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HomeMy WebLinkAbout1952-04-28-min 233 SELECTMEN'S MEETING April 28, 1952 A regular meeting of the board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, April 28, 1952, at 7 :00 P. M. Chairman Nickerson, Messrs. Emery, Gay, Driscoll and Heed were present. Mr. Burns, Sup 't of Public Works, and the Clerk were also Present. Mr. James J. Carroll, Town Clerk, met with the Board forthe drawing of two jurors to serve in superior Court, Cambridge, the first Monday in June. the Jurors following jurors were drawn: Mrs. Elizabeth J. Hannah, 65 Bloomfield Street and Mr. John L. Blodgett, 1654 Massachusetts Avenue. Mr. Carroll retired. Mr. Burns discussed sewer takings for the Sunny- field sewer and reported his conversation with Doctor Barnes . He asked if the board wanted to make a taking if it is not possible to arrive at a reasonable solution. He saiu that he has talked with Doctor Barnes several times with no favoNiablereaction. He has not talked with Buttrick or Commons, the other two individuals whose property is involved. Mr. Emery asked if the original plan Was based on Metcalf & Eddy' s layout when Town Meeting was asked for money and Mr. burns replied that it was based on the layout that he has with him this evening. He explained that it does not represent any change from his original program. Sunn field wr. Emery sked if Mr. Burns had any ida, from Sunny field talk with Doctor Barnes, what he wants in money Sewer and Mr. IJurns replied in the negstive. Ile stated Easement that Doctor Barnes had told him he would come into look at the plan but has never done so. The Chairman explained that the Board h< s tried to give Mr. Burns a free hand to get this project ready for bid for May 1st and any uelz y would possibly be a factor in considerable increase in cost. He stated that the only correct procedure, if a definite and quick settlement cannot be made , is to make a taking. Mr. Emery asked if Mr. Burns could see any point in which Doctor Barnes was going to be irreparably ' damaged and Mr. Burns replied in the negative. He eIplained that the sewer will be down eighteen or nineteen feet and Doctor Barnes has not lost any access to any property he wants and the other property is of such a nature that he doesn't see how Doctor Barnes can do anything with it. 234 x co The Chairman asked if the Board would be in favor of authorizing Mr. Burns to contact Doctor Barnes at the earliest possible moment and explain that the Topk}AB at a point where it wants to get immediate action rnd as much as the Board may sympathize with his wanting to think about the matter, it is at a forcing point and would like to handle the problem agreeably. Mr. Emery asked if the Board would be willing not to take a vote this evening as an alternative; that is, not to vote tonight to take the land by eminent domain or take an easement . He said that he would like to think about it before voting to override what he wants. Mr. Burns said that an order would not be written and signed before next Monday night and suggested that if he cannot arrive at an agreement, invite the Doctor to meet with the Board next Monday night. Mr. Stevens abrived at 7:35 P. M. Mr. Burns was authorized to contact Doctor Barnes, explain that time is very short and if no solution is arrived at, ask him to meet with the Board next Monday, Mr. Charles E. Ferguson and Mr. Hannon, of the State Department of Public Works, met withthe Board. Mr. Ferguson explained that Mr. Hannon has a problem in connection with possible damages that might pccur in dredging the Kiln brook and further stated that there are 3,000 or 3,500 feet of dredging Dredging to do in Lexington. € g of Kiln Mr. Hannon presented a general locus plan on a Brook by large scale and explained what the State wants to do. State He stated that before the work can be done the Depart- ment has to have a bond of indemnity from the town, whichbond h, s to come from action of Town Meeting. He said that the Board could sign it, but Town Meeting must vote Jn it, and it will be necessary to call a Special TownMeeting. The Chairman inquired about the timing and Mr. Hannon said that they would like to start as soon as possible after the first of June . The Chairman asked if a Fall Town Meeting would be of any value . nd Mr. Hannon replied in the affirmative. Mr. Burns asked if releases from property owners would be sufficient and Mr. Hannon replied that the State does not recognize releases obtained by the Town and is interested only in a bond of indemnity. The Chairman f sked if money is available for the project and Mr. Hannon replied in the affirmative. Mr. Ferguson explained that the money was appro- priated last year. 235 111 Mr. Stevens asked what is obtained from the abut- ting properties and Mr. Hannon replied that he would send Mr. Stevens a copy of w; at other towns have ob- tained from the abuttin„ properties . Mr. Stevens asked if the Statute required a bond and Ur. Hannon replied that he believes it does. The Chairman said that the Board would contact Mr. Ferguson. Committee Mr. Hannon retired at 7:50 P. M. on Revision Mr. Ferguson explained that the reason this of Precincts work is bein, done by the State is the fact that this area is claimed to be part of the area drained by the Bedford Airport. Mr. Ferguson retired at 8:00 P. M. Mr. Stevens agreed to advise the Board next Monday night whether or not it is necessary to call a Special Town Meeting in regard to the indemnity bond . Mr. Stevens retired et 8:05 P . M. Mr. Gardner Ferguson and Mr. James J. Carroll met with the Board to review the report of the Committee on Revision of Precincts . Mr. Ferguson explained that the Committee found that its original thoughts were of no value because of the growth of the Town, and what they finally arrived at was to get the precincts as near equal as possible at the moment. Re mentioned changing the center line of Simonds Road and making a change between precincts one and two which would enlarge precinct two. He felt that these ckianges could Je made now as they are relatively small and then a restudy made, possibly by another Committee, in 1x53 . The Chairman said that he thought to make any changes would be quite an involved task and his immediate reaction is that it seems somewhat involved to have one change in 1952 and then another change in 1953 . Mr. Ferguson said that the Committee did not want a change in 1952 and one in 1953, but tried to guess the growth of the Town and founi that it was away off. Mr. Carroll presented the following figures for comparison: Precinct March 3rd March 28th 1 2014 2122 2 1644 1705 3 1946 2043 4 2264 2403 236 OD The Chairman asked if a change were made this year would there also be a change next year and Mr. Ferguson replied that the Committee contemplated a study some time after 1953. The Chairman said that the Board would undoubtedly be guided in its decision by what the Committee re- commends, but it does seem a little involved to make a change even in 1952 and 1954. Mr. Ferguson said that his reaction is that no change should be made until after the Presidential Election. The Chairman said that the Board would think about the subject and contact Mr. Ferguson later. Messrs . Carroll and Ferguson retired at 8:25 P. M. The Board felt that with the new development in Precinct Two it would be brought up equal with the other three precincts and upon motion of Mr. Driscoll, seconded by Mr. Reed, it was unanimously voted to accept the report, place it on file and not to consider making; any changes in the voting precincts this year. Mr. Stevens returned to the meeting. Mr. Burns reported that John Baskin has pur- chased the last remaining piece of land that kept him from developing Williams Road. Now he wants to build from Be±twell Road to Blake Road and will build it according to Town specifications so that Williams when it is finished it can be accepted, In connection Read Sewer with building the road, he wants to put in the sewer. Mr Burns told him that there is 750 feet - 0,000 or pc,000 worth of sewer work, and even if the Board approved, he does not have the money in his budget. Mr. Baskin proposed putting the sewer in himself anyway the Town wants it. If the Board wants to let a con- tract and follow it, he will pay the bills, or if the Board prefers, he will do the work under Town supervision and he will pay all the bills, then when the job is completed he will bill the Town for 50;6 of the cost or any way the Board wants to work it out, assuming that the Board is willing to do it. Mr. Burns said that in discussing this with Town Counsel, he feels that something can be worked out. Mr. Stevens explained that Baskin would convey the sewer with an easementfor the maintenance of the sewer. The understanding would be that he would offer to turn it over at such and such a figure. There would be a moral commitment to take it over on the 50% basis and it is merely a way of getting the sewer installed before the road is constructed. He said that he does not see why it can' t be worked out. The Chairman said that Mr. Baskin would have to understand that theresent oar could not commit a subsequent Board, and Mr. burns sale that 237 Baskin understands thaj, Mr. Driscoll said that if Town Counsel approved and he can work something out whereby the Town is protected he would have no objection. The Chairman reported to the Board that Mr. Baskin has had three firm offers for low housing rentals and has turned them down because he does not think it is a good thing for the Town. Mr. Gay said that he would have no objection to an arrangement approved by Town Counsel. Mr. Emery said that this means people can get sewers installed, not on the basis of the need for them, but on the basis of new streets going in or by a man having the money. He said that hh thought the requests for sewers in town for the next few years will be in excess of what the Town Meeting or the Selectmen will recommend and he thought the factor of need will be very important rather than the people who want the sewer. He said that by doing this job, it means any money left over this year would be morally committed to pay for Baskin's road rather than stand in its waiting place to be considered text yeqr, and it might work a hardship on people living on stre,t where the sewer is needed. The Chairman said that he agreed with the logic of Mr. Emery ' s opinion but he does not believe this will become a rule for people to follow and that he thinks it is En exception. Mr. Burns explained that within two years there will be fifteen houses on the street and the Town will be faced with building the street, putting in the sewer and drainage . He estimated the cost of the street to be 010, 000 and 44,000 for the sewer, and said that in this instance the Town stands a chance of getting a010,000 street. Mr. Burns thought up the question of additional room in the Barnes property for the Boy Scouts. Mr. Driscoll said that he would like to look at the room the scouts have in mind, and the Clerk was instructed to place this item on the agenda for the next meeting. The Chairman read alletter from Ernest E. Macihee requesting extension of the wst,..r main in Kimball Road to service two new homes. He stated that he is pre— Request pared to pay the full cost in advance if the Board can guarantee him water within the next two or three water in months. Kimball Rd. Mr. Burns said that he could do this within the next two or three months, but he has no funds with which to pay his men and any money that comes in has to be deposited in the Excess and Deficiency Account. 238 Upon motion of Mr. Driscoll, seconded by Mr. Emery, it was voted to authorize the Chairman to advise Mr. MacPhee that if he wants to put in the extension it must be done under Town supervision and he must give the Town an easement,. The Chairman agreed to compose a letter and submit it to Town Counsel for approval. Two letters were received from the M.D.C. with reference to sewer easements and Mr. Stevens suggested that the Board refer them to him. He said that there is no action to be tsken by the Board. Both letters were taken by Mr. Stevens. Mr. Nathaniel Hamlen' s offer to purchase tax title property in Meagherville was given further consideration by the Board. The Chairman suggested, and the Board agreed, tro advise him that the Board does not wish to consider conveying any of this land at the present time. Ir. Emery said that he thought the Board should Meagherville consult the Planning Board on the subject and the tax title Chairman said that he would have no objecti3n to property discussing it with them, if the Board planned to sell it, but if it is not to be sold he can see no necessity for such a discussions Mr. Emery said that if the Supt. of Public Works has no objection, the Planning Board is in favor and the offer is high enough, he would vote to sell it, but he does not feel that he knows enoush about what is going on in the area. The Chairman asked what the Board wanted him to do and upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to authorize the Chairman to advise Mr. Hamlen that the Board is not in favor of disposing of the land at this time and, therefore, is returning his certified check in the amount of 4500. Messrs. Stevens and Burns retired at 9:25 P. M. Further consideration was given to Mr. Paul 1don' s letter with reference to purchasing Veterans ' Lot #3, Hill Street. Vet' s Upon motion of Mr. Gay, seconded by Mr. Reed, Lot it was voted to sell and convey Veterans ' Lot #3, Hill Street, to Mr. Paul Furdon, providing he meets the requirements as set forth in connection t+ith the sale of these lots. Upon motion of Mr. Gay, seconded by Mr. Reed, Bond it was voted to approve bond hoi. F-141736 in the sum of 42,000 on behalf of Names R. Mowat as constable. _ I _ 239 Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to approve the following licenses: Licenses Kieran ►T. Lowry 286 Lincoln St. Sunday Sales Lexington Theatre 1794 Mass. Ave. " Movies Benjamin W. Berman 13 Mass. Ave. Junk Collector Upon motion duly made and seconded, it was voted to reappoint Mr. George C. Sheldon as Fire Commissioner in the Town of Lexington for a three-year term Fire expiring May 1, 1955. Comm. Apptt The meeting adjourned at 9:35 Y. M. A true record, Attest: Cl k 1 I