statutory procedure. We can only begin the Statutory procedure this December. Mr. Hamilton had in consultant, Mr. Peihl and he had only the alternate suggestion that, if the town cared to and if Town Counsel could see the way to do it and if Mr. Hamilton could and would join in, a way be found for Mr. Hamilton to put himself in the shoes of the present ownership after they are first assessed and the bills come back as uncollectible or owners un- known. He said that he gave directions on how Blackwell to bill and hold on to the bills when they came re back. He said that this is the crux of the Meagherville matter. The Chairman said that Mr. Blackwell might be aware that interest has been aroused by other people who have the same idea in mind. He ex- plained that the Board has had a ruling from Town Counsel with reference to assessing the land, billing it to persons unknown, and then start proceedings in December or January which would take two years. Mr. Blackwell said that Mr. Cronin put it as a question. Does Mr. Hamilton wish to go to further expense on the lots . The Statute states that the land must ae sold at auction unless Hamilton can lawfully be put in the place of some of the present owners unknown. The Chairmen said that the Board would present this angle to the Town Counsel. Mr. Blackwell said that if the Selectmen saw fit, he would be glad to talk informally with Town Counsel, but the Chairman said that the Board would discuss the matter with him. 590 cc C Mr. Blackwell said that there is access, to what he will call the west quarter, south of the railroad and west of Route 128. He said that he hopes to hear that the Town Counsel can find a way to get the Commonwealth to talk access rather than damage. Mr. Blackwell retired at 8:40 P.M. Letter was received from Mr. C. R. Glen, Tax 105 Winter Street, Lexington, offering 4100 for Title Lots 35 and 36 Hillcrest Street. The Committee Property on Tax Title Property recommended 0200 each plus betterment assessments totalling 4178.65. The Board preferred to view the lots before taking any action of the offer The Chairman read a letter from Dominic Varello, 440 Massachusetts Avenue, Lexington, offering 4200 for Lots 50-53 Hillside Avenue. Tax The same individual submitted an offer in Title 1950 and the Board advised him at that time that Property it would not be in the best interest of the Town to dispose of these lots. The Board f elt that the situation had not changed and the Clerk was instructed to so advise Mr. Varello. Letter was received from the Division of Civil Service advising that, as a result of the examination held for the promotion to Police Lieutenant, an eligible list has not been established. Memo was received from the Chief of Police to the effect that he would prefer that no action Police be taken on the appointment of a Lieutenant until Lieutenant he returns from his vacation, and the results of the Sergeant' s examination are known. The Clerk was instructed to make an appoint- ment for the Chief to meet with the Board on his return from vacation. Letter was received from Mrs. Ralph Samuelson, 143 Follen Road, Lexington, on behalf of the Pre- Rummage School P.T.A. requesting permission to conduct a Sale rummage sale at the Barnes property on October 13, 1951. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to grant the request. Application was received from the Lexington ' Use of Field and Garden Club for permission to hold a Hall meeting in Estabrook Hall on October 15, 1951, from 7 :45 P.M. until 9:30 P.M. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to grant the use of the hall free of charge. 591 Application was received from Gertrude B. Fox, Welcome Wagon Hostess, requesting the use of Estabrook Hall on Thursday evening, October 25, 1951, from 8:00 to 11 :00 Y.M., for the first meeting of the Lexington Welcome Wagon Club. The Board preferred to obtain more inform- Use of ation about the organization before acting on Hall the application. The Chairman agreed to check and report to the Board at the next meeting. Upon motion of Mr. Emery,, seconded by Mr. Driscoll, it was voted to grant the following licenses : Licenses Countryside Associates, Inc. Lowell Street Sunday Golf Lexington Theatre, Inc. Massachusetts Ave. Sunday Movies The Chairman read a letter from Town Counsel with reference to Kelchester Realty Trust Site and explained that the area taken and conveyed is 12 .1 acres, and the Assessors ' Office reported to him that the 1951 tax amounts to $ 163 .35. Mr. Stevens assumed that the taxes have not been paid and instructed the Board to Kelchester request the Assessors to grant an abatement in Abatement the amount of $y81.67 . Upon motion of Mr. Emery, seconded by Mr. Driscoll, it was voted to request the Board of Assessors to abate $81.67 under the terms of the agreement between the Town and the Kelchester Realty Trust. The Board gave further consideration to IJir. Joseph F. Frieni 's offer of $250. , plus sewer betterment assessment and drainage easement, for Lot 3, Farmhurst, Section 1, Waltham Street. A proposal to sell this lot was advertised in the September 20, 1951, issue of the Lexington Tax Title Minute-Man. As a result of the advertisement, an offer Property in the amount of $625 (written as $6.25 ) was received from David A. Rix, 324 Marrett Road. Both offers were discussed but decision was held over until the next meeting of the Board. The Chairman informed the Board that Mr. Converse Hill had called him today and said that it is customary to cover a building that High School is under construction, such as the new High Insurance School, with a progress insurance policy. Mr. Stevens said that his recollection is that there is a special insurance clause in the construction contract and agreed to check it further and report to the Chairman. 592 CC Mr. Stevens advised the Board that the Sexton property cannot be rented free of Sexton charge. He said that if the property is Property rented to the Boy's Club he should include in the lease that they are to assume the respon- sibility of complying with all applicable State and local laws and regulations. Mr. Stevens agreed to contact someone at the State House and request him to come out, go over the property with Mr. Burns and Mr. Maloney, and tell just what must be done to lease the property to the Club for six months. Mr. Stevens referred to the street that Mr. Gustave Larsen conveyed to the Town in connection with the installation of water in Oak Street. He said that he had received a letter from Larsen's attorney, Paul McCormack, inquiring as to when the Town is going to Oak Street build the street. Larsen The Board authorized Mr. Stevens to advise Mr. McCormack that the Board has no immediate plans. With reference to a five day week, Mr. Emery asked if there is any real obstruction that would prevent the Board from putting into effect the five-day week on January first from the point of view of getting the necessary money - not making it retroactive . He asked if a Town Meeting were held to authorize it, could the money be spent. Mr. Stevens replied that no Department can spend more than what has been appropriated and Town Meeting would have to vote to apporpriate more money. Mr. Emery asked if it would come out of the E. & D. and Mr. Stevens replied that it could be marked to be paid from next tax 5-day . levy week Mr. Emery asked if it could be done that way and Mr. Stevens replied that he would have to read the Statute on it. He agreed to discuss the subject with Mr. Dine of the Disvision of Accounts . Mr. Gay asked if it would be all right if the Board voted to start the five-day week January first, and Mr . Stevens replied that it wouldn't if additional funds were Going to be needed and explained that a Department cannot spend in the first three months of the year than the highest month in the preceding year. 593 The Clerk informed the Board that Mr. Stewart, Chairman of the Red Feather Campaign, telephoned this evening and asked permission to hang a small red feather, made of wood , on the Boy Scout sign at the Barnes property. According to Mr. Stewart the Scouts have no objection. The request was approved . The meeting adjourned at 11 :20 P.M. A true record, Attest : le ,k