Loading...
HomeMy WebLinkAbout1951-07-23-min 503 SELECTMEN'S MEETING July 23, 1951 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building on Monday evening, July 23, 1951 at 7 :00 P.M. Chairman Nickerson, Messrs. Emery, Gay, Driscoll and Hoyt were present. Mr. Burns, Supt of Public Works, and the Clerk were also present. Miss McDonough, Assistant Town Clerk, met with the Board for the drawing of two jurors for jury duty, Jurors Superior Court. Mrs. Dorothy D. Hezlitt, housewife, 83 Grant Street and Leonard F. Foss, lumber, 12 Hancock Street were drawn. Miss McDonough retired. Mr. Burns reported that he and the Chairman had inspected the leaks in Cary Building. He said that the condition is getting worse and the question is what to do about it or what to prepare to do about it in the budget. He explained that it will take time for someone to engage or arrange to engage an architect to take care of the work when it has been authorized. The Chairman stated that he and Mr. Burns .feel that the condition is serious enough so that they Leaks in don' t want to call in a water proofing company, but Cary Bldg. would prefer to contact the architects, Kilham, Hopkins and Greeley for a discussion as to how the problem should be attacked and then consider the expense. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to contact Mr. Greeley and make an appointment to discuss the problem as suggested by the Chairman. Mr. Burns said that he would like to know what action is to be taken on the requests for street acceptance. He stated that petitions have been sent out all through Woodhaven development, Preston Road, Wilson Road, Bartlett Street, etc. He said that some of the petitions have been returned and have a high percentage of signatures, and read the following figures: Woodhaven -- Woodcliff e, Hudson, Normandy and Underwood, total average for the area 83.16% Street Woodcliffa Road 81.25% Acceptance Hudson Road 78.6 Normandy Road 89.5 Underwood Road 83.3 The Chairman asked if the base on these streets is up to specifications and Mr. Burns replied that they are in good condition to do now. He explained that he has figured on $1.50 a square yard and then allowed more for shaping shoulders, loaming and contingencies and arrived at $6.50 per foot. He said that he based all the assessments on $3.50 for each side of the street, and the majority of the lots are 100 feet. 504 Mr. Emery said that the Board is committed on its policy and has given everyone to understand that the Board is in favor of having streets accepted. He said that he thought the only thing to be decided is if they are to be presented at the Fall Meeting. The Chairman raised the question of putting on hot top during cold weather and Mr. Hoyt did not feel that the streets would justify calling a Town Meeting in the Fall. It was the opinion of the Board that these streets should be ready for the next Annual Town Meeting. Mr. Burns then discussed acceptance of Preston Road and explained that it is in two sections, came in as one, but he broke it down into two. He said that between Crawford Road and Blake Road only two people out of nine signed. After the recent storm a Mr. Cole came in and Mr. Burns explained the situation to him. On July 20th he took an additional petition with the names of the people who did not sign the original petition and this last petition is still out. Ninety percent of the people have signed on the Bedford Street end up to Simonds Road. He said that before the week is out he in- Preston tends to find out if the street can be sewered Road down by Lidberg's farm and if it can be, he will ask to have the sewer installed when the street is constructed. However, if it cannot be sewered, he will still ask to have the street built. The Chairman suggested that further consider- ation of the acceptance of Preston Road be held over until the next meeting to see if the other half of the street is to be constructed . Mr. Hoyt suggested the possibility of setting a dead line for accepting petitions for street construction, water and sewer installations. Mr. Driscoll said that he would like to hear how the Sup' t of Public Works feels about it. The Chairman suggested, and the Board agreed, that Mr. Burns give this subject some consideration and report further at the next meeting of the Board. Mr. Burns discussed the sick leave policy and said that he would like to have something worked out whereby an employee would not lose the first two days' pay. He explained that when the present policy was originated, it was an .effort to prevent Sick the men from taking time off. He said that, on .cave the other hand, some men if they stay home for a day or two would actually save time by taking the time off to recover, and that a man out sick for a day would not necessarily have a doctor. He stated that the policy in most towns is for the sick leave to start as the day of sickness and that it is generally left up to the Sup' t of Public Works to determine whether or not a certificate is necessary. 