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HomeMy WebLinkAbout1954-05-24-BOS-min 369 SELECTMEN'S MEETING May 24, 1954 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, May 24, 1954 at 6:45 P. M. Chairman Reed, Messrs. Gay, James and Maloney were present. Mr. Burns, Supt. .of Public Works, and the Clerk were also present. Mr. Burns reported that the bids opened last week on Contract No. 1 for laying water mains, etc., have been analyzed and there are no changes in the quota- tions as submitted. The Chairman mentioned that some dissatisfaction Contract has been expressed in regard to Brox, the feeling be- No. 1 ing that he has not been doing the job he could do. water mains Mr. Burns said he has heard this through the awarded years but would like to have something specific. He said that personally he does not know of anything serious or glaring that has not been done. He ex- plained that some of the work which might have been included in the project hadto be eliminated because the necessary funds were not available. He stated that an attempt was made to have the job done with the money available rather than re-advertise. Mr. Maloney ,observed that if Brox is the low bidder and there is nothing definitely wrong, he must be con- sidered. Mr. Burns said that if there is something that is not right, he is unaware of it and would like to be informed. I* referred to the Gleason Road project and explained that Mr. Brox was away and the super- visor in charge was not satisfactory. However, the situation has been called to Mr. Brox' attention and he is going to correct it. He said that he would not like to have the Board placed in an embarrassing posi- tion, but this is a contractor who is low bidder, can obtain a bond, has done this type of work before and is presently doing a half million dollar job for the State. He further explained that in the bid, the large item on which he is low is bituminous concrete surfacing which is in his field. If Susi & DeSantis is awarded the con- tract, they will have to sublet the resurfacing. The other major item on which Brox is low is ledge. He said that on a straight business basis he could see no reason not to accept the low bid. Upon motion of Mr. Gay, seconded by Mr. Maloney, it 370 was unanimously voted to award contract No. 1 for laying water mains, etc. , to George Brox, Inc., the low bidder, at the quotation of $25,230. Mr. Burns referred to a water bill charged to the DeVincent farm, and explained that there was a leak which ran up about $200 worth of water. He said that on two or three similar instances the town has taken the actual water used and charged what the water DeVincent cost the town and abated the difference. He mentioned water bill that this leak was at the pit. Mr. Gay asked if Mr. Burns felt an abatement was justified and he replied in the affirmative. The Chairman asked if DeVincent knew about the leak and Mr. Burns replied that there is more than one DeVincent and each one thought the other had notified the department that the farm had shut down but actually no one did. The Chairman asked if DeVincent had requested an abatement and Mr. Burns replied that he asked if any- thing could be done about it. He told him that he would present it to the Board. The Chairman said that inasmuch as this is a case of neglect on DeVincents+ part he did not think the town was obligated in any way. Upon motion of Mr. James, seconded by Mr. Maloney, it was voted not to authorize abatement of the water bill. Petition was received from residents of Winter Street requesting the Board to consider extending the sewer from Bedford Street up Winter Street. Request for Mr. Burns explain) d the situation by use of the sewer in wall map and said that the original design called for an Winter St, ejector station in this area. He stated that it would involve a long sewer to r each t he area and it cannot be brought down Winter Street due to the valley and it is solid ledge. He said that it would be approximately 190 feet through the hollow and a rough estimate of the cost would be $60,000 just to get it there. The Chairman was authorized to advise the petitioner that no provision has been made for this project in the 1951t budget and it will be considered as a 1955 item but that does not necessarily mean that it will be approved and voted upon favorably. The ehairman read a letter from Mrs. James D. Tree Seaver requesting removal of a maple tree located in removal front of her pig:psrt, at 37 Somerset Road. The Board is to view the tree before taking any action on the request. 371 Copy of letter was received from Mr. Lindstrom to Leeland MoConehie directing him to cease stripping and removal of loam from the rear of 6 Hawthorne Road Which is in violation of the Zoning By-laws. The Chairman reported that he had talked with Mr. Howard Custance relative to reshingling the house in which Mr. Garrity lives. Mr. Custance believes that trouble would be encountered if the present shingles Repairs to are removed due to the age of the building. Garrity Mr. Custance submitted another quotation of $195 house in addition to the original figure of $388 if the shingles are to be removed. The Chairman said that the Board should deoide whether or not the shingles are to be removed and Mr. Maloney suggested asking for other bids both ways. The Chairman asked Mr. Burns to solicit two or three other bids asking for a price leaving the old shingles on and also for a price to rem40e them. Mr. William G. Potter, Chairman of the Cemetery Commissioners, met with the Board and said that he had received a notice from the Board of Appeals upon petitions of the Lexington Sand and Gravel Company Board of and Mr. Linehan for permission to further remove Appals I gravel from the pit on Westview Street. He said that hearing this seems to him to be something that affects the whole town as well as the Cemetery Department. He mentioned that at the Town Meeting a statement was made, when the area was being considered for a busi- ness zone, that further removal of