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HomeMy WebLinkAbout1953-07-20-min 40 SELECTMEN'S MEETING July 20, 1953 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, July 20, 1953 at 7:00 P. M. ChairmanReed, Messrs. Nickerson, Gay and Bateman were present . Mr. Burns, Sup't.of Public Works, and the Clerk were also present. At 7:00 P. M. hearing was declared open upon the petition of the Boston Edison Company for permission to locate four poles, guy wire and anchor to the fourth pole, on Cambridge-Concord Highway. Mr. Mayon, representing the Boston Edison Company, Pole , Mr. John Olivieri and a woman representing Mr. Mann, locations were present at the hearing. Mr. Mayon stated that this is a site that his company has been trying for some time to obtain per- mission to obtain pole locations on the highway to service property owned by Mr. Mann. He has a pro- spective customer for the property, but he does not want to purchase it until he is assured that he can obtain both electttc and telephone service. Mr. Mayon said that he and Mr. Burns, Supt' of Public Works, have been up to the highway, paced off and taped off very carefully these pposed pole locations, He said that some of the sections are longer than others and that is due to the fact that the company is trying to locate the poles behind trees. The original petition requested permission to looate seven poles but due to stretching, the company has been able to reduce the number to four. He said that he believes the property can be reached bythe use of four poles said it is proposed to locate them tour feet off the street line which will take them in back of the trees . The Chairman asked if anyone present wished to speak in favor of the proposed locations and Mr. John Oliviers said that he lives in Roxbury, but owns pro- perty in this location and would like to be recorded as being in favor. A woman, who did not give her name, said that she was representing Mr. C. E. Mann, In 1949 he purchased the property and excavated for a house but could not get any electricity and therefor purchased another piece of land in Lexington, Sincethen he went to California on business but expects to return to Lexington and build. He has an excavation but no electricity and is in favor of the proposed pole locations. � i 41 Selectmen' s Meeting -2- July 20, 1953 Mr. Gay said that there is no water in the area and asked what these people were going to do. Mr. Oliviers replied that he would use an electric well. No one appeared in opposition to the petition. The Chairman explained that the Selectmen have been reluctant to place poles on the Concord highway in the past and before any decision is made, they would like to view the area. He said the Selectmen would look at the location as soon as possible and then advise Mr. Mayon. The hearing was declared closed at 7:15 P.M. The two individuals present at the hearing retired. Mr. Mayon presented a plan and two copies of an agreement between the Boston Edison Company and the Town of Lexington for permission to construct, install and maintain two poles, free of charge, to be located Pole on the premised off Grant Street for the purpose of location illuminating the parking area at the rear of the Town Office Building. The proposed pole locations were unanimously ap- proved and the Chairman authorized to sign the agree- ment an behalf of the Town. Hearing was dellared open upon petition of the Boston Edison Company for permission to locate under- ground conduits and manholes in Westview Street. Conduit Mr. Charles Linnehan was the only person present location at the hearing. Mr. Mayon explained that this is a 13 800 volt line which the company proposes to bring along the railroad right-of-way up Westview Street to Summer Street and Bedford then down Summer Street in Bedford, which will service the Raytheon people in Bedford. He stated that a portion of the underground is in Lexington and in order to get out of Lexington into Bedford the line has to go through this particular section. Mr. Burns said that he told a representative of the company that he wanted a revised plan, Mr. Burns pointed out to him that there were a few items shown on the plan which he thought would be troublesome and said that the location would have to be revised. He said that he would locate the water main with a Boston Edison Company representative and work with him. He said that if the plan is revised he will have no ob- jection. Mr. Mayon said that he would definitely see to it that a new plan is submitted. Mr. Linehan asked if the company was taking an easement along the Boston & Maine and Mr. Mayon re- plied in the affirmative. Mr. Linnehan asked if the conduit is to be under- ground and Mr. Mayon replied in the affirmative. Mr. Linnehan asked how deep it would be and Mr. Mayon said that it will be three feet. 42 CL Selectmen's Meeting -3- July 20, 1953 Mr. Linnehan asked if this would impede him from putting a pipe from property to property and Mr. Mayon replied in the negative. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to grant the petition providing the Boston Edison Company submits a revised plan to meet certain requirements explained by Mr. Burns. The hearing was declared closed and Messrs . Mayon and Linnehan retired at 7:25 P. M. Mr. Burns referred to requests received for street lights and explained that he has taken all the requests for this year and those that came in the latter part of last year and also included the developements as far as there are houses built. The total is thirty seven Street lights and there were forty estimated in the budget. lights He stated that undoubtedly there may be one or two more requests come in before the end of the year. He said that there will also be lighting for the parking area and some for the school, but when they do come in they will be late and he did not think these will interfere with the money in the budget. The Chairman asked if he had received a request from Robinson Road and Mr. Burns replied in the negative. Due to the fact that the number of requests was so close to the total in the budget, Mr. Nickerson suggested that Mr. Burns check the list and advise the Board if he thinks the budget is dangerously short and if so recommend instances where the location of a street light may be deferred. Mr. Stevens arrived at 7 :30 P.M. Mr. Burns explained that he went over the list very carefully and all the proposed locations are now very dark. He said that he has covered all the de- velopments with the exception of those that are not far enough along. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to approve the location of street lights recommended by Mr. Burns as follows : (Quote ) * Mr. Burns referred to the bids that were opened last week on Contract #4 and read a letter from D. M. Bernardi, Inc. who was the low bidder due to an error Contract #4 in the extension of one of the figures. The contracter awarded to requested that the bid be considered a total of $130, Brox 456.85 rather than $120,250.85. Mr. Stevens said that the letter clarified the error. Upon motion of Mr. Nickerson, seconded by Mr. Bateman, it was unanimously voted to award Contract #4 for street, drain, parking lot and sewers to George Brox, Inc., the low bidder, at his A*t quotation of $128,562. QUOTE # STREET LIGHTS APPROVED JULY 20. 1953 Hutchinson Road 2 481 Concord Ave trimmed trees Webster Road 5 no light needed Stearns Road 1 Eldred Street - See Ivan St. Peachtree 2 Appletree 6 Scotland Road 3 Peartree 1 Maple Street 4 Bates Road 4 Grove Street 1 Albermarle Avenue 1 Ivan Street 1 Williams Road 1 Patricia Terrace 1 Food Street 1 Benjamin Road 1 Summit Ave. 1 Norton Road 37 I 43 Selectten+s Meeting -4- July 20, 1953 Mr. Burns reported that the State would like to make Marrett Street one way going in from Marrett Road. The Chairman said that he is familiar with the location and agreed that it should be one way. Amendment to Upon motion of Mr. Bateman, seconded by Mr. Traffic Rules Nickerson, it was voted to amend the Traffic Rules and Regulations of the Town of Lexington by adding to Article V11 (One way streets) the following sec- tion; Marrett Street from Massachusetts Avenue in a northwesterly direction, approximately 700 feet. The Chairman read a petition signed by Robert R. Shrock, 200 Waltham Street, and five other residents requesting the installation of curbing and sidewalk. Curbing & The Chairman explained that be and Mr. Burns sidewalk req. have gone over this and it is not in the 1953 budget. Waltham St. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to advise Mr. Shrock that no ac- tion can be taken at the present time due to the fact that no provision was made in the 1953 budget but that consideration will be given the application in 1954 which, however, does not necessarily mean that the projects will be approved and voted upon favorably. tThe Chairman read a letter from the Constantine Brothers Construction Co. offering $300 for a used backhoe bucket. Bid accepted Mr. Burns stated that this unit is a second for used bucket received with the Osgood Shovel. It is now bucket of no use to the town and has not cost the town any money. Upon motion of Mr. Bateman, seconded by Mr. Gay, it was voted to accept the offer of $300.00 and sell the bucket to Constantine Brothers Con- struction Company. The Chairman read a letter from Robert N. Anthony, 20 Woodland Road, stating that two trees on his pro- perty are dead. He has been told by neighbors that the root structure of the trees was injured by dynamite blasts during the construction of Woodland Road. He thinks the town should remove them and plant two new trees. ` 4 ac Selectmen's Meeting July 20, 1953 A letter was received from Mr. Garrity in regard to these