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.