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HomeMy WebLinkAbout1952-05-19-min 251 Selectmen' s Meeting May 19, 1952 A regular meeting of the Board of Selectmen was held in the Selectmen' s hoom, Town Office Building, on Monday evening, May 19, 1952, at 7:00 P. M. Chairman Nickerson, .,.essrs. Emery, Gay, Driscoll and heed were present. Mr. Burns, Sup ' t . of *Public Works, were also present. Petition vas received, signed by Dr. & Mrs . William L. Barnes, Mrs. Agnes M. Commons, Gorham and Grace But- trick and Samuel Sanders , requesting that the proposed trunk line sewer be installed in the following location: Petition "Entering upon the Barnes property at the most from northerly boundary on Bedford Street, following the Barnes etal lot line rt an angle of approximately BO degrees from Sunnyfield Bedford Street in a southwesterly direction to a point Sewer of about 650 feet from Bedford Street, thence at about Location anangle of approximately 100 degrees from this lot line so thnt the remainder of the trunk line passes through tore southerly portion of the Barnes property, and follows e most southewatenyboundaries of Commons and Buttrick properties, to a pointy approaching the State Highway Route will 128. This trunk line/lie approximately 631 feet fro/p and paralllel to Bedford Street . " The petitioners also stated that the present proposed location of the trunk line is most undesirable and will bAetrongly objected to, s it bisects valuable land in such a manner as to render it worthless. The Chairman said that this petition controverts what Doctor Barnes told Mr. Burns several weeks ago, and leaves the Board with two choices . One is to change the line as he proposes and the other is to take the casement by eminent domain. Mr. Reed inquired about the additional coat and Mr, Burns replied th, t it would be between 410,000 and 0.3,000 assuming 410 perefoot. He said that the actual direct cost is something over ,pa,000 and the additional cost will have to be figured out. He stated that roughly he was talking about 420,000. He also explained that the total assessed value of all the land is 43,3 /5. and this includes all the area owned by all the petitioners . Mr. Emery asked ifeMr. Burns intended to take a fee or an easement and he replied that he intended to take an easement. Mr. Emery said that the easement would prevent building on top of it and Mr. Burns said that it actuelly does not prevent building. If anything happened tothe sewer, the cellar v.ould have to be dug up but other than that there is nothing to prevent him from building over the easement. C cc z. Mr. Emery inquired as to the depth and Mr. Burns replied that it will be between sixteen and eighteen feet.Mr. Emery asked if it were practical to have the manhole covers below the grade and Mr. Burns replied in the affirmative . Mr. Emery asked if there is any plan on file for houses and Mr. Burns replied in the negative. The subject was discussed with Town Counsel, when he arrived at the meeting later in the evening, and he was advised by the Chairman that the Board has decided to go along and make the taking for en easement; the easement to be fifty feet of which twenty-five fi6t will be permanent. The Chairman read a letter from Mrs . Marie Catalano with reference to cleaning Clematis Brook and claimed that several crops have been lost because of flooding on her land. Catalano Mr. Burns said that he has to wait until he can get Complaint on the land and the Chairman was authorized to answer the letter and state that the Town cannot do any work on the brook now because conditions are not suitable, but that the situation will be remedied as soon as possible. Letter was received from Neil McIntosh requesting an abatement of 4300 water betterment assessment levied against propetty owned by him and located on Wachusett Drive. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted; To extend the time for payment of the bet- McIntosh terment assessment, totalling X300., assessed upon land Deferment now or formerly owned by Neil McIntosh, located on Wachusett Drive, without interest, until said land or any part thereof is built upon or sold or until the ex- piration of three years from December 17,1951, which- ever event occurs first : provided, however, that this extension of time shall terminate immediately if the facilities of the water mainare used for Said land or any part thereof. Mr. L'urns reported on the difficulty he is having t ire a man, with available funds, to take over the de ails of the various projects, and the problem was discussed at length. The Chairman explained that the Board cannot give Mr. Burns blanket authority and Mr. Burns said that he realizes that. Mr. Stevens at the meeting. The Chairman read a letter from T A. Berrigan, Dir- ector and Chief Engineer of the Sewerage Division, M. D. C. in retard to the acquisition of tipproximately 1171 of Mill Brook Valley Sewer constructed by the Town in 1948. 