trees and he stated that they are both dead; that Request for the disturbance of the ground may have killed them but removal of there is no way of knowing. He stated that one of the trees trees is probably on town property, but the other one is about seven feet inside Mr. Anthony's property. Upon motion duly made and seconded, it was voted to remove the tree on town property, if it is d4finitely determined to be on town property, and to advise Mr. Anthony that the removal of the tree on private property is his responsibility. The Chairman read a letter from Mrs. Ruth G. Bement 56 Hancock Street, with reference to the Stop sign at the corner of Hancock and Adams Street. She stated that in Stop sign checking with the State Traffic Department it was de- Hancock & termined that no application was on file requesting ap- Adams Sts. proval of this sign. However, it was their opinion that approval for an authorized Stop sign would now be granted in view of the increased flow of traffic. According to the Selectmen's records in 1940 and 1949 the State refused to approve the sign. Mr. Burns agreed to contact Mr. Kiernan, District Traffic Engineer for the State, and discuss the subject with him. Mr. Burns retired at 7:55 P. M. and Messrs. Potter and Hynes, Cemetery Commissioners, and Mr Garrity met with the Board. Mr. Potter said that, as the Board may know; Miss Manning, clerk to the Commissioners, was in an accident which leaves the department without any clerical help. He said that this seems to be the time to bring the records down to the Town Office building as recom- mended by the Appropriation Committee, if it is possible Clerical to do it. He said that even if the records remain here help or are put somewhere else, it means breaking in a new girl. He said that whatever is done the Commissioners would like to have it done in such a way that Miss Manning will not think she is being relieved of the position. He stated that the Commissioners do not know if the Selectarm maw have any suggestions but they have an idea which the Selaetmea may or may not approve on a temporary basis. Mr. Potter said that they have always used the tel phone listed under the insurance company and the town. Mr. Hynes, through his connections, can take care of this and have the cemetery calls transferred to the Sown switchboard. Mr. Gay asked how much room would be required and Mr. Potter replied that he did not think it would be much. He said that there is a file now in the Select- men's vault which Mr. Garrity feels should be up at the cemetery. , and the other files could be kept down stairs 45 Selectmen' s Meeting July 20, 1953 in the vault or in the area down there. All they would need would be a set of files plus the books and the forms which they have to work with every day. Mr. Bateman asked where Mr. Garrity would put the file and Mr. Potter replied at Westview in the cement block building. Mr. Potter said that before discussing this subject with the Board he spoke to Miss Murray. The Chairman said that if she wants to do it temporarily all right but he did not know if she wanted to go along on a temporary basis or if the Board wanted her to. He said that as far as the spate is concerned, the Board has not given it any thought. He stated that the Town Office Building Committee, on which he served, thought that the Cemetery Commissioners records should he brought down here, but he thought they would have to look around for a place. He said that as far as a girl is concerned, Miss Murray could do the work if she wants to for a short time, but he thought the Commissioners should look around for someone else. Mr. Potter said that they would not be able to get a part-time girl and it will definitely cost more money. Miss Manning received $1,000 a year on a part- time basis . He said that it is a difficult position to handle because people who come to their clerk are in distress and Miss Manning was ideal for the position. Mr. Gay asked how long it would be before °hey would need a full-time girl and Mr. Potter replied that he did not know. However, it will be in a short time, perhaps not during his term because this is his last year. He said the work may involve five, six or seven telephone calls a day and handling the bills and payrolls, Mr. Garrity takes care of the men's time. He said that it is more the type of girl and space that is serious. Mr. Nickerson said that the Board felt Miss Manning was doing a very nice job and he would like to ask Mr. Potter if he thought she would be able to continue. Mr. Potter replied that the doctor was doubtful if she would ever come back. Mr. Nickerson said that he would not like to see this Board do anything to mitigate against Miss Manning, and the Board would therefore have to temporize for a short time until it is apparent that she is not going to recover. In the meantime the work will have to be carried