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HomeMy WebLinkAbout1952-06-02-min 260 a SELECTMEN' S MRPTING June 2, 1952 A regular meeting of the Board of Selectmen was held in the selectman' s Room, Town Office building, on Monday evening, June 2, 1952, at 7 :00 P . M. Chairman Nickerson, Messrs . Emery, Gay, Driscoll and Reed were present. Mr. Burns, Sup 't of Public Works, and the Clerk were also present . Mr. Emery referred to the explanation of Article Article e 4 in the latest issue of the Lexington Minute Man and explanation the Chairman lies instructed to request Mr. Adams to in Minute- correct the statement referring to financing the Sunny- Man field Sewer rrojeot. The Chairman read a letter from Charles Heath, 70 Burlington Street, with reference to the proposed sewer lines in Preston Road and Burlington Street . The Board instructed :Ir. Burns to look into the Heath letter seriousness of the situation and report to the Board re sewer next week. ( Mr. Heath' s letter taken by Mr. Burns . ) Mr. Burns reported that he has received a request from Cleaver, Varney & eine, for Raytheon Manufacturing Company, for permission to tap onto the Lexington water Raytheon re- line in Westview Street and run down to their installation quest for in Bedford at Forest Street and Hartwell Road. He ex- water plained that Raytheon will run the line and take care 7of it from Westview Street. They Enticipate a consumption of 150,000 gallons per day which will amount to about 4i.)50 or 4)6.0. Mr. Burns said that he thihks their anticipated consumption figure is high and he suggested that they use the rigular commercial r tes end if they exceed the emuunt, negotiations can then be started for a contract. The Chairman inOired about the timing and Mr. Burns replied that they want a reply right away. The Chairman asked if the Town would be required to do any work and Mr. Burns rfplied in the negative and explained that Raytheon merely wants 'permission to tap in Lexington' s line . Hc said that M. D. C. will have tobe notified and a letter requested from the Town of Bedford advising that Bedford cannot supply the water. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to authorize Mr. Burns to proceed to take whatever steps are necessary to grant the request re- ceived from Raytheon. 261 Mr. Burns brought up the subject of awarding the concrete work at the swimming pool and explained that it is a spall jou, between 43 ,000 and 45, 000. He said that he did not want to advertise it for a contract and receive bids from contractors who might take a long time to do the work nd not have it done correctly. He explained th t he had talked to Town Counsel about asking for letters and he received one Concrete from Custance Bros, and also from Jaynes Soucie of Work at Roslindale. Custance Lros . is about 01.00 per square the foot and Souci is 66¢ per square feet. moth prices are swimming for concrete four inches thick and include break- poll ing out the existing concrete nd putting in new con- crete from the pobl tothe fence all around the pool. He explained that the quotations are about 43900 againsla 45700 and there is 45500 in tie budget. The Chairman asked if Mr. Burns felt these two figures are sufficient am if he wanted Souci to do the work. Mr. Burns replied in the affirmative. The Chairman asked how definite the price is and Mr. Burns replied that he does not want a lump su* price but by comparing them both on the same footage, one is 43900 and the other is 45700. He said that by doing it this way the contractor cannot run into extras without the Town Meeting knowing where it is . Mr. Gay asked how long the job would take and Mr. Burns replied about ten days. Mr . Driscoll asked if there should be three bids and Liar. Burns replied that he has been unable to get three. Upon motion of Mr. Gay, seconded by lar. Emery, it was voted to accept Souci ' s bid et 66¢ per square foot for breaking out, for underground w rk and the concrete in place and finished. Mr. Burns explained that fronds for this work are in the Recreation Committee Budget, but he has a letter from the committee asking him to do the work. Mr. Burns retired at 7 :45 P.M. and Mr. William C. Potter, Chairman of the Cemetery Commissioners, met with the Board re Appointment of a Commissioner to fill the vacancy caused by the death of Mr. Spencer. Appointment Mr. Potter said that he would like to have a copy of Cemetery of the minutes of his meeting with the board for the Commissioner Commissioners ' records, The Chairman asked if he had any comment to make on a proposed new member. Mr. Potter replied that Moth he and Mr . Smith are of the same apiniaa that they would like the Selectmen to name the man to fill the vacancy. 