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HomeMy WebLinkAbout1954-05-10-BOS-min 356 SELECTMEN'S MEETING ' May 10, 1954 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, May 10, 1954 at 7:00 P. M. Chairman Reed, Messrs. Gay, Bateman, Maloney and James were present. Mr. Burns, Supt. of Public Works, and the Clerk were also present. At 7:00 P. M. Miss McDonough, Assistant Town Clerk, met with the Board for the drawing of two jurors. Mr. Jurors Louis A. Zehner, banker, 6 Fair Oaks Drive and Colin A. MacDonald, auto mechanic, 16 Fottler Avenue, were drawn for jury duty commencing June 7, 1954, Miss McDonough retired. Mr. BuOns submitted bids on 126 cast iron water pipp as follows: United States Pipe do. $4.28per foot Warren Pipe Company 4.27 " " R. D. Wood 4.20 " 6 Bids on Mr. Burns reported that the R. D. Wood bid was water pipe not on the same grade of pipe as the other two bidders and therefore Warren Pipe Company is low bidder if Wood is out because they did not bid on the same weight pipe. Mr. James asked if the Wood bid was adequate and Mr. Burns replied that the bid is adequate but it is not the grade of pipe the town has been purchasing. He ex- plained that the Wood pipe is a brand new classification and is strictly to enable them to compete. Furthermore, it has to be laid under conditions set down by the bid- der. The Chairman asked if this type of pipe was some- thing the other bidders would delay in coming to and Mr. Burns replied that most dealers are trying to keep away from it. It is all in trying to meet competition. Upon motion of Mr. Bateman, seconded by Mr. Gay, it was voted to award the bid for 12" cast iron water pipe to the Warren Pipe Company. Mr. Burns submitted bids for valves and fittings as follows: 357 Fittings Public Works Supplyl 02.61 Bids on Hilco Supply 1400.59 valves and M. C. Allen Associates 11466.93 fittings Valves Public Works Supply $19514.07 Hilco Supply 2020.60 M. C. Allen Associates does not make valves Upon motion of Mr. Gay, seconded by Mr. Bateman, it was voted to award the bid for valves to Public Works Supply at the quotation of $19514.07. Upon motion of Mr. Gay, seconded by Mr. Bateman, it was voted to award the bid for fittings to Hilco Supply at the quotation of. 411400.59. Mr. Burns brought up the subject of the Spring Spring Street Street sewer as a matter of information inasmuch as it sewer is an unusual situation and explained the proposed loca- tion by use of a plan. He said that in order to reach all the houses on the portion of the street that can be -13ewered at a depth starting from Hudson Road going to Shade Street,. there are two houses that are critical. It makes a difference in the cut of five feet to service these two houses Which means a depth of eighteen feet. With the line he recom- mends, the first house could not be serviced unless the owner had a septic tank or cesspool if he intends putting any facilities in the cellar. The owner of the second house will have to change the plumbing. He said it will not interfere with the use of the sewer because all on the f irst floor and above can be reached. To correct the situation involves an expenditure of $10,000. Mr. Bateman asked if the town was legally correct and Mr. Burns replied in the affirmative. The Chairman reported that Mr. Bateman received a telephone call yesterday about the water on Bartlett Avenue. Mr. Bateman said that there was six inches of water over the street flowing down and stood to wash out the shoulders. He said it appeared to be bubbling Bartlett Ave. out of the drains. The back yards were flooded and one drainage oil burner was put out. The Chairman explained the situation by use of the wall map and said that he did not think the town was responsible. Mr. Stevens arrited at the meeting at 7:25 P. M. The Chairman explained that the height of the reservoir was the major reason for the flooded conditions. 358 at 1-0 Mr. Burns stated that the town has not done anything down in that area to change the situation on Bartlett Avenue and the flooding is nothing new but has been prevalent every year. He said that one of the reasons the Town of Arlington won' t co-operate in cor- recting the situation is because there is ledge in the bottom of the. brook. Mr. Bateman said that he still thought something should be and could be done. The Chairman said that he did not know what could be done unless the Town of Arlington would change the spillway. Mr. Stevens advised that Lexington is under no responsibility for the reservoir. Mr. Bateman asked about the water in the cellars and Mr. Stevens replied that the town is not liable un- less it is dumping. water int. Mr. Bateman said he would like Mr. Burns to bring in a comprehensive answer from an engineering standpoint and then the Board can take steps to do drat it can with the Town of Arlington. Mr. Burns agreed but said he doubted if anything could be done to correct a situation such as this primar- ily caused by days of rain and a flash flood. Messrs. Paul K. Palmer, Lincoln P. Cole, Mrs. George P. Morey of the Maria Hastings School Committee School Street met with the Board. School Mr. Palmer said that the committee has a drainage drainage problem and presented a preliminary akainage plan of the Maria Hastings School area, laid out in blue, also show- ing