on temporarily. He asked if ong of Mr. Rush's girls could continue for a couple of weeks to serve the Commissioners. Mr. Potter said that Miss Manning may recover to the extent of doing part time work, but someone would have to answer the telephone. The Commissioners do not want to do anything that would lead Miss Manning to think that the work was being taken away from her. r y C 461-4 Selectmen' s Meeting July 20, 1953 Mr. Nickerson suggested that Mr. Potter contact Rush and see if he could help, and said that two weeks from tonight they may know better about Miss Manning's cond- tion. Mr. Potter asked what the Commissioners would do in the meantime and the Chairman replied that Miss -Murray would help out. The Cemetery Commissioners retired at 8:10 P. M. Mr. Thomas Napoli and his attorney, Mr. Daniel A. Lynch, met with the Board in regard to the betterment assessments levied on property owned by Frank A. and Napoli Mary Napoli and located on Marrett Road and Middle Street. betterment Mr. Lynch presented a blueprint of the Napoli land and the Chairman informed him that the Board is familiar with it. Mr. Lynch said that he wrote to the Board on June 19th and sent a copy of the letter to Town Counsel and stated that the Napoli's have been assessed on both Middle Street and Lincoln Street. Mr. Stevens asked which Napoli he was referring to and he replied Frank. Mr. Lynch said that Thomas Napoli was down to- dis- cuss the water betterment on his property and also to see what, if anything, the Board would do for his father. When the Board deferred the betterment it was until the land or any part thereof is built upon, sold, or until the expiration of three years from the date thereof, whichever event occured first, provided that the extention would terminate immediately if the facilities were used and the entire assessment would become payable. He said that the Board regarded it as one tract of land. One lot is being built upon. Mr. Napoli gave a lot to his daughter; nothing was paid for it and no stamps were necessary on the deed. He said that if the entire assessment becomes payable, the man would be penalized because he is giving his daughter a lot of land. This daughter, another daughter and Mr. Napoli will tie into the sewer. On Marrett Road there is no building and they will not tie into the sewer. He said that it seems to him this assessment should be abated, that it is a double assessment and some relief should be granted. Mr. Lynch said that if there was any plan to cut this up into house lots he could see the justification for the assessment, but there is no such plan and the land will not be used for any purpose but agriculture. He said that to assess him on both streets seems unreasonable. The Chairman said that he is using it now for agricultural purposes and now has no intention of building upon it, but every time an abatement is granted, it follows with a house being constructed on land. 47 Selectmen's Meeting July 20, 1953 11 He said that Mr. Lynch must admit that Tom or his father can still build houses and if the assessment is abated, it will then cost them nothing for the sewer. Mr. Lynch said that was correct and he agreed. He said that_Tom and his father have both assured him that there is no intention whatever to build on this land. He has given two lots to his daughters for no consideration whatever. Mr. Nickerson said that he would like to have corrected, if what he was going to say is wrong. The other night when Tam came in before the Board he based his plea for a reduction on this betterment assessment on the basis that his father was going to give a lot to his daughter and that meant paymentof the entire amount. If the Board' would abate the assessment on that small piece it would cover his interest for the length of time he might still have this land for agricultural purposes and if he had not built upon it, payment would not become due. Mr. Lynch said no and started to say that Tom ad- vised him something, but Mr. Nickerson continued that the Board told Tom it would be willing to go along with a reduction of that which was something like $175, the amount of the sewer connection. He said he believed Tom felt that was reasonable. The Chairman said Mr. Nickerson was correct in his understanding. Mr. Lynch said that would not be any concession as he is assessed $814.44, $2,027.96 and $1,584.15. Mr. Nickerson asked if his statement was correct and Mr. Napoli replied that his father wanted to give a lot of land to his sister and the bank would not approve any money unless the assessments were cleared up. He wanted to pay the entire amount and Tom told him he would meet with the Board and discuss the matter. He said that in his, Tom's mind, he thought he would not get anything. Since then his father engaged the services of Mr. Lynch to transfer the piece of land to his sister and he wanted Mr. Lynch