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.
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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.
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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 .
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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.
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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.
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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? �/.