sand and gravel would be more of an eyesore than it is now. The Chairman said that he told Mr. Linehan at Town Meeting that the new law was not to get at him or the Lexington Sand and Gravel but to control the pit on North Street. He said that he and possibly some other members of the Board intend to be present at the Board of Appeals hearing next Thursday night. Messrs. Potter and Burns retired at 7:35 P. M. Letter was received from the Board of Assessors Tax rate advising that the 1954 tax rate has been established and approved at $46 per $1,000. The total assessed Valuation is $45,308,810 a gain over last year of $3,760,110. The Chairman read a letter from the Assistant Town Clerk advising that the Moderator has appointed Committee the following individuals to the Capital Expenditures appointed Committee: Sanborn C. Brown, John A. Carrier, D. Sargent Goddard, Mrs. John F. Rich and Donald E. Williamson. 372 CL Letter was received from the Lexington Allied Veterans' Council inviting the Board to participate Memorial Day in the annual Memorial Day observance to be held observance Sunday, May 30 and Monday, May 31. The Chairman said that he would represent the Board on Sunday and Mr. Maloney agreed to attend the services on Monday. Mr. Stevens, Town Counsel, arrived at 7t140 P. M. Letters was received from the Appropriation Com- Transfers mittee advising that the following transfers from the Reserve Fund have been approved: $500 Collector's Personal Services; $325 Collector's Expenses, and $1,130.35 Fire Department Expenses. Application was received from the Board of Use of Health for permission to use a conference room, Cary hall Memorial Building, on June 12 from 3:00 P. M. until 4:00 P. M. for an immunization clinic. Upon motion of Mr. Maloney, seconded by Mr. Gay, it was voted to grant the request. Application was received from Hail' Baking Com- License pony for renewal of peddler's license issued to Anthony Ferreira, 249 Marrett Road. Upon motion of Mr. Gay, seconded by Mr. Maloney, it was voted to approve the application. Mr. Frank Belcastro, 141 Spring Street, met d th the Board and said that he would like a job working for the town. The Chairman explained that the Selectmen have no Belcastro jurisdiction oirer hiring and it is left entirely with re job the department heads. He stated that the Fire Com- missioners employ men in the Fire Department, the Police Department is under Civil Service and` Mr. Burns hires men for the Public Works Department. The Chairman also explained that Mr. Burns has no fundsva ab e a it 1 in his budget this year to hire dg y a any additional help but suggested that Mr. Belcastro see him and possibly he will keep him in mind for some future time. Mr. Belcastro retired at 8:00 P. M. Letter was received from Mr. Stevens in re Lots 1 and 2., Block 18, Reed Street which the Board voted to sell to James F. Sawyer, having been advised by the Town Clerk that these lots were owned by the Town sod could be sold. In checking the records at the Registry of Deeds Mr. Stevens found the matter not clear from 111the recorded instruments and upon investigation it is his opinion that the title of the Town to the lots is invalid. 373 Mr. Stevens said that he has discussed this matter with Mr. Sawyer who wants the land for protection. He explained to Mr. Sawyer that the title was not any good, but he is willing to wait until it has been cleared. Tax title Mr. Stevens recommended that the Assessors be re- property quested to place the propertyon the list of taxable real estate and that the 195real estate tax be assessed to Ellen Rowell. Upon non-payment of the tax, the Col- lector can make a new taking of the property and, after the expiration of two years, the tax title can be fore- closed and the property conveyed to Mr. and Mrs. Sawyer. The Board approved Mr. Stevens' suggestion and he said that he would contact the Assessors. Mr. Daniel A. Lynch and Mr. Thomas Napoli met with the Board at 805 P. M. Mr. Lynch explained that his meeting with the Board concerns the assessments on the Napoli farm, and said he thought most of the Board was familiar with the land. He presented a plan of the Napoli land bounded by Middle Street and Marrett Road.. He said that the total assess- ments on the property run close to $6,000 - $5,939.65. Mr. Lynch reviewed the subject and said that Tom Napoli came in before the Board some time ago and had a long betterment talk with t he Board before he came into the picture. At that time the Board had an understanding to tie Mr. Napoli into the sewer. Nothing was ever completed in the arrangements and nothing put in writing. Tom re- ported back to his father who was not quite satisfied. Mr. Lynch said that he came in July 20 last year and left with a definite agreement substantially that Mr. Napoli would have sole engineering work done on the farm and establish three lots; one lot to one daughter, a second lot to another daughter and the third lot would incorporate c rporate Mr. Napoli' s house. The betterments were to be determined on the three lots and he would pay that and have the balance deferred. Mr. Lynch spOMe to Miller & Nylander. They were busy at the time and it teok several months to do the engineering work. They met Mr. Napoli who is old and he asked them what they were doing. They told hi* and he then spoke with Tom and Mr. Lynch and was not happy about the arrangement. Mr. Lynch said Mr. Napoli does not want to cut his house away from the farm. He is not well, getting along in years and this assessment is an encumbrance on the property. He wants to pass it along to his children without any encumbrance. He said that Tom appreciates it is embarrassing having made an agreement with the Board, but his father is not happy about it. Mr. Lynch said that he has another suggestion, having in mind the Board has already granted Tom's origi- 374 nal request and also his request of July 20. Mr. Napoli, Sr. will never develop this land. Tom farms most of the land and doss most of the work. He has no present intention of doing