to handle the whole matter with the Board. Mr. Nickerson said that, in other words, the Board made what it thought was a reasonable gesture and not it looks to him as if Tom decided what he asked was not suf- ficient and is coming back for more. Mr. Napoli replied that that was correct. Mr. Lynch said that if the Board charges a man $4400 to tie into the sewer it is very inequitable and unjust. I 48 omiSelectmen' s Meeting July 20, 1953 Mr. Stevens said that Tom came in and asked the Selectmen if they would do this. He did not ask for anything more. He said his father was going to pay this and wanted enough abatement so it would not cost him anything for the sewer connection. Mr. Lynch said that he told Tom and his father that the town could not tie in his sewer. Mr. Nickerson said that was the concession. Mr. Lynch said he had no official communication from the Board and the Chairman said that he intended to discuss the matter with Tom and Went over to see him twice but was unable to locate him. Mr. Nickerson said that he told Tom. Mr. Lynch said that he would take it for granted that what the Board says is true, as he sees this assessment, an abatement of $125 or $135 is infinitesimal when he considers the enormous betterment on this man's land; dntirely agricultural land. He is not selling the land but is giving it away. He said Mr. Napoli should not be assessed on both streets and this town has never assessed anyone on two streets. Mr. Stevens said that several parcels of land in town on large streets which are assessable are billed for both sides. Mr. Lynch said that if there was any chance of this land being subdivided in the next ten or fifteen years he would not be here; the father will not part with the land and Tom does not want him to. He said he thought the Board was penalizing these people horribly. Mr. Nickerson said several times this evening Mr. Lynch made the statement that Tom came in about his own water betterment and incidently mentioned his father's. When he met with the Board he took up his father's situation first and then went into his own. He said that, in answer to Mr. Lynch's statement that he is being penalized, the Board thought when it went along with Tom's request it was going along with Mr. Napoli. Mr. Lynch said that if his request was for an abate- ment of $125 it was very inadequate. He said that as he sees the figures and discussed them with his father, he is being penalized by owning land on two streets. The sewer was put in for the benefit of Cary Avenue and not to service Middle Street. Mr. Stevens said that it does serve them. Mr. Lynch said that there is no question about it. He said they would also be "hit" on Marrett Road. Mr. Stevens said only when it is turned into build- ing lots. 49 Selectmen' s Meeting July 20, 1953 Mr. Bateman said that eventually, some time after Tam is dead, the sewer will be there and he thought the Board was very fair. He said it accepted his proposition. Mr. Lynch asked if it is the Board's position to grant an abatement of assessment on Middle Street and the total assessment will be paid on Middle Street and nothing on School Street until such time as the land is built upon. The Chairman replied in the negative and said that Tom said he would pay the total. Mr. Stevens said that Tom told the Board his father was going to pay the betterment assessments on both streets in full and in turn the Board if the Board felt he should be given some consideration it would make the sewer connection without charge. Mr. Lynch said he thought it was a very infair attitude. Mr. Stevens said that no one is saying that having taken the position once, the Board cannot now take another position. Mr. Lynch said that he not only has it in mind but he agrees . Mr. Stevens said that now the Napolis want to make a different proposition. Mr. Lynch said that is agreed to . Mr. Napoli said that his father's purpose in the whole thing was to give a piece of land to his sister. He and Mr. Lynch are merely trying to give his father what he deserves . Mr. Lynch, as a lawyer, pointed out things he (Tom) did not understand. He said he asked for what he thought he should ask but Mr. Lynch has pointed out to him it was not what he should have asked for. Mr. Stevens said that he did not mean they had no right to change the position but he wanted Mr. Lynch to know that the Board has not sold anything to Tom. Mr. Lynch said he thought he should pay an eq- uitable part of the betterment on Middle Street. Mr. Napoli and his two daughters will tie in. They will pay immediately on those three lots and defer the balance, Mr. Nickerson said that as Mr. Lynch has laid this down, and Town Counsel is agreed, the Board would probably go along but at the same time Tom would lose what he came in and asked for. There will be no connection. Mr. Lynch said they would pay on the three front- ages