253 The Commission offered 4L,3,229.76 for the sewer. The Board felt that a fair price is 475,000 and the Chair- man telephoned Mr. Bateman, Jhairman of the Appropriation M.D.C. Committee in an effort to obtain the Committee 's reaction, Sewer Mr. Bateman informed him that his Committee voted this Offer evening to approve whatever is recommended by the Select- men. Mr. William G. Potter, Chairman of the Board of Cemetery Commissioners, met with the Board with refer- ence to filling the vacancy on his Board caused by the recent death of Mr. Spencer, written notice having been given to the Board in compliance with Section 11 of Chapter 41 of the General Laws. Cemetery The coat an referred to a conversation he had with Commissio, Mr. Potter and asked if he had any idea as to whether or ers not Mr. James Walsh would serve on the Board and Mr. Potter replied that he has not approached Mr. Walsh or anyone else. lie said that there is a question in his mind rs to whether or not Mr. Walsh will be a candidate for re-election next March. He stated that if a new member is to be chosen, he might as well be selected now as next March. The Chairman explained that the Board has not given the subject much consideration because the members felt that if Mr Walsh woald accept appointment, that would be the answer. Mr. Potter said that Gai4Smith agrees with him that they would prefer to have the` Selectman choose a candidate as he does not like aelectin.„2, his own Board . The Chairman said that the Board would have to hold this over for one more week m nd Ur. totter said that he would be at a Planning Board meeting next Monday and he would be available to meet with the Board which he supposed would be the correct legal procedure. He retired at 13;10 P. M. Mr. Harvey Nugent met with the Board. He referred , by plan, to his development in the Wood Street area and claimed that water runs off Wood Street onto his lots . He explained that the lots have been built upon and water goes into the cellars . He said that he thought these taxpayers Lre entitled to proper Wood drainage and that the Town should pay for it. Street The Chairman asked if he meant that the water Drainage coming from the surface of Wood Street is causing all the trouble and he replied in the affirmative. Mr. Nugent said that drainage was not put in Wood Street Es it should have been and he is requesting the Town to pay for connecting to his manhole . He said the street is a main thoroughfare cnd he feels that there 254 zo to should be storm drains installed all along the street to take care of this condition. Mr. Burns said that there should have been drainage on Wood Street and also on about twenty or thirty miles of other streets in town, but there hasntt been. The Chairman said that the Board does not know when drainage could oe installed, if the Board decided to in- stall it, but it definitely won ' t be this year. ,.Ir. Burns mentioned the fact that this is drainage in a development, and he felt that all devdlopers are taking care of the drainage. If the town assumes responsi- bility for this drainage, it will be putting in drainage for other developers, or some portion of it, ,ir Stevens stated that there is no obligation on the part of the Town. Mr. Nugent said that he thought the 'Town should co- operate to the extent of rutting in 20J feet. Mr. Stevens said that Mr. Nugent put the drainage in to take care of his lots and not to drain Wood Street. The Chairman explained that the Board is trying to Jo the best it can for everyone but once it gets into draining private land it could run into millions of dollars . He said that the Board is definitely opposed to doing, anything that would establish a precedent par- ticularly when it feels that there is no obligation on the part of the Town. Lie said that Wood Street has been idicxistence for many years and when a developer constructs hotIses, the drainage problem is his. Mr. Nugent asked if the Board would consider putting drainage in Wood Street end the Chairman replied that there re no funds available. Mr. Nugent retired at 8:30 Y. M. Mr. Eugene Viano met with the Board . The Chairman explained that following receipt of his letter of May 7th iii regard to a drainage problem involving his property on Bedford Street , the board felt that it would like to discuss the matter with him. He asked Mr. Viano about the timing, whether or not something was going to be done immediately and if he cared to divulge what he is considering. Mr. Viano replied that the timing could be immediate, but he doesn' t know. ne stated that he hasbeen offered a proposition and submitted a counter offer . lie may receive an answer tomorrow or not for three months. He said that he had taken, this up with Mr. DeFoe and it Was his opinion thf.t the trouble was at the railroad trestle. Mr. DeFoe told him he would take the matter up with the railroad and if they did not do something about it, the Town would. 