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HomeMy WebLinkAbout1952-02-11-min 148 SELECTMEN'S MEETING February 11, 1952 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, Monday evening, February 11, 1952, at 7:00 P.M. Chairman Nickerson, Messrs. Emery, Gay, Driscoll and Hoyt were present. Mr. Burns, Sup' t. of Public Works, and the Clerk were also present. The Chairman reported on the leak in the old boiler in Cary Building and stated that both Mr. Burns and Mr. Moloy are convinced that the Inspec- tor will not approve the boiler and that he will Boiler In condemn it. If such is the case, only one boiler Cary Bldg. will be available for use to heat the buildings. Mr. Burns explained that last year' s bid was 7,472. not including any funds for Kimball. Mr. Emery and Mr. Hoyt felt that some con- sideration should be given to the possibility of converting to oil at this time. Inasmuch as the Board felt the problem should be considered promptly, Mr. Burns was requested to make a study of the situation and submit a report next Monday night. Letter was received from Mr. and Mrs. Wilbur H. McCullough, 67 Valley Road, Pequesting the Board to have a load of cinders dumped onto the street. Valley Mr. Burns explained that Valley Road is an Road unaccepted street except for the portion constructed by the State in connection with Route 128. The Chairman agreed to advise Mr. McCullough that the Town cannot do any work on unaccepted streets. Petition was received from the Boston Edison Company for permission to run and maintain wires Wire over and across land owned by the Town at Location Camellia Place off Bedford Street. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to approve the petition. Letter was received from the New England Telephone and Telegraph Company requesting can- cellation of orders for poles formerly granted along public ways as they are no longer necessary. Upon motion of Mr. Emery, seconded by Mr. Driscoll, it was voted to grant the request and sign the order for cancellation Mr. Stevens arrived at the meeting at 7 :33 P.M. 149 Discussion was held in regard to what project is to be done in 1952 under Chapter 90 and upon Chapter motion duly made and seconded it was voted to 90 designate Hill Street as a Chapter 90 construction project for 1952. The Chairman left the meeting at 8:00 P.M. to arrange the time for a meeting with the Appropriation Committee and Mr. Driscoll con- ducted the meeting during his absence. Letter was received from Mr. Stevens ad- vising that a Final Decree was entered in the Legal Middlesex Superior Court enjoining Joseph A. Action Goodwin from operating any business enterprise on his premises on Pearl Street. Letter was received from the Lexington School Committee requesting permission to include with the Warrant a statement explaining the question Insertion on the ballot concerning withdrawing from the Of School Superintendency Union. Statement Mr. Stevens said that Mrs. Morey had dis- With cussed this with him and in checking the law Warrant he could find nothing that has any bearing on it. Upon motion of Mr. Emery, seconded by Mr. Hoyt, it was voted to grant the request. Letter was received from Edward Berman requesting permission to use two rear rooms on Berman's the second floor of his store at 12-14 Request For Massachusetts Avenue for additional storage of Increased alcoholic beverages. Storage Mr. Stevens said that he would check the Space Statute and requested the Clerk to forward him a copy of Mr. Berman's letter. Mr. Stevens referred to the Buse claim and said that it was the feeling of the Board, in referring it to him, that probably Mr. Buss was driving too fast because he blew out two tires and no other accidents had been reported from other motorists. Mr. Busa claims that he had Busa two small children in the rear of the car and Claim was not speeding. He had Premium tires for which he paid $50 each and has put on new tires at a cost of $47 . Mr. Stevens told Busa he would recommend settling for $35. Upon motion of Mr. Gay, seconded by Mr. Emery, it was voted to authorize the Town Counsel to settle the claim on whatever basis he thought best. 150 OD Mr. Stevens referred to the Buckley claim and stated that he has not heard from Mr. Buckley. He Buckley said that if the Board approves, he will call Mr. Claim Buckley. Upon motion of Mr. Gay, seconded by Mr. Emery, it was voted to authorize the Town Counsel to settle the claim. Mr. Stevens mentioned the claim submitted by Forest Knapp in the amount of $44.70 for damage Knapp to his car as a result of a drainage trench on Claim Shade Street. He said that he would check this and make a recommendation for settlement to the Board. Mr. Stevens referred to the claim of Leonard Fuel and said that there was a sewer service trench Leonard that had been backfilled and horses and a light were Fuel Claim placed around it. The horses and the light had been removed by some boys and the truck went into the soft trench. This claim is for $75. , damages to a Chevrolet truck, and Mr. Stevens said that he would check it further and make a recommendation to the Board. The Chairman returned to the meeting at 8:15 P.M. Mr. Stevens read a letter from Mr. Ballard in regard to Edison Way. He said that he had called Mr. Ballard and asked if this meant that the individuals involved were ready to proceed on the plan presented last year and he replied in the affirmative . Mr. Edison Stevens