anything with it. If this were regarded as one lot it would be assessed only en one street. He said it should not be regarded as a single lot as it is too big for that. Mr. Lynch said that under the law, as it was be- fore 1950, the Board could defer payment only by charg- ing interest. Then a law was passed in 1950 whereby the Board can defer without interest. These better- ments have been deterred by the Board to the last one of December 28, 1953 plus the one he spoke to the Board about. What Mr. Napoli, Sr. would like is an abatement of some kind at which time he would then pay the balance in full. If the land later were developed, someone might feel that someone had received something for noth- ing. Mr. Lynch said that he does not think the Value of the land has been increased by the assessment. He said he did not know how many lots they could get with a total assessment of *6,000. If the land remains as a farm, its value is reflected because of the work Tom has done up there. He said a *6,000 sewer betterment on land which is not being utilized seems high. One of Tomos sisters has paid the assessment on her lot and she is not tied in. The other aiatSr has tiedtin and Mr. Napoli, Sr. is not going to use the facilities. Mr. Lynch said he would like to recommend instead of deferring this any longer, that the Board grant an abatement, rather than have a double assessment, by about 25%; somewhere in the vicinity of *1,000 or *1,500 and get rid of it. The Chairman said that he felt he was speaking for the Board and the Board feels that at some time in the future this land can still be used for house lots. Mr. Lynch agreed and the Chairman explained that the Boa• d has learned from past experience that land upon which abatements have been requested, has been built upon. He said he realized Tom may not have any idea of house lots, but some time it may be divided into house lots. He said that if the assessment is deferred without interest, there is no cost to anyone and it can go along until such time as it is built upon. He said that seems to him the only fair way to handle the matter. He explained that at the end of the three-year deferment period Tom can again request deferment without interest. Mr. Lynch said he thought it was a very reasonable approach as no one knows what might develop five or six years from now. He said that if it were abated, someone might criticize the Board arid that bothers him. He said he would think it sums up to this. Mr. Napoli does not want to remove his house fra# the farm as such. At the 375 IIpresent time he will pay the betterment on two lots. However, Mr. Lynch said he was bothered about the legal problem. Under the law, if the land is not built upon it can be deterred. The Chairman said he did not know what Torn Counsel would rule and said that perhaps the Board could assess 125 feet in front of the house and not remove it from the lot. Mr. Lynch said that Mr. Burns could take a fron- tage of 125 feet and put in the lateral line. How- ever, that bothered Mr. Napoli. He would prefer to pay it with whatever abatement the Board would give him. He said he has tried to explain it to Mr. Napoli but he is old with fixed ideas. The Chairman said be realized there is no value to the land now, but he did believe that at some time there will be a value from the sewer. He said he would be willing to assess 125 feet for the sewer in front of the house if it can be done and defer the balance. He said he could not see any justification for abating any of the assessment. Mr. Stevens said that unless Mr. Napoli is willing to take the house out by deed or plan, there is not land unbuilt on upon which the statute operates. The Chairman said that some future Board might abate it, but this Board lould not feel justified in abating any amount. Mr. Stevens said that the value is there even though the sewer does not help the farm; the value is there but not being used. He said that every case the Board has had, and there have been several, has been taken care of by lotting the land to separate the house from the other land. He said it must be a recorded plan. Mr. Maloney said that there is $6,000 tied up, and it was deferred for three years. He said suppose it was deferred for twenty years, the town would be paying in- terest on borrowed money. Mr. Gay said that the present Board has gone along on the basis of if and when but no one could tell what a future Board would do. Mr. Maloney left the meeting at 8:20 P. M. Mr. Gay said he did not think a future Board would make Tom pay the assessment. Mr. Lynch said that the Board has been very fair but Mr. Napoli has definite fixed notions and they dis- turb everyone a little bit. He asked if the Board would give eomeithought to an abatement, he didn't care how much, and he would put it up to Mr. Napoli. He does not want deferments as he has an idea he is getting relief in his lifetime to pass the burden on to his children. Mr. Lynch said if the Board would give him some abatement, he has a petition pending for an abatement. 376 c. The Chairman said that if the Board could find anything to justify its action, it would be agrees. He said, however, that the Board is representing the town and does not want to be criticized even though it does sympathize with the conditions existing here. Mr. Gay asked if Mr. Napoli had mentioned any amount he wants abated and Tom replied that he would leave it up to the Board. The Chairman s aid that the Board would discuss the subject further and advise Mr. Lynch. Messrs. Lynch and •Napoli retired at 8:30 P. M. Borrowing in Letter was received from Mr. Carroll, Town Tseas- anticipation urer, advising that the financial condition of the of revenue town is such that it will be necessary to borrow $500,000 in anticipation of revenue; notes to be dated June 1, 1954 and payable November 1, 19524. The Board was unanimously in favor of granting Mr. Carroll's request for permission to proceed to make the borrowing. The meeting adjourned at 8:33 P. M. A true record, Attest: ?iapie rat