262 C..r 0 The Chairman asked if he would get along II with Mr. George Hynes who will be retirinzJ soon and Mr. Potter replied that he has worked tith Mr. Hynes and thought they would get along very well together. de said that he did know when Mr. Hynes was working for the Telephone Company he could not serve as an elected officer . He said that because the cemettj,meaning Westview, i or both Catholics and Protestants , he thought the B and should have at least one Catholic member. Upon motion of Mr. Driscoll, seconded by Mr. Emel+r, it was voted to appoint George M. Hynes a member of the Cemetery Commissioners, to fill the vacancy caused by the death of 1,r. r''rederick Spencer, to serve until the next Annual Town Meeting or until another is qualified. Mr. Potter retired at 7 :55 P. M. and Mr. Burns returned to the meeting. The Chairman reported to the Board that he had received a telephone call from Mr. Broadhurst, at- torney for Doctor Barnes, who advised him that Doctor Bh, rnes was unable to keep his appointment to meet with the Board this evening, and that he, Ir. Broadhurst, Sunny field could not attend but he wanted to register, as Counsel I Sewer for Doctor Barnes, that he is very desirous of hating the Board use the route that he has laid out for the Sunnyfield sewer. He said that he told Mr. Broadhurst this conversation was just a few hours before the Board would sign the contract for the taking as the board had laid it out . He also told him that the Board had an approximation of yv20,000 additional cost and that the land was assessed for such a small sum, the Board could not see that it was justified in any such elpenditure and wexe proceeding as it had notified Doctor Barnes by letter a week ago Tuesday. He also told him that just before the bids were opened Doctor Bfrnes came up with his final objection and now before the contract is signed he comes in again. He said that he left the matter that the Board was going to proceed along the lines laid out and if his client felt he must sue the Town for damages the Board is reconciled to that fact. The Chairman said that he told Mr. I3roadriurst that he would not commit himself to a number of questions because the Board is reA,resented b- Town Counsel and ,referred him to Mr. Stevens. Mr. Emery said that ht w®lld like to defer voting on awarding the contract Until Town Counsel arrives because he would like to ask him one or two questions. II L 263 Mr. Burns stated that the contractor wants to order materials andllaNt them in the process of be- ing delivered, but he told him to hold up until the contract is signed . His time for starting won't be for ten days or two weeks and he will start from Eldred Street, and it will be four weeks before coming through this particular section. When ..'Ir. Stevens, Town Counsel, arrived at the meet- ing later in the evening, the Chairman explained that the Board wants to proceed along the lines that Mr. Burns has laid out but does not want to proceed until it is sure that it is not open for damages any more than necessary. He explained that if the hoard votes to sign the contract this evening, Mr. turns is of the opinion that the contractor will want to start in a couple of weeks. Mr. Stevens said that the contractor is supposed to start within ten days after the contract has been signed. The Chairman said that Mr. Burns felt that even if the matter of t he taking was not completed, the contractor could start in the streets and then as soon as the taking is made, he could start the trunk. Mr. Emery asked if Mr. Stevens could see any "fish hooks " in this, legally, that perhaps the Board doesn' t see. He said that he could not understand why Doctor Barnes hts consulted a lawyer following what was thought to be an amicable agreement. He asked if Doctor Barnes thought the only way for him to receive damages was to take legal action If not, he asked if 1,Ir. Stevens could see anything that Doctor Barnes might have in mind whereby the sown might be getting into a large damage suit. He said that the third house is owned by Doctor .6arnes' brother-in-law and asked if he has a subdivision laid out in his mind could it be in such a form that the Town might be in for a large damage suit. He asked if the Town would be better off to take the middle lot in. fee. idr. Stevens replied that he couldn't see that that would help. He skid thLt if he has the land tied up with the possibility of a reasonable subdivision which is depreciated in value by the taking he is entitled to damages . Mr. Burns said that if there is no plan on file either tentative or final with the Planning Board or a completed, agreement, it has notbearing. Mr. Stevens agreed that most Courts would not allow it. Mr. Emery asked if the Town would be in a safer position if Mr. Stevens called Mr. Broadhurst tomorrow to see if he could find out what the doctor has in mind . The Chairman said that hemuld be definitely opposed to any hold up on this and does not want to see the procedure delayed. 