HomeMy WebLinkAbout1954-02-02-BOS-min 259
SEIECTMENt8 MEETING
February 2, 1154
A special meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Tuesday evening, February 2, 1954 at 7:30 P. M. Chair-
man Reed, Messrs. Bateman and Gay were present. Mr.
Higgins, Asst. Town Engineer, and the Clerk were also
present.
Hearing was declared open upon the intention of
the Board to lay out as town ways the following streets,
all having been constructed by the subdivider:
Appletree Lane from Peachtree Road, south-
westerly and southeasterly, a distance of
approximately 1512 feet;
Barberry Goad from Concord Avenue, south-
erly- and.,we erly, a distance of approx-
imately 2386 feet;
Ballard Terrace from North Hancock Street,
northerly a distance of approximately 820
feet;
Bates Road from Wood Street, northeasterly,
a distance of approximately 959 feet;
Battle Green Road from Minute an Lane
westerly and northwesterly to ul_Revere
Road, a distance of approximately 1166 feet;
Benjamin Road from Concord Avenue, northerly
and westerly to Concord Avenue, a distance
of approximately 1154 feet;
Castle Road from Franklin Road, northeast-
erly to Hayes Avenue, a distance of approx-
imately 470 feet;
Field Road from Concord Avenue southerly to
Barberry Road, a distance of approximately
981 feet;
Holton Road from Wood Street, northeasterly
to Patterson Road, a distance of approx-
imately' 768 feet;
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Hutchinson Road from Concord Avenue, north-
easterly
to Webster Road, a distance of
approximately 1054 feet;
Lantern Lane from Philip Road northerly
to Dawes Road, a distance of approx-
imately 947 feet;
Minute Man Lane from Massachusetts
Avenue northerly and westerly to Battle
Green Road;
Patterson Road from Wood Street, north•
easterly and northerly, a distance of
approximately 1542 feet;
Peachtree Road from Woburn Street,
southerly, a distance of approximately
512 feet;
Peartree Drive from Lowell Street,
northeasterly to Appletree Lane, a
distance of approximately 250 feet;
Philip Road from Buckman Drive, westerly,
a distance of approximately 473 feet;
Scotland Road from Appletree Lane south-
easterly and southwesterly to Appl4tree
Lane, a distance of approximately 852
feet;
Stearns Road from Pleasant Street, north-
westerly to Webster Road, a_distance of
- approximately 252 feet;
Webster Road from Hutchinson Road to
Hutchinson Road, a. diatoms of approx-
imately 2906 feet;
Wildwood Road from Wood Street north-
easterly to Patterson Road, a distance
of approximately 618 feet;
Williams Road from Dexter Road, north-
easterly to Blake Road, a distance of
approximately 1030 feet;
Wyman Read from Williams Road, northerly
and easterly to Blake Road, a distance
of approximately ?395 feet.
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There were approximately eighteen persons present
at the hearing. Notice of the hearings were served in
person by Constable or by registered mail to all the
property owners on the streets, to be presented at the
Annual Town Meeting in March, being registered owners as
of, January 1, 1954.
The Chairman explained that the subdivision streets
have been constructed as A-1 according to town speci-
fications and the hearing required by law is a matter
of form. He informed, those present that no betterments
will be assessed. He said that the streets are all
listed in alphabetical order, but he would first take
up the streets upon which the people here live or own
property. He explained that those in favor of accep-
tance would be given an opportunity to speak and then
those opposed would be given the same opportunity and
further requested that any person wishing to be heard
state his or her name and address for the record.
Mr. Ciampa, 40 Webster Road, inquired about the
installation of street lights and the Chairman in-
formed him that he should submit his request to the
Board in w r3 ting. He explained that each year there
is a certain amount of money appropriated for street
lights and when the funds have been exhausted, any
other requests are kept in the order of receipt and
usually considered some time after the first of July.
He said that there is no particular form re-
quired and suggested that it might be well for Mr.
Ciampa to obtain signatures of those peoplt"on the
street who desire lights.
The Chairman asked if he is in favor of having
Webster accepted and Mr. Ciampa replied in the af-
firmative.
The Chairman a sked if anyone else wished to
speak in favor or in opposition to the acceptance of
Webster Road and no one made any reply.
Mr. Oscar R. Carlson said that he would be in
favor of havingCastle Road accepted if there are no
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complications.
The Chairman explained that the Board was obliged
to hold this public hearing.
Mrs. Carlson asked how much money is provided for
street lights and the Chairman replied that it usually
is enough for about thirty lights each year.
Mrs. Carlson a sked if the Board required a formal
request for street lights and the Chairman replied that
the Board prefers to have it in writing. He explained
that when the Board has approved a. certain number of
requests, the list is then submitted to the Boston Edison
Company and a survey is made as to. just where the pro-
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posed lights are to be installed. He- said that usually
the Board goes along with the Company's recommendatioh.
The Chairman said that he would like all present
to realize that the acceptance of a street does not in-
clude construction of sidewalks or planting trees.