255 Mr. hmery said that there is no question in his mind but that the trouble is et the railroad trestle, end it would not do ny good to lower the brook at Bedford Street unless it were also lowered at the railroad . The Chairman explained that to solve the problem correctly is not t matter of hundreds of dollars out a matter of thousands of dollars and there is no money available . He staid that if the sown has a responsibilty Viano in this and has to correct it, it will be considered at Drainage some suosequent time when funds re available. In the meantime the Board would like Mr. Viano' s opinion of timing. Mr. Viano said that his project will use the entire area End involves about 100,000 square feet end they ex- pect to start as soon as negotiations ere completed . The Ch, rraan asked Mr. Burns for an approximate figure and he replied that it will be at least X12,000 or yv13,000 for piping from beyond Bedford Street to the railroad He felt that if it is just lowered and the end left open that it would immediately fill up during the first rain and pond over everything. The Chairman said that he does not know wh t the Board can do except to promise that the matter will be given consideration. Mr. Viano s id that anything he does will be con- tingent upon his ability to control the water situ tion He said that if he closes negotiations this week he will want to start construction in a month in a month. The Chairman told :Ir. Viano that the Board would be in touch with him shortly and he retired et 8:45 P. M. A copy of Mr. Stevens ' letter to Representative McCormack, re Bedford J-irport, was received. The subject was discussed Lt length and it was agreed to have Bedford .,Ir . Stevens contact .firs . Rogers to determine whether or Airport not 1 conference could be arranged to discuss the mL tter effectively and if so the Board felt that Mr. Stevens should plan to go to Washington. Mr. fdams, Chairman of the Planning, Board , met with the Board relative to Edisnn Way. He stated that the Planning Board in general is still interested only in parking and will go along with entrances from each end . The Chairman reported that the board ' s negotiator, Mr. Ballard, has advised him that he cannot obtain any Edison dedication agreement and that it is not a sensible thing Way for a property owner to do. Therefore, if that is part of what Ie has to propose to these people he is through. The Chairman said that the Board now faces a situation as to whether it is going to present the project to Town Meeting without the Planning Board going along '256 A with the Selectman. He said that he feels a moral abligftion on the Board ' s pErt to present this matter to Town meeting and let it be voted on: the boLrd having worked it out to the beat of its ability. ,;:r Adams agreed that this seems to oe the best solution. The Chairman said that Mr. Adams has convinced him that the value is not circulation but parking and the Board will have to concentrate on it from a parking angle . Mr. Adams referred to Atticle 5 in the Warrant for the Special Town Meeting to be held on May 26th and stated that the Planning Board is recommending a figure of 0,000 for services of an expert Sanitary Engineer. Messrs .Adams, Stevens and Burns retired at 10 :30 k. M. Letters were received from Ir. Carroll, Town Clerk, advising of the following committee appointments made by the Moderator, as authorised by the Town Meeting in March: Cary Lecture Committee : Samuel F. Parker Ars . Marguerite dalton Streeter Stuart Town Office Building Committee: John Brooks , Jr. Lincoln r. Cole, Jr. Lewis Hoyt Committees Leslie C. Head Appointed Haskell W. Heed Elementary School Facilities Committee: Myron Fisher, Jr. Charles Goodhue, 3rd Hobert Hunter Hobert Jackson William Maloney Mrs . Leroy Marek George P. Wadsworth Capital Expenditures committee: Alan G. Adams Donald F. Clark Donald Fifield Wilbur Jaquith Elizabeth H. Lewis 257 SUpon motion of :Ir. Gay, seconded by .,Ir. Driscoll, it was voted to grant the following uses of halls: Uses of Halls Lex. Allied Veterans Cary Hall May 30th Memorial Exercises Lex. Junior High School Cary Hall June 16 Rehearsal Lex. Junior High School Cary Hall June 17 Graduation Application from the Sachem Council, Inc. for permission to use Cary nail on September 18, 25, October 2, 9, 15 and 23 was held over. Upon motion of Mr. Gay, seconded by lar Driscoll, it was voted to grant the following licenses4 Lexington Theatre, Inc. Sunday Movies Clarence E. idacPhee Sunday Sales The Chairman reported that Roy Cook can obtain, for 9800 plus the old generator, a used generator with power enough to handle some lights, State and Yolice radio, Civilian Defense radio setup and also keep the Generator oil burner activated . He states: that there are funds available to purchase the larger unit if the Board feels that it is the thing to do . Decision was held over until the next meeting of the Board . Appointments to the Board ofrublic Welfare and a Director of Civil Defense were held over. Upon motion by Mr. Gay, seconded by Mr. Driscoll, it was voted to sign the following Sewer Orders: Bedford Street Donald Street Sign Justin Street Ivan Street Sewer Eldred Street Calvin Street Orders Bernard Street Copies of these orders are filed in 1952 Selectmen' s Files under Sewer Orders. The Board agreed to meet next Monday night at 7 :00 P. M. prior to the Special Town Meeting. A true record, Attest: Cl k