264 0 He skid that he is convined to accedato Doctor Barnes ' widhes would cost Mo much, money the Town Could take a damage settlement of 413,000 and still be ahead, the assessed value of the entire acreage being only 43,300. the Chairman asked the Town counsel if he has done anything about starting the takings and Mr. Stevens rpplied that he has to secure f, plan from Mr. Burns. The Chairman inquired as to the timing and Mr. Burns said that he hopes to have the plan ready tomorrow or Wednesday. TheChairman said that he thought it would be highly profitable for Town Counsel to talk with Mr. Broadhurst . Mr. Stevens said that he could not express an opinion as to the value of the land and that the question comes down to the best judgement 6C the value, indicating what the Town might get into. The Chairman asked what the Board wanted to do about signing the contract. Mr. Gay said that if Town Counsel sees no reason for not signing it, he would be willing to go along r8 he does not see spending 420,000 extra . Mr. Stevens said that he would not express an opinion of the aomparative cost, but that the Board could make the taking. He said he thought there is provision in the contract wherOWthe line can be changed. The Chairman asked if Mr. Stevens felt this would be u bad case to defend and he replied that it depends on what the real estate men place on the land as a value . The Chairman said that he would be willing to vote to sign the contract if it contains a provision whereby the Board can make some agreement with the owners of the land . He asked if the board felt that it should ho an expert value the possible damage before the contract is signed. he stated "'blast the Board knows it can change the routing if it must at no par- ticular penalty because the units are all in. Mr. imery said that once the contract is signed, the Town is committed to go ahead and Doctor Barnes has the leverage , and if the location is changed, then the Town is at the mercy of the contactor. The Chairman said that he would like to see the contract signed this evening. Upon motion, of Mr. Gay, seconded by Mr. Reed, it was voted to sign Contract No.1 for Sewer Work between the Town of Lexington and Wes-Julian Construction Corporrtion in the amount of 0.49,650. 265 Mr . Emery wish,,d to be recorded as not voting. He said that if Town Counsel had talked with Mr. Broadhurst he would probably have voted for it . The Chairman requested Town Counsel to contact Mr. McIntosh Broadhurst in the morning. Betterment The Chairman read a letter from Neil McIntosh advising that if the Town Counsel will draw a deed to his strip of land on Wachusett Drive, he will release all his interest in it to the Town, The Chairman was authorized to advise hlr .Mclntosh thLt the ioard will hold oy its decision of May 19th to defer the water betterment assessment on this parcel of land without interest. Mr. Stevens referred to the Pizz,Fno claim for damages fnd stated that rizzeno ' s attorney, Mr. Cantor, called and said the damage was about 0120. Mr. Stevens told him that the board would pay 50;6 of whet he could show as damage . His client will sign a release for 060 Pizzano and Mr. Stevens did not recommend going to court over the Claim small difference of the orgina1 claim of 0104. Settled Upon motion of Mr. Driscoll, seconded by .,1r. -teed, it was voted to authorize Town Counsel to settle the claim in the amount of 060. ' Mr. Stevens referred to claim of Mr. Burrill, 33 Wachusett Drive, for alleged damages to ceilings, as a result of blasting, in the amount of 0135. He explained that Cust. nce bros . , Ln their estimate, do not state that the damage was cauded oy blasting. Mr. Burns explained that Gus-Lance figure is for damage caused oy blasting. He had told Mr. 