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HomeMy WebLinkAbout1951-03-27-min 412 cc S'H'T CTMEN'S MEETING March 27, 1951 I A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Tuesday evening, March 27th at 7:00 p.m. The meeting was held on Tuesday due to the fact that the Adjourned Town Meeting was held on Monday. Chairman Nickerson, Messrs. Emery, Gay and Driscoll were present. Mr. Burns, Supt. of Public Works, and the Clerk were also present. Mr. Burns reported that Mr. Elwyn G. Preston of Bennington Road called him about the assessment levied against his property for the water main installed to Preston service a Mr. Wilson. water Mr. Every reported that Mr. Raymond Bond had called assessment him on the same subject after having received a bill in the amount of $520.50. Mr. Burns presented a sketch of the properties and explained that neither Mr. Preston nor Mr. Bond are serviced by the water main in question. Upon motion of Mr. Emery, seconded by Mr. Gay, the following votes were passed= Voted: Under the provisions of Chapter 159 of the Acts of 1950, to extend the time for payment of betterment assessment of $247.50, without interest, levied against property of Elwyn G. Preston, until said land or any part thereof is built upon or sold or until the expiration of three years from the date hereof, whichever event occurs first; provided, however, that this extension of time shall terminate immediately if the facilitites of the water main are used for said land or any part thereof. Voted: to abate the water betterment assesent levied against other property of Preston in the amount of $123.00. Voted: Under the provisions of Chapter 159 of the Acts of 1950, to extend the time for payment of betterment assess- Bond water ment of $520.50, without interest, levied against property assessment of Doris E. Bond, until said land or anipart thereof is nuilt upon or sold or until the expiration of three years from the date hereof, whichever event occurs first; provided, however, that this extension of time shall terminate immed- iately if the facilities of the water main are used for said land or any part thereof. Mr. Burns requested authorization to purchase a street Sweeper sweeper and explained that the two most popular units are Elgin and Wayne. he has conferred with two different people who own both and their feeling seems to be in favor of the Wayne. 413 Mr. Burns reported that he has driven both types and there is one particular reason whyhe might prefer a Wayne. Almost any mechanic can work on this sweeper and the parts are available. Be explained that the maintenance cost of any sweeper is high. He received a bid for a Wayne sweeper at a net cost of $9,540 and a bid for an El- gin sweeper at a net cost of $9,940. Upon motion of M . Gay, seconded by Mr. Driscoll, it was voted to authorize Mr. Burns to purchase a Wayne street sweeper at a net cost of $9,540. Mr. Stevens, Town Counsel, arrived at the meet- ing at 7;09 p.m. Be explained that he had prepared a partial re- lease of land from ws.ter betterment assessment rel- ative to property on Burlington Street and conveyed to Colin T. Ross, et al by Jack H. Johnson,. et al. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to execute the document as jr epared and recommended by Mr. Stevens. At 8 :10 p.m. Mr. A. J. Kochis and five other persons met with the Board, at Mr. Kochis' request to discuss drainage. The Chairman said that he assumed all personjres- ent were familiar with the letter written by Mr. Kochis Kochis and that he would read it if they so desired. drainage Mr. Kochis asked if it would be proper for him complaint to read a copy of a letter tgthe Board from Mr. Sabin, State Highway Engineer. The Chairman said that he would handle the subject any way Mr. Kochis wanted to and proceeded to read Mr. Sabin's letter. Mr. Kochis explained that subsequent to the let- ter he was asked by the former Supt. of Public Works and Mr. Emery to discuss the subject with Mr. Martins as the State claimed that the broken pipe was located on his property. Mr. Kochis said that he felt this was not his responsibility, but that it was up to the Town. He said that the entrance, which is the basis for all the trouble, is located on Town property. Mr. Emery asked him what he meant and said that as he recalls it, the water, as it comes from marsh, crosses one corner of the Town lot. Mr. Kochis stated that it was more than a corner and Mr. Emery said that the source of the water is not the Town lot, but it merely crosses the Ibwn lot. Mr. Kochis said that the opening is in the Town property and Mr. Emery explained that even if this is so, and the Town. fixes it, the Town has no right to anter Mr. Martin's property and fix it under his sun- porch. 414 Mr. Emery said that he wanted to clear up the .e " point that the Town lot is not supplying the water that is bothering Mr. Kochis. Ue asked if Mr. Kochis had ever seen any obstruction on the Town lot and he replied in the negative. TheCheirman explained that the members of the Board had all been ever the area and the oint of issue is that f the Board cannot do anything on tha land even if the Town were permitted to go onto private p perty or even if the Town were permitted to do drainage work. He explained that the Town cannot go onto private property and make repairs. He said that furthermore The Town cannot do the work because if an -attempt were made to correct the situation and it did not prove to be satisfactory the people would again raoquest further work to b e done. He said that the Town cannot go onto private property, or under a man's sunporeh. The Chairman said that it is quite evident that un- til the house was built there the water went out under Route 2A and came out at the culvert on the other side. At some time that drain ceased to work. ne said that evidently the drain is still trickling and not flowing.' He said that he would think the solution would- be for the people to get together and make some arrangement with the neighbor, whose sunporch is over the drain, and try to have it repaired. He asked the Town Counsel if there is anything that would prevent the community as a group getting together and trying to correct the situation themselves. Mr. Stevens said that he is not sure that he under- stands it, but apparently this is a natural water course which has existed for some time and when the State put in 2A they did not block it, and it appears that one individual has blocked it. Mr. Martin, who owns the house involved, said that he does not understand how the pipe was located under his sunporch. Mr. Kochis said that when the pipe was installed it was put in for a drain and it was done by the Ton. The i'hairman said that the State put in 2A and presumably at that time the State relieved the pressure of water by putting the culvert in there. He stated that beyond that the discussion is in the realm of supposition. He explained that there is no record that the Town put it in there and no reason for putting it in. Mr. Stevens stated that the Board could write a letter the same as Mr. Sabin did and say that the Town did not put it in. ;He explained that the Town does nott have the responsibility of draining land within its borders and that every land owner is responsible for his own land. If there is a natural water course across the land, it cannot be blocked . 415 The Chairman said that the Board is still willing to review the situation and see it anything can be done but he cannot hold out any hope and cannot promise that the Town will fix the situation. Mr. Emery asked if Mr. Martin owned his house and he replied in the affirmative. Mr. Emery asked if he built it and he replied in the negative. Ile said that the sunporch was on the house when he purchased it. The Chairman said that the Board would give this subject further serious consideration and the group retired at 9:00 P.M. Mr. and Mrs. Anthony Ferrari and Mr. Antonio Farf aras met with the Board relative to having a water main installed in Leonard Rcad. The Chairman stated that Mr. Ferrari was aware, when he planned to build his house, that there was no water in the street. Ferrari Mr. Ferrari said that before he started to build request he was told that it would not be possible to have a for main installed last year, but that it might be pos- water sable this year. The Chairman explained that the 1951 budgets "" were just passed a week ago and just this evening the Board began discussion on what is to be done with the money appropriated last week. Be said that Mr. Ferrari's application will be considered, but it is not possible to tell him that water will be available next week or next month. Ae g lained that there are a number of applications/andit Board will have to follow them in some reasonable order. Mr. Ferrari said that people on the street now have a pit meter and if the Town is not going to install a main, he would like to have a pit meter and lay hia6wn pipe. Mr. Burda raised the question as to betterment assessments after the main is installed, once the property owners have water. The Chairman asked how soon Mr. Ferrari expected to move in and he replied about the first of May. The group retired at 9:15 p.m. It was agreed to have Mr. Burns send a petition to. Mr. Ferrari and instruct him to obtain signatures for the installation of a water main in Leonard Road. Petition was received from residents in the vids- inity of Clematis Brook with reference to flooding of land. The Board agreed to inspect the area Saturday morning. The Ohairman read a letter from Mrs. Rich asking the Board to advise her what department has jurisdiction of Parking Meter Maintenance so that bills will be presented from the proper source. 416 Mr. Stevens informed the Board that this item should have been in the kolice Department Expense budget and suggested that the Board advise the Ac- ' counting Department that this comes under the jur- isdiction of the Chief of 'olice. Mr. Stevens retired at 9:35 P.M. Letter was received from Mr. W. R. Greeley with reference to the heating system and fire whistle motor at Cary Hall. Mr. Burns was instructed to investigate and submit a report to the Board. lie agreed to do so and took Mr. Greeley' s letter with him. Mr. Burns retired at 9:50 P.M. Request was received from the V.F.W. Auxiliary for pertission to conduct a rummage sale at the Barnes Rummage property on Saturday, April 7th. Sale Upon motion of Mr. Gay, seconded by Mr. Inery, it was voted to grant the request. Upon motion of Mr. Gay, seconded by Mr. Driscoll it was voted to approve surety bond, in the sum of $1,000 on behalf of William E. Russell as Constable. Request wes received from Mrs. Richard Marshall, on behalf of "lpha XI 1'hapter of Beta Sigma Phi, for permib- sion to eonduct a rummage sale at the Barnes property on Saturday, May 5th. Upon motion of Mr. Gay, seconded by 'ar. Driscoll, it was voted to grant the request. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to grant the following uses of halls free of charge: Veterans of Foreign Wars Estabrook mall April 3 Meeting Lex. Field & Garden Club " " " 9 " Veterans of Foreign Wars Cary Ball May 28 Installation Knights of Columbus " " " 6 Breakfast Upon motion of Mr. Gay, seconded by Mr. Beery, it was voted to renew Robert N. Cann's license as an Auctioneer. The Clerk informed the Board that the Accounting Mrs . Rich Department had requested a letter establishing Mrs. Rich's salary salary as Temporary Town Accountant. The `'hairman was authorized to write a letter to establish Mrs. Bichos salary as $60 per week. The clerk informed the Board that if a letter is seat to the Department of Public Welfare advising that in the future the Department is to be billed for all uses of the Town ambulance, the Department clan collect from the State. 417 Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to bill the Deparlbtent of Public Welfare for all uses of the Town ambulance by that Department, retroactive to March 1, 1951. Upon motion of Mr. Gay, seconded by Ir. Driscoll, it was voted to make the following appointments for terms expiring March 31, 1952: (Quote) The following bids were received for two new crusiers for the Police Department: F. K. Johnson, Inc. 2 1951 Styleline Special Model Chevrolet 2 door sedans Delivered price less tax $1470.00 Heater & de 'voster 42.50 lb.!2.by I'llowance for 1948 and 1949 Chevrolets 1827.00 Net cost 114�a.uu Frederic R. Childs Ford 8 Cyl. 100 H.P. Deluxe Tudor Sedans, equipped with magic air heaters oil filters and seat covers. Price minus 1648.00 Federal Excise Tax: $1648.00 Allowance on "llowance 1948 car 928.00 on 1949 car 1148.00 Net cost 720.00 Net cost 500.00 Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to accept the bid for two Ford Deluxe Tudor Sedans submitted by Frederic R. Childs. The meeting adjourned at 10:45 p.m. The next regular meeting of the Board will be held on Monday, April 2, 1951. A true record, Attest: �7431'1? �/.