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:
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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.
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at
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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:
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le , Se etmen