said that this, however, is contrary to the Way recommendation of the Planning Board and Mr. Ballard agreed . Mr. Stevens said that he does not see how an article can be inserted in the Warrant at this late date inasmuch as hearings are involved and there just is not time enough. It was agreed that Mr. Stevens should acknowledge the letter and explain that it is not possible to have an article on Edison Way for the March meeting and to explain that the Board will explain to Town Meeting that the subject is still open. Messrs. Stevens and Burns retired at 8:25 P.M. Mr. and Mrs. Wildes and Mr. and Mrs. Miller of Winter Winter Street met with the Board in reference to a Street drain in Winter Street. Drain The Chairman explained that the Board had been informed by Mr. Burns, Supt of Public Works, as to what the situation is. Mrs . Miller stated that she has lived here for only two years and the condition is really bad. L. 151 She said that she has had Mr. Burns up to look at it three times and also has had Mr. Jackson, of the Board of Health, up. She said that a number of people have connected s ewers into the drain. Mrs. Wildes said that she has a child and it is impossible to keep her out of the water in the yard . The Chairman asked if the condition was caused as a result of the drain being blocked and Mr. Wildes said that the brook is formed by the drain and that there is no natural brook. He said that the land be- tween his house and Miller' s house is saturated all the time. The Chairman explained that the cause seems to be that some of the neighbors have connected cesspool overflows into the drain. Mr. Wildes said that when the surface drain pipe was installed, the contractor who built the road put the line in and some of the people asked him to tie in:.thd3ir besspools. He said that this is the Town' s fault. The Chairman explained that it is not the fault of the Town and people should not tie into the drain. Mr. Wildes said that the Town should supervise the job and make sure that no one connects to the drain. Mr. Gay asked how he knew that connections were made and he replied that one of the individuals who had his overflow connected told him. Mr. Burns returned to the meeting at 8:35 P.M. He said that he could not tell, without measuring, where the water dumps . When the drain was put in, it was put on a then existing lot and the owner at the time lived in Somerville . The land was later divided, but at the time the drain was put in it was all one parcel. Mr. Wildes claimed that there was no dividing of the land since the pipe was put in and Mr. Burns ex- plained that when the pipe was originally laid there were no houses there. He stated that when houses were built and the lots were filled in, the entire picture was changed . He said that the idea of an open ditch was all right when there was no development. The Chairman explained to Mr. Burns that a state- ment had been made that the contractor connected the cesspools into the drainage system. Mr. Burns said that he did not see everything that went on during the job, but he was there a great deal of the time and never saw one connected but he could not guarantee that one of the contractor' s men did not con- nect, but ordinarily he did not think this would happen. The Chairman said that the Board knows the people are having trouble and although there is nothing that the Board can promise, consideration will be given to the problem and the Board would get in touch with them. 152 Mr. Wildes said that he thought someone from the Town should look at the condition and Mr. Burns ex- plained that he has been up there three or four times and Mrs . Miller agreed. Mr. Gay asked Mr. Wildes if the pipe was there Winter when he built his house and he replied in the affirm- Street ative. Drain Mr. Gay asked if he knew about the condition when he built his house and he replied in the affirmative. He said that he lived across the street before he built the house. Mr. Gay asked if he built his house knowing the water was there and he relied that he did not know the cesspools were discharging into the drain. The Chairman stated that the Board is sympathetic but it is in a position where it has to recommend the expenditures of the Town' s money and if there are ex- penditures for which the Town is not responsible, the Board cannot recommend them but will have to try to solve the problem by some other method. The group retired at 8:35 P.M. The Chairman read a letter from Mr. Edward F. Chapin, Veterans ' Agent, advising that he will not Veterans ' be able to accept another appointment inasmuch as Agent he is not able to devote the time required and further that his doctor has advised him to confine himslef to one position. At 9 :05 P.M., the following members of the Appropriation Committee met with the Board : Chairman Bateman, Messrs. James, Smith, Sullivan, Patterson, Cleveland and Donnelly. Mr. Bateman said that his Committee would like further information about the Sunnyfield sewer and also the cost. The Chairman stated that the estimated cost is $230,000. , and Mr. Burns explained that the Town will receive about $30,000 in betterments. The Chairman stated that the total is $230,000. of which $130,000 is for laterals. Mr. Burns explained that by taking the assessable frontage, based on the cost of the previous five years, at roughly $2.00 per foot on each side of the street, the total is about $30,000. On the $130, 000 