the drainage pipes which the engineer defided nec- essary for proper drainage. He explained that there is a town drainage pipe which makes a pool in the low land. In order to prevent flooding, the committee would like the town to make a connection between that drainage pipe and the one the committee will install. He ex- plained the distance as being about 120 feet. The Chairman said that if a town does install a pipe connecting the two, and the area is developed, the pipe will then have to be removed. He asked if it wouldn't be better to let the drainage go through an open culvert. Mr. Cole agreed that it would be satisfactory as long as it did not become plugged by debris. Mr. Cole said that what they are doing meets with the approval of Mr. Burns but the committee felt the pool would exist if it were open or shut. However, it can be kept dry. The Chairman said he thought the land would be 359 developed soon whether the school is constructed or not and it might be better to wait. Mr. Palmer said the land where the water stands is higher than t he school land. The Chairman asked if Mr. Cole felt the better solution was the pipe and he replied that the committee thinks the perfect solution is the pipe. Mrs. Morey asked if Ellison Road was not being built upon on both sides and Mr. Burns replied in the affirmative. Mrs. Morey said that therefore drainage would have to go in and Mr. Burns explained that the drainage dump- ing there comes between the lots. Mrs. Morey suggested obtaining an easement and preventing a law suit against the town. The Chairman asked about the distance and Mr. Burns explained that it will have to be brought to Roosevelt Road, a total of 290 plus 00. Mr. Maloney inquired about the amount of money involved and Mr. Burns replied that they are talking about $2500. The Chairman asked if Mr. Burns thought this could be considered as a budget item for next year and he re- plied in the affirmative. The Chairman explained that representatives of the Methodist Church were meeting with the Board this evening and he understands that they have bought or intend to buy land in this area for a church. He said that the Board will know definitely after this meeting whether or not betterments will be assessed. Mr. Cole said that if the church purchases the land, the committee' s contractor will take over the drain- age. The Chairman said that he would let the committee know how the Board makes out with the church represent- atives. The Committee retired at 8205 P. M. Messrs. Greenlaw and Millican met with the Board. Mr. Millican explained that theyare two of a xP nine man Board of Trustees who are trying to build a Methodist Church in Lexington. They have chosen a site, but have not as yet purchased it and it is the Thompson property at the corner of School Street and Massachusetts Avenue. He said they have to report back to a committee and were told that there would be a heavy betterment tax here. They are trying to find out if it is an actual fact or if the betterment tax can be eliminated because of the church. He said they realize the road will ben- , efit the property, but as far as they are concerned it will not help them because they have two streets. He asked if the church would have to pay the betterment. 360 Co Cie Mr. Gay asked where the church is to be located and Mr. Millican pointed, it out on a plan and skid that they are going to move the house. The Chairman said tliat there will be betterments on three lots and it is not a tax. He explained that a betterment is different from a tax and the town was building the road with the understanding that there would be betterments. Methodist Mr. Stevens explained that when the land was Church acquired from Mr. Thompson it was in the agreement that PO when a road was put in these lots would be assessed betterments betterments. He said t hat was very definitely explained out and there was no question about it, and it was in the written agreement. He said that a betterment is not a tax. It is an improvement of the property and would therefore seem to be something that should be assessed. the Chairman said that Mr. Burns might be able to give them a rough estimate of the assessment and Mr. Burne said that on 250 feet it would be in the vicinity of $1700. He also said that there may be a sewer assess- ment on a portion of School Street. Mr. Millican asked if t he land was not laid out at all and they purchased it would the church still be re- quired to pay. Mr. Stevens explained that insofar as betterments are conoerned the church is not any different because this is not a tax. He said he has not checked this but based on the theory of betterments he would say that the church would have to pay betterments. Mr. Millican asked for a definite answer in writing and Mr. Stevens agreed to discuss the subject tomorrow with Mr. Clark, attorney for the church group. The Chairman a aid that the Board would leave it with Mr. Stevens and have a definite answer by next Mon- day night. Messrs. Millican and Greenlaw retired at 8:15 P. M. Mr. Stevens referred to the betterment assessments in regard to Edison Way and recalled that it was agreed to abate the betterments if the land were donated with- out charge. He said that he already has the deed from the Trustees of the Western Real Estate. Hunt is hold- ing the deed until the abatement goes through and the Boston & Maine Railroad is making no claim. Upon motion of Mr. Gay, seconded by Mr. Bateman, it was voted to abate the following Edison 'Way better- ment assessments as per agreement between the Town and the property owners; land having been donated without charge Boston Edison Company $ 2162.10 ' 361 Edwin D. Brooks, Moses Williams, $ 799.87 Edwin D. Brooks, Jr. , Philip H. Theopold and Dwight Foster, Trustees of Western Real Estate Trustees Edwin D. Brooks, Moses Williams, 1201.80 Edwin D. Brooks, Jr. , Philip H. Theopold and Dwight Foster, ,Trustees of Western Real Estate Trustees Agreement Anstiss S. Hunt, Mary D. Hunt, 76L1.25 Alice M. Ballard, and Nathan B. Bidwell and Anstiss S. Hunt, Trustees u//w Mellissa E. Hunt Mr. Stevens referred to the sewer betterment assessments levied against property owned by Frank A. and Mary Napoli and said that after some action being taken with re deferment of the last sewer betterment, Mr. Lynch came in with Thomas Napoli and at that time, July 20, 1953, it was left that if they would lay out the three lots on which the buildings were erected or were Napoli to be erected, Mr. Burns would then apportion better- ments to those lots. They would be paid by Frank Napoli and the time for payment of the remainder would be ex- tended. He said the Board has been waiting ever since for the plan. He called Mr. Lynch today and he said that Frank Napoli does not want to sewer his house from the rest of the farm and he is not going to connect to the sewer. Mr. Stevens explained to Mr. Lynch that the only basis for extension is if the land is not built upon. If Mr. Napoli does not take the house lot out of it, the land is built upon. Mr. Stevens advised that the application for abate- ment should be disposed of. Mr. Lynch wants to keep the application and would like to meet with the Board be- fore any action is taken in regard to it. He said he told Mr. Lynsh he would review the subject with the Board and an appointment would be made if the Board wanted to discuss the subject further with him. It was agreed to invite Mr. Lynch to meet with the Board next Monday night. Letter was received from Willis R. and Marcie M. Anderson, 29 Bellington Street, Belmont in regard to a water betterment assessment in the amount of $250 as- sessed to Paul C. and Gladys E. Folsom and located on Robinson Road. 362 CL Mr. Stevens explained that this amount should have been included in the amount paid by the Common- II wealth of Massachusetts but through an error in the Folsom, Collector's Department, the attorney was advised that betterment there were no further liens on the property. abated The Board felt that inasmuch as the error was made by the town the present owners of the property should not be expected to pay a betterment assessed against the land when it was owned by someone else. Upon motion of Mr. Bateman, seconded by Mr. Gay, it was voted to abate the water betterment assessment in the amojnt of $250 to correct an error made three years ago in the Collector' s Office. Letter was received from the County Commissioners Johnson Road advising that a hearing will be held at the Commissioners' hearing Office on Tuesday, June 1, 195h at 10:30 A. M. before issuing an order layout as a public way in Lexington and Winchester from Ridge Street near Johnson Road. The Chairman read a letter from Custance Brothers, Repairs to Inc. submitting a figure of $388 to shingle the house Garrity at 9 Hancock Street now occupied by Mr. Garrity, plus house $150 for repairs around the bottom of the house. Mr, Gay asked if Mr. Burns had any money to pay for the work and he replied in the negative. The Clerk was instructed to make an appointment for Mr. Garrity to meet with the Board to discuss the subject further. Messrs. Stevens and Burns retired at 9:30 P. M. The Chairman read a letter from Ellison F. Beckwith, Insurance 17 Edgewood Road stating that he would like to be con- sidered for some of the Town's insurance. It was agreed to place his name on the list for consideration at some future time. Letter was received from Douglas Maxner, Manager of the Lexington Drum Corps, requesting permission to conduct Tag Days on May 21 and 22. Inasmuch as the V.F.N. have a Poppy Delve, whioh isa n tional in its scope scheduled for May28 and2 Mr. Bateman moved thatthe Board suggest tthe Corps that its Tag Day be held on Friday, June 18th, one day only. Mr. Gay seconded the motion and it was so vot4d. Application was received from the Allied Veterans Use of hall Council requesting use of Cary Hall for Memorial Day Exercises on May 30. Upon motion of Mr. Gay, seconded by Mr. Bateman, 363 it was voted to grant the use of the hall free of charge, subject to a fee of $1.50 per hour for jani- Use of hall torts overtime services. Application was received from the Lexington High School Class of 1951, requesting permission to Use of hall conduct a dance in Cary Hall on June 11. Inasmuch as the Grey Nuns organization has been grttsd the use of Estabrook Hall the same evening for graduation exercised, the Chairman was authorized to advise the applicant that Cary Hall is not available and to suggest that he select some other night. The meeting adjourned at 10:05 P. M. A true record, Attest: ' le , Se etmen