505 Mr. Burns said that he does not expect the Board to arrive at any decision this evening. Mr. Emery said that he would be inclined to accept whatever Mr. Burns might recommend. The Chairman asked if Mr. Emery would be willing to consider a vote whereby the present policy would be discarded for a trial period of one year, and ask Mr. Burns to keep a record for a year of the various in- dividuals who are out sick. Mr. Emery replied in the affirmative. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll it was voted to discard the present sick leave policy for a trial period of one year, and further to leave the responsioility of determining whether or not a doctor's certificate is necessary up to the Superintendent of Public Works. Mr. Stevens, Town Counsel, met with the Board of 7:50 P.M. The Chairman read a letter from Edwin B. Worthen, Treasurer of the Lexington Savings Bank, referring to damage caused in the recent rain storm which he claimed was due to the fact that the drain in Massachusetts Avenue did not function properly. He stated that the drain from Clarke Street to Vine Brook was laid in 1906 and that three abutters, including the bank, contributed $1,075, towards the cost of the new drain. Mr. Worthen suggested that the trouble could have been caused by lack of a sufficient number of catch basins or a break in the drain. Mr. Burns explained that there is no opening in the drain from the bank building to the Colonial Garage and that there is only one way to investigate it and that is to dig it up. He explained that the distance is too far to be rodded, and that it will Mass. Ave. cost between 0500 and $600 to put in three manholes. Drain Mr. Emery suggested that Mr. Burns check into (Savings this further and place it on his list for a future Bank) meeting. The Chairman suggested that action be deferred until another storm, rather than spend $500 or $600, inasmuch as the recent storm was most unusual. Letter Was received from the State Department of Public Works, together with contract in duplicate for maintenance of the following Cnapter 90 streets: Massachusetts Avenue, Pleasant Street, Bedford Street, Chapter Wood Street, Maple Street and Waltham Street. 90 Upon motion of Mr. Gay seconded by Mr. Driscoll, it was voted to sign the contracts and return them to the State for the Commissioners ' signatures. Mr. Stevens reported briefly on the Monsignore case. Mr. Monsignore applied to the Board of Appeals for a permit to operate a store on Laconia Street, the et permit was denied, but proceeded to conduct the business . Mr. Stevens said that there is a question as to Monsignore whether or not this is a nonconforming use. Court Case He asked if the Board wanted him to take legal action if he thinks it should be started. It was unanimously agreed to authorize the Town Counsel to instigate legal proceedings if he finds there is a violation and it is in the best interest of the town. Mr. Stevens also reported briefly on the Legal Issue Goodwin matter, 9 Pearl Street. The Board instructed Mr. Stevens to start legal action if he deems it advisable . Mr. Stevens discussed the subject of sand and gravel removal. He said that it would seem to him that the Chief of Police should report to the Building Inspector any cases where sand and gravel is being hauled out. The Building Inspector in turn would check to find out whether or not the individual removing the sand or gravel had a permit Removal of to do so and if not proceed to stop the removal. Sand and It was agreed to have the Chairman compose a Gravel letter to be sent to the Chief of Police and submit it to the Board for approval. Mr. Burns suggested that Mr. Lindstrom be officially notified of any instructions to the Police Department so that there will be no misunderstandings. Mr. Tropeano's letter of June 25th with reference to the water betterment assessment levied against property of Alphonso B. & Magaret L. West on Oak Street was held over. Mr. Stevens reported that he had talked with Mr. Tropeano today and he has no more information. Mr. Tropeano felt that the West matter could be worked out by allocation a Betterment certain amount of the betterment to the house Assessment lot and postponing the balance. Mr. Stevens told him that it seemed to him that Mr. West might object. He informed the Board that as far as he is concerned it is up to Mr. Tropeano from here on. Letter was received from the Northeastern Gas Transmission Company, a copy of which was mailed to Town Counsel, in connection with the construction of a proposed natural gas pipe line. Bond re Mr. Stevens explained that, under the Statutes natural where a private corporation, other than a railroad, gas line makes a taking in a town, either the corporation or the owner of the land can ask the Selectmen to fix the damages. If either file with the Board of Selectmen a bond acceptable to the Board for the payment of all dama6es and costs. 