'urns that some of the cracks were old, but that some of them Burrill were new. Claim The Chairman suggested that perhaps Mr. Burrill is covered by insurance and doesn' t h_iow it, He suggested, and the Board agreed, that Mr. burns contact him and ask him to examine his insurance policy to determine whether or nut he is covered If he is not covered, Mr. Burns is to report to the Board and if he is covered, dr . Burns is to advise him to take the mFtter up with his insurance company, Petitions were received from the Boston Edison Company tnd the England `Telephone & Telegraph Company for j/o pole locations on Burlington Street role both hewing been approved by Mr. Burns . ' Locations Upon motion of L.r Gay, seconded oy Mr. Drisgoll, it w s voted to grant the petitions and sign the orders for the following j/0 pole locations : Burlington Street, approximately 1,020 feet east of Grove Street, one pole. (One existing pole to be removed. ) 266 OD Burlington Strett ,easterly Hide, approximately 4U0 feet nottheast of Hancock Street, one pole. (One pole to be removed. ) Petitiaiwas received from the Boston Edison Pole Company and the New Lngland Telephone Telegraph Location Company for j/o pole locations on Woburn Street, northwesterly side, northeasterly from a point ap- proximately 1, 015 feet northeast of Lowell Street, Mr. Burns said that two or three of the pro- psed locations appear to be very close to the lois lines and before long there May be requests to have the poles removed. The Chairman requested Mr. Burns to discuss the locations with the BosSTon Edison Company and report at the next regular meeting of the Board. Letter from Paul J. McCormack, attorney for E&lph Clark, 2935 Massachusetts Avenue, re the in- stallation of water, wts held over from the last Request for meeting. the Chairman was authorized to advise Mr. water at McCormack that previous requests were not acted upon 2935 favorably oy the Board and that no funds are available. Mass. Ave Letter from Arthur C. Dodge, requesting entrance to the sewer, without charges, to service his house at 6 Aubott Road, was held over. The Chairman reported that Mr. Dodge has been to see him twice and each time he has contacted Mr. Burns. The sewer goes lip Abbott Road and services the Sewer Locke house and goes up Meriam Street and services request the basLin house . To service Mr. Dodge 's house from o Abbott Abbott Road will cost about 4300 and to service it hoad from Meriam Street will cost about w426. Mr. Dodge wants to connect from his house to the manhole at Abbott Road, but does not want to pay any charges . Mr. Emery said that he would like to look at the property tnd decision was held over. No action was tfiken on Mr . Viano ' s communication re drainage in Bedford Street and the Board agreed to view the property before the next meeting. Messrs . Stevens and Burns retired at 10:45 P. M. menarAmdma was received from the Massachusetts Selectmen' s Association concerning H1382 on the question Bill of annual step-rate increases in municipal Welfare Depart- H+.1382 ments. A hearing is to be held on this Bill before the House Ways and Means Committee on Wednesday, June 4, 1952, at 11:00 A M. 267 The Chairman was authorized to send a letter registering the Bofrd ' s opposition. Application was received from the League of Women Voters requesting permission to hold a meeting in a Conference Room on Tuesday, June 10th from 9:45 A . M. until noon. Use of Upon motion of Mr. Gay, seconded by Mr. heed, Hall it was voted to grant the use free of charge . Application from the Lexington Town Republican Committee for the use of Lstabrook Hall on June 9th was denied inasmuch as the Board felt this was a political meeting and thereby- a prohioited use of the building. Upon motion of Mr, Gay, seconded by Mr. Reed, it was voted to grant a Sunday ,Movie License to the Lexington Theatre, Inc . Upon motion duly made and seconded, it was voted to appoint Howard Dawes as Director of Civil Defense if he willaaccept the appointment. The Chairman said that he expected to heat from Mr. Dawes this evening. Dir. of Civil Appointments to the board of Health and Board of Defense Public Welfare were held over. Mr. Emery reported that Ralph Chadwick had asked him about the Town garage rent of 410 permonth for a Test Tank owned by Belmont out used in Lexington. It was agreed to offer to pay 45.00 per month and Weights & if this is acceptable to Ar. Chadwick, the Board will Measures request the Appropriation Committee to make a transfer from the Reserve Fund. The Chairman reported that Alan Adams talked with him today and laid thL, t he had a conversation with Roland Greeley re avigation rights . 2+here is an organization that has money to recompense towns for devaluations and for damages from noises, dangers, etc. Ir. Greeley said that there is $104„ 000 that might oe paid to Lexington if the Bedford Airport should make some of its utilities less valuable. Mr. Emery suggested, and the board agreed, that the Chairman contact Town Counsel on the subject. It was agreed to start the summer schedule of meetings and the next regular meeting will be held on Monday, June 16th, at 7 :00 P. M. The meeting adjourned at 11:20 P. M. A true record, Attest: Cl rk