where they are going to tie in the sewer, but will not pay on. all of Middle Street and none on Marrett Road now. If, as and when the facilities are used, they will pay. _ l 50 CL Selectmen's Meeting July 20 1953 I Mr. Stevens said they would have to set up same separate lots and then the betterments will have to be apportioned onto those lots. The Middle Street better- ment will have to be apportioned. The Board will then have to release those lots from the Marrett Road better- ment. He said that until such time as lots are created there is nothing the Board can do except leave the assess- ment on the entire tract, and when Mr. Lynch submits a plan the Board would take it up from there . Messrs . Lynch and Napoli retired at 8:40 P. M. Letter was received from Mr. Stevens with reference to the letter from the State Department of Public Partial Utilities relative to a release from water betterment ( release of assessment of a piece of land taken from McDevitt for assessment Route 128. Mr. Stevens explained in his letter that the amount of land involved is .61 and the damage awarded is $130 now being held pending execution of a release. Upon motion of Mr. Gay, seconded by Mr. Bateman, it was voted to sign the Partial Release of Land from Water Bette ment Assessment levied on property formerly owned by Owen McDevitt, as prepared by Mr. Stevens . Letter was received from Mr. Carroll, Town Clerk, to- gether with copies of summons in answer to a petition for Barnes and assessment of damages of William Lester Barnes, Bertha Buttrick Louise Barnes, Gorham Buttrick and Grace R. Buttrick. Mr. claims Carroll stated that he had also notified Town Counsel. Application for Certificate of Incoporation was received from the Commonwealth on behalf of Henry A. Cert. Of Inc.Letoile, 24 Somerset Road. Upon notion of Mr. Nickerson, seconded by Mr. Gay it was voted to approve the application. Mr. Robert Lyon's offer of $50 for Lot 60, Winter Tax Street• was held over. Title Mr. Nickerson suggested, and the Board agreed, that Property it be referred to the Committee on Tax Title property for inspection and recommendation. Application was received from Mrs. Walter Sands, on behalf of the Lexington Circle-Florence Crittendon League, requesting permission to conduct lectures in Cary Hall on Uses of October 14, 1953, January 6, 1954 and March 18, 1954 . halls Upon motion of Mr. Bateman, seconded by Mr. Gay, it was voted to grant the use of the hall for October 14, 1953 subject to a charge of $35 plus $1.50 per hour 111 for janitor's services. The Chairman was authorized to advise Mrs. Sands that it is not the Board' s policy to grant used to Cary Build- ing so far in advance and to reiterate her request for January some time in December and for March, the first 51 Selectmen's Meeting July 20, 1953 of the year. Upon motion of Mr. Gay, seconded by Mr. Bateman, it was voted to grant Sumday Movie License to the Lexington °' License Amusement Co. Upon motion of Mr. Bateman, seconded by Mr. Gay it was voted to sign an Order of Taking for the construction of a water main in Hayward Avenue from Fairview Avenue, Water a distance of approximately 255 feet westerly. (Copy on Order file 1953 Selectmen's Files-Water Orders) Upon motion of Mr. Nickerson, seconded by Mr., Gay, it was voted to appoint the following election officers Election for a term expiring September 1, 1954. (See Selectmen's Officers Files-Election Workers's 1953) The Chairman reported that he received a telephone call from Mrs. Morey, Chairman of the School Committee, and she would like to have a Special Town Meeting called for the last Monday in September. The Elementary School Committee has made up its mindthat there will be an Special addition to the Fiske School and money will be requested' Town at the Special Meeting. It will take about eleven months Meeting to complete the procedure and that is why they want the requested meeting in September. Money will also be requested for by School grading and the Committee wants to request appointment Comm. of two separate building committees for two different schools. The Chairman was instructed to advise Mrs . Morey that the Committee will have to have separate articles for committee appointments rather than making the ap- pointments under Articke 2 as has been the custom in the past. He was also authorized to ask her what ex- actly the Committee has in mind. Upon motion of Mr. Nickerson seconded by Mr. Bateman, it was unanimously voted to send a letter to Mrs. William H. Ballard expressing the Board's sympathy in the death of her husband, killed in an automobile accident, and further to express appreciation f or his efficient help and exceptional co-operation whenever the Board sought his aid. The meeting adjourned at 9 :35 F. M. A true record, Attest : /ex- C1=-""k The next regular meeting of the Board will be held on Monday, August 3, 1953.