Mrs. Carlson asked if a request for trees mould be
submitted and the Chairman replied in the affirmative.
He stated, however, that the requests are numerous and
not all of them can be granted.
The Chairman informed the group that the town will
maintain the streets, when they have been accepted by
Town Meeting, but would not do any further construction.
He explained that the Selectmen only recommend accep-
tance at the Town Meeting and the Town Meeting members
are the ones who actually vote on it. The Selectmen
cannot guarantee that any street will be aedepted.
• Mr. George McNally, Jr., 5 Franklin Road, asked
if the remaining land, from the edge of the street now
to the edge of the abutting property would be developed
as foe sidewalks or paths and the Chairman replied that
should have been done by the subdivider who built the
street. He said t hat the Town will not build any side-
walks and whatever is there now will not change. He
said that the town does construct sidewalks but the ap-
propriation
is small each year, and further when a
sidewalk is constructed , betterments are assessed and
the abutter must pay a portion of the cost.
Mrs. Carlson asked about the speed limit aad the
Chairman explained that the acceptance of a street does
not mean that traffic signs will be erected, and informed
her that the speed limit in Lexington is twenty-five miles
per hour.
The Chairman asked if there were any further ques-
tions in regard to the acceptance of Castle Road, and
there were none.
Mr, Earle S. Rosenblum, 28 Patterson Road, said
that the questions he had in mind were. in line with the
ones answered on the previous streets. He said that Mr.
Burns told him that, regardless of acceptance, an order
had gone in for street lights. As of now they have not
been put in.
The- Chairman expalined that is because the Boston
Edison Company has been very slow. He said that the list
of lights approved by the Board bad been referred to the
Company in July and some of the installations have not
been made to date.
Mr. Rosenblum mentioned grading, looming and seed-
ing
the shoulders.
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Thee Chairman informed him that the physical con-
, dition of the road will hot change from what it is now;
that should have been taken care of by the contractor.
Mr. Bateman said that Mr. Burns had informed the
Board that there would have to be some more work done.
The Chairman explained that if the Board waits for
the subdivider to complete the project, it would be too
late to present the streets for acceptance in March.
Mr. Rosenblum asked if it would be in order to ask
for street signs .and the Chairman said he thought it
would not at this hearing. He explained that any time
Mr. Rosenblum felt warranted enough to ask for a sign
he should submit his request to the Board in writing
and it would be given consideration.
Mr. Robert M. Cantwell, 31 Patterson Road, said
that he under2tands the next step is for the Selectmen
to recommend acceptance to the Town Meeting where it
will be voted on.
The Chairman said that he could see no reason why
the Town Meeting would not go along with these streets.
One gentleman asked what the significance of accep-
tance is and what it involved.
The Chairman replied that it means the street will
be maintained by the town, and becomes the town's ra-
il
sponsibility. He said that the town is not required to
plow unaccepted streets but it has been the policy to do
so.
The mans sked if the property owners would have to
reimburse the town and the Chairman replied that there
will be no charge.
The Chairman asked if there were any further ques-
tions in r egard to the acceptance of Patterson Road, and
there were none.
Mr. Alan B. Wade, 524 Concord Avenue, referred to
the acceptance of Fied Road, and asked if the town
planned to widen the entrance.
The Chairman replied that there will be no change
in the physical condition of the road. The town con-
templates widening Concord Avenue as a Chapter 90 project.
Mr. Wade asked if there is any possibility of the
town not Widening Concord Avenue and the Chairman ex,
plained that he would have an opportunity to register
his opinions at the time the project is taken up.
The Chairman asked if there were any further ques-
tions in regard to the acceptance of.Field Road and
there were none.
Mr. James F. Flynn, 3 Minute Man Lane, said that he
wished to be recorded as being in favor of the accep-
tance of Minute Man Lane and asked if t he people should
contact the builder if anything further is to be done to
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the street.
The Chairman replied that he thought Mr. Burns
would make sure that Ake contractor completes the work.
The Chairmen asked if anyone present wished to
speak either for or against the acceptance of any of the
proposed streets and no one expressed the desire to make
may further comments.
The Chairman explained that the town would install
street name signs as soon as they are obtainable after
the streets have been accepted.
Hearings on subdivision streets was declared closed
at 7:50 P. M.
At 8:00 P. M. hearing was declared open upon the
intention of the Board to lay out as town ways the
fallowing streets :
Bertwell Road from Simonds Road, north-
westerly, to Williams Road, approx-
imately 520 feet;
Buckman Drive from Locust Avenue,
southerly, a distance of approximately
2000 feet;
Dawes Road from Pollen Road, south-
westerly, a distanoo of approximately .
1002 feet;
Oak Terrace from Oak Street, easterly,
a distance of approximately 310 feet;
Williams Road from Bedford-Street to
Dester Road, a distance of approximately
800 feet, easterly.