507 Mr. Stevens explained that the Northeastern Gas Transmission Company has suggested $500 for the bond, but it seems to him that the amount of the bond should 11 be $1,000. Upon motion of Mr. Emery, seconded by Mr. Driscoll it was voted to authorize the Town Counsel to notify the Company that a bond of $10,000 should be posted Mr. Stevens retired at 8:45 P.M. The following members of the Recreation Committee met with the Board : Chairman Foley, Messrs. Crerie, Legro and Potter. Mr. Garrity, Sup' t of Parks and Playgrounds was also present. Bids Sealed bids were received for reconstructing two for tennis courts at the Center Playground, opened and Tennis read by the Chairman of the Board of Selectmen as Courts follows : Dennis Driscoll & Co. , Inc. $3,924 P.J. Joyce & Son 4,740 William E. Maugin) David S. Durant ) 6,640 Robert Beal-Home Maint. Service 4,195 Dr. Foley stated that the sum of $5,000 has been approved in the budget for this item and at the present time there is a balance of $4,996 in the account. Upon motion of Mr. Legro, seconded by Mr. Cronies it was voted to accept the low bid submitted by Dennis Driscoll & Co. Inc. , in the amount of $3,924. Dr. Foley reported on the condition of the gate house at the reservoir and expressed the opinion that it should be taken care of as soon as possible due to the fact that it is about ready to collapse. Mr. Garrity said that he would like to have the Reservoir gate house pulled away and have a survey made of the Gate House water going into the reservoir. He stated, however, that if this were done, there would be no skating area there next year. The Chairman of the Board said that the Selectmen are not particularly familiar with the conditions of the gate house and the Board has two methods of dealing with problems such as this. One method would be for the Board to inspect it and the other would be to discuss it with individuals who are familiar with the subject and take their advice. The Chairman asked if this is something that the Committee wants taken care of right away and Dr. Foley replied in the negative, but added that it should be done in the immediate future. The Chairman asked how much it would cost to take the house down and if funds are available. Mr. Burns replied that he could not say offhand, but he thought it might cost approximately $1,000. He further stated that if the house is taken down, no one will be satisfied until it is replaced and the reservoir holds water. L 508 Mr. Garrity informed the Board that there is a tank at the rear of Brenchick's property on Lincoln Street and, in his opinion, something should be done about it, and he recommended that it be filled in. He stated that complaints have been filed by neighbors Tank on in the vicinity because of the odors. Brenchick The Chairman of the Board inquired about its Property original use and Mr. Garrity explained that it was a receiving basin used prior to the Town being connected with the Metropolitan Water System. He explained that it is approximately 14' wide and 14' deep. He said that the water from this well was used to fill the swimming pool at the Center Playground but this was discontinued because the water from the Dump was seeping through the wall and it was almost impossible to filter. The Chairman assured the group that the Board would look at the tank and inform them of its decision. Dr. Foley reported that the Recreation Committee has in mind developing a playground area in the vicinity of Woodhaven and presented a sketch of the proposed location entitled "Part of Farmhurst, Sec. 4, Scale 1" -100' . He stated that it would be similar to the Kineen Pond Playground and would take care of the children in Woodhaven and the Fair Oaks Section. He explained that originally the Committee discussed the area which was taken by the Town as a fire station site. He said that the Committee is in favor of taking lots 178 to 190 and of these lots, 4 are owned by the Town. He stated that the total assessed valuation, of lots 178 to 191 inclusive, is $1,850. Mr. Crerie said that there are between 300 and 350 children in the Woodhaven area and 75% of them are Proposed under six years of age. Woodhaven The Chairman stated that there is not much that Playground the Board can do tonight other than take the information which the Committee has passed along. Dr. Foley said that the land is fairly low but that would not be any deterrent as far as the playground is concerned. He stated that the area is relatively level and it would require very little work to level it off and put it into shape, but did say that there is a .brook through the land which would have to be piped or filled in. The Chairman asked if it is an area that floods and Dr. Foley replied that it might in the early Spring, at which time it would not be used. The Chairman asked if this item would be included in the Committee' s 1952 budget and Dr. Foley replied in the affirmative. He explained that he has discussed the ,subject with the Planning Board and that Board has given its approval of the location. The Chairman asked if the owners of the land intended to build and Dr. Foley replied that he does not know. N®) The Chairman asked if this project is something suggested by the people in the neighborhood and Dr. Foley replied in the negative and said that it is something initiated by his Committee. Mr. Burns said that several requests have been made to extend Grassland Street to Waltham Street and asked if this were done would the Committee consider any other area. Mr. Legro said that the Committee selected this par- ticular location because it appears that there would be much less work involved than in any other area. The Chairman informed the Committee that the Selectmen would view the location. Dr. Foley asked if the Board has taken over the jurisdiction of the playground, or the area that would be a playground at the Fiske School. He said that his Committee understands that the School Committee has turned over to the Town or is ready to turn it over, and asked if, in the event it has been turned over will it revert to the Recreation Committee for a playground. He said that if it is to revert to his Committee he would like to know when it may be made usable. osed The Chairman said that insofar as he knows it has Woven not been turned over to the Board but he would refer to play ound communication covering this subject received from the School Committee some time ago. Dr. Foley informed the Board that requests have been received for equipment for the younger children in the Kineen Pond play area. He said that the Com- mittee has a Jungle Gym and a set of teeters at the rear of the High School which can be transferred to the Kinneen Pond Playground. He said that he would like to request a sand box for the children and Mr. Garrity has quoted a figure of $100. The Chairman explained that there are no funds available and that if the Recreation Committee believes that a sand box is necessary, it should be included in the 1952 budget. The Committee retired at 9:25 P.M. Mr. Garrity reported at length on the Dutch Elm Disease and explained that the Town is not responsible Dutch for trees on private property but if the disease is Elm to be controlled, the Town should remove them. Disease The Chairman explained that Mr. Garrity explained -_ that Mr. Garrity would like to purchase a combination purchase chain saw with a generator attached. of saw Mr. Garrity said that the saw he is now using cannot be taken into a tree and the one he has in mind is about 181 long with a cable on it and can be carried up in a tree. Mr. Gay inquired as to the money available and II Mr. Garrity said that there is a balance of $895 in the Moth Department and $6,375.95 in the Shade Tree Dilision. He said that the saw he would like to puchase would cost $810. 510 b The Chairman asked if Mr. Garrity was prepared to mt tell the Board that he will need more money for labor to take down the diseased trees or if he was just asking the Board to consider purchasing a new saw. Mr. Garrity replied that he is just giving the Board an idea of the condition of the trees and recommended the purchase of the saw. He also asked if the Board wished him to continue to use the form letters (sample submitted to the Board ) he has been sending out to owners of diseased trees. Upon motion duly made and seconded, it was voted to authorize Mr. Garrity to purchase a combination saw, generator and cord in the sum of 010 and charge this expense to the Shade Tree Fund. It was further voted to authorize Mr. Garrity to continue to send out form letters to the owners of diseased trees located on private property, inserting the work "I" in the third from the last line between the words "and" and "will". Letter from Mrs. Isabelle Linney, 127 Shade Street, requesting the removal of a tree in front of her house was held over from the last meeting. Tree Letter was received from Mr. Garrity stating that Removal there are two trees which are giving more shade than the one in question. Her complaint is that the tree shades her house too much. He recommended lightening the lower limbs in an effort to solve the problem and if this is not satisfactory then remove the two outside trees. The Board was not in favor of removing the trees and decided to view the situation. Mr. Garrity retired at 9:50 P.M. Mrs. Catalano's letter claiming damage to crops due to flooding was held over from the last meeting. Catalano Mr. Burns presented a plan of the area and explained Complaint the situation. He told the Board that the Town does not contribute to the water on this land and has been operating on the basis of cleaning brooks only where the Town is contributing water to streets. The Chairman suggested that Mr. Burns discuss the subject with Mrs. Catalano and he agreed to do so. Letter was received, together with several signatures Cedar St. from residents on Cedar Street and adjacent streets Sewer requesting the installation of a sewer. Consideration to be given the subject when 1952 budgets are discussed. Petition requesting the erection of warning signs on Fern Street was held over from the last meeting. Mr. Hoyt Signs on reported that he has discussed the subject with several Fern St. people who signed the petition and they feel that there is speeding on the street. Mr. Needham expressed the opinion that he thought it was men working in the Moon Hill who are speeding. 511 Mr. Hoyt said that he is not sure the signs will do any good, but that something should be done to at least appease the people. Signs on Mr. Burns said that the signs-scout between Fern St. $10 and $12 not including the posts and the total cost is approximately $15 each. Upon motion of Mr. Emery seconded by Mr. Hoyt, it was voted to authorize the Superintendent of Public Works to erect "Children - Go Slow" signs on Fern Street. The Chairman read a letter from the School Committee stating that the J. J. Powers Co. is pressing the Committee to determine the driveway School from Park Drive to the new high school, claiming Driveway that it will facilitate their work to have it built early. It was agreed to defer any action until some future meeting. Mr. Burns retired at 10:20 P.M. Mr. John Blackwell and Mr. Hamblin met with the Board relative to the tax title property in the so-called Meagher development. Mr. Hamblin said that he thought the land has possibility but it is no better than its title. At the present time, according to his attorney, the title of the land in its present status is very doubtful. Meagher The Chairman stated that this is an expensive Tax Title and difficult matter inasmuch as the titles have property lapsed for such a long period of time. Mr. Blackwell said that he has discussed the subject with Town Counsel and that the Town can assess to owners unknown. Ih.e Chairman explained that the Town Counsel is very busy with other Town work, out if the work slows up he is willing to devote some time to this matter. Messrs. Blackwell and Hamblin retired at 10:30 P.M. Letter was received from Dominic Petringa, 141 Bailey Road, Somerville, offering $500 for lots 50- 53 inclusive on Hillside Avenue. Due to the fact that the Planning Board is Tax Title considering an overall project in this general area, Property Mr. Gay moved not to dispose of the property. Mr. Hoyt seconded the motion and it was so voted. The Chairman read a letter from the Board of Fire Commissioners stating that the State Fire Marshal had inspected the Arlex Oil property and saw Arlex Oil no reason why a permit should not be issued for the Permit storage of 40,000 gallons of #2 fuel oil only at 267 Massachusetts Avenue, Lexington. 512 cc c Upon motion of Mr. Emery, seconded by Mr. Hoyt, it was voted to grant the following licenses: Licenses Lexington Theatre, Inc. 1794 Mass. Ave. Sun. Movies Countryside Associates, Inc. Lowell St. Sun. Golf The Clerk informed the Board that, due to the recent referendum for which no provision was made in the budget, it is necessary to request a transfer of $400. Upon motion of Mr. Emery, seconded by Mr. Gay, Transfer it was voted to request the Appropriation Committee to transfer the sum of $400 from the Reserve Fund to the Elections Expenses Jurisdiction of Selectmen Account. Upon motion of Mr. Driscoll, seconded by Mr. Gay, Election it was voted to appoint the following election officers Officers for a term expiring September 1, 1952. (See Selectmen' s Files-Election Worker' s 1951). Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to sign instruments of partial release of land from water betterment assessments; said lands located on Burlington Street, Grove Street and Ivan Street, affected by the location of Route 128. The Board discussed briefly Chief Rycroft's request that a special examination be held for Police additional police officers. The Chairman was I Examination authorized to advise the Chief that the Board has decided to wait until another regular exam- ination is held and not to ask for a special examination. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, Veteran's it was voted to sign a deed, prepared by Town Counsel, Lot conveying Veteran Lot #17, Cedar Street to Mildred A. and William F. Furdon. Upon motion duly made and seconded, it was voted Taking to sign an Order of Taking, prepared by Town Counsel, Sexton of the land and buildings numbered 1519 Massachusetts Property Avenue, supposed to be owned by Louise Sexton. Original Order delivered to Town Counsel. The Board agreed to hold the next regular meeting on Monday, August 6, 1951 at 7:00 P.M. The meeting adjourned at 11:15 P.M. A true record, Attest: C erk