from Bedford Street in, there is money for an eight inch pipe going down part of Bedford Street. He stated that between the depth of 18 or 20 feet and the size of the pipe, the cost is extra, and that is the reason the Town 11will get back only $30,000 based on the cost of the previous five years for an eight inch main at a depth of only eight or nine feet. 153 Mr. Bateman asked why Mr. Burns did not follow along the brook at the far end of Judson Street and he explained, by use of the map, three different ways that had been studied in an effort to determine which would be the least expensive. Mr. Stevens returned to the meeting at 9:15 P.M. Mr. Smith asked about the total valuation in the Sunnyfield area and Mr. Burns replied that he did not know, but there are about fifty-four houses in- volved. Mr. Emery explained that this year the M. D. C. has been authorized to build the rest of the Munroe low level sewer which will save the Town at least $600,000 and if the State Director of Public Health felt that Lexington would not put up the connecting link necessary, the bill never would have gone through the Legislature. He said that he would be willing to spend 1160,000 against $600,000. He further stated that the M. D. C. is also authorized to pay the Town of Lexington for the part already constructed. Mr. Stevens said that the Act authorized the M. D. C. to acquire the line and they would be willing, he thought, to pay the Town what the Town paid to construct that portion now in. Mr. Bateman asked how the project would be paid for and the Chairman replied that he had Sunnyfield no doubt but that it would be bonded. He explained Sewer that Bedford would like to reimburse Lexington in ten payments rather than in one, and he thought as long as Bedford makes a commitment it wouldn't make any difference if they made one or ten com- mitments. Mr. Stevens said that borrowing for sewers is inside the debt limit. Mr. Bateman asked why Bedford couldn 't borrow the money and the Chairman said that as long as they are willing to pay for it he felt sure the mechanics of the borrowing and paying could be worked out. Mr. Bateman asked if there would be an article in the warrant and if it would be built this year. The Chairman replied that it could be built in a year but that there will not be an article in the warrant. He said that when the Board pre- sents the vote on Sunnyfield reasons will be given for voting favorably and the Chief reason is that Bedford will want to tie into it within a few years. Mr. Patterson said that in order to participate in the low level sewer, Lexington has to commit itself with Bedford. 154 :.a op The Chairman said that he did not think there is any compulsion and that it is automatic. The M. D. C. Act has been passed by the Legislature and that money is set up and the low level sewer is going to be put in. Bedford proposed a bill to the Legislation and one of the stipulations was that Bedford should be allowed to construct a sewer through Lexington and go into the M. D. C. system. The Selectmen objected to that because they don't want Bedford to build a 3,000 foot sewer in Lexington. The Engineering Department - Personal Services budget was considered and the Chairman said that Budget the Selectmen are in favor of Mr. Burns organizing Engineering the Department this year as he has outlined. The Department figure of $24,643 would comprehend doing it for twelve months . However, three months will have elapsed before Town Meeting and then it will take some time to effect the change. The Selectmen, therefore are approving 420,000. He said that if the Appropriation Committee is not in favor of the program, the Selectmen are and will have to qualify the issue to Town Meeting members. The Chairman informed the Appropriation Police Committee that the Selectmen are recommending Budget $42 per week for a Clerk in the Police Department. He referred to the Fire Department budgets and explained that the Board is investigating Fire Dept. the possibility of acquiring a chassis and Budget making a rescue truck at an approximate cost of $3,500 against the $6,800 requested. Mr. Bateman said that he would let this item go as it is and change it at the meeting. Water Dept. Mr. Bateman reported that his Committee is Budget going to vote against the Water Department Capital Outlay (Woburn Street ) item. The Appropriation Committee retired at 10:30 P.M. Upon motion duly made and seconded, it was License voted to approve application from the Lexington Theatre, Inc. for a Sunday Movies license. Upon motion duly made and seconded it was voted to grant the following uses of halls * Am. Legion Cary Hall Feb. 23 Free use Uses of Littlefield Campers Cary Hall Mar. 15 $35.00 Halls Mdsx. Cty. Extension Cary, Estabrook Conf. Room May 16-17 Free use 1.55 Upon motion of Mr. Hoyt, seconded by Mr. Finery, it was voted to sign the following street layouts : Wilson Road Independence Avenue Preston Road Hillcrest Street Street Barrymeade Drive Woodcliffe Road Layouts Underwood Avenue Normandy Road Munroe Road Hudson Road Upon motion duly made and seconded, it was voted to sign the Warrant for the Annual Town Election Sign to be held on Monday, March 3, 1952. Warrant The meeting adjourned at 10:30 Y.M. A true record, Attest: v/%/441V' r The next regular meeting of the Board of Selectmen will be held on Monday evening, February 18, 1952, in the Selectmen's Room, Town Office Building, at 7:00 P.M.