The Chairman explained that there are five streets
to be presented to Town Meeting for acceptance to be con-
structed under-the Betterment Act. He said that the first
on the list is Bertwell Road and asked if anyone present
wished to be heard in favor or in opposition. He ex-
plained that the Board would first hear from those in
favor and then those opposed. He stated that the Board
is compelled by law to hold hearings prior to the accep-
tance of any street and that the Selectmen can recommend
acceptance only. It is up to the Town Meeting members to
vote on the subject. He stated that in the event there
was very decided opposition to acceptance, the Board
might not submit that particular street to the Town
Meeting. j
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Mrs. John C. Kehoe, 100 Bertwell Road said that
she is in favor of acceptance.
Mr. J. M. Denison said that he was speaking for
his mother and she is in favor of having the street
accepted.
The Chairman asked if there were any ethers
present who wished to speak in favor or pppositien to
the acceptance of Bertwell Road and there were none.
Mr: W. L. Peabody, 64 Locust Avenue, referred. to
the acceptance of Buckman Drive and asked if the street
was to be constructed as a result of a petition filed
or if it is the Selectmen's idea.
The Chairman stated that the Selectmen very seldom
present a street for acceptance upon their own initiative.
He explained that Buckman Drive has been a second-class
street and will be constructed as a first-class street
and is being done upon petition from the abutters. He
asked if Mr. Peabody was in favor of acceptance and he
replied in the affirmative.
Mr. Peabody inquired about installation of sewer
and the Chairman informed him that the sewer would have
to be initiated by the abutters.
Mr. Peabody said that the people would like to
have the street accepted and sewer installed.
The Chairman explained that the original petition,
as he recalled, was for acceptance on1y and the abutters
did not want_the sewer,
Mr. A. E. Oliva asked just what would be done on
the street.
Mr. Higgins, Assistant Town Engineer, explained
that the base has been put down and a 2" top has been
put on and also the drainage is in. The town will put
on a 2" surface and fill in any depressions so that there
will be a 4" wearing surface which will bring the street
up to specifications. He stated that no sidewalks will
be constructed.
Mr. Couette asked if it would be blacktop and the
Chairman replied in the affirmative.
Mr. Couette asked if the shoulders would be re-
dressed and the Chairman replied that they would be
loamed and seeded.
Mr. Couette said he understood that the estimates
that have been made are the long estimates.
The Chairman said that they are maximum and the
actual assessment may be less, depending on the cost of
construction, but in no instance would the assessment be
greater than the estimate.
Mr. Lanpher, 7 Buckman Drive, asked about his assess-
ment and the Chairman told him that the estimate is
$353.50 and it could be apportioned over a period of
ten years.
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Mr. Oliva asked when construction would start
and the Chairman replied that Town Meeting will vote
on the acceptance in March and if voted favorably the
work will be put out on bids. Soon after that the
work is started. He said that he assumed construction
would be completed by October first.
Mr. Peabody asked if the cost to the abutters is
the actual cost to the town and the Chairman replied
in the affirmative.
Mr. Lanpher asked if the assessment would be in-
creased and the Chairman replied that he could not
speak for the Board of Assessors, but he was fairly
sure that there would be nd change in the assessment
at this time. He explained that the 1953 assessment
is based on no sewer and an unaccepted street.
Mr. Thomas G. Gallar, 61 Buckman Drive, asked
what percentage of signatures is required for accep-
tance
cce -
tance and the Chairman said that usually it is 65%.
Mr. Gallagher asked if there was 65% and if they
are obtainable. The Chairman said that Mr. Burns,
Supt. of Public Works, is ill and unable to be present
this evening but he probably had the list of signatures.
Mr. Gallagher asked what it would cost to build a
street such as Buckman Drive is now.
Mr. Higgins replied that it would be between $12
and $15 a foot; most of the work has been done; there
is 12"' of gravel, drainage, and 2" of surface there now.
The Chairman asked if Mr• Gallagher was in favor
and he replied that he has three lots and is opposed.
Mr. Lanpher said that he would not object if the
other neighbors want the street accepted.
Mr. Oliva said that he is in favor if the sewer
is put in.
The Chairman said that the sewer will not be in-
stalled.
Mr. Felix Conti, 47 Buokman Drive, said whoever
made the statement that no sewer was wanted misrep-
resented the facts. The petition was just for the
street, but the man who presented it had no right to
make the statement that the people only wanted the
street.
The Chairman said he thought Mr. Conti would find
that more people are in favor of the street than there
are who want the sewer. He asked if Mr. Conti was in
favor of having the street accepted and he replied in
the affirmative.
No other persons wishing to be heard, the Chairman
took up Dawes Road.
Mr. Albert J. Moll, 25 Dawes Road, said that he
had no comment to make as being in favor or oppssed.
The Chairman asked if any other person wished to
speak or in opposition to the acceptance of Dawes Road,
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and no one spoke.
Mr. Gallagher asked if there would be any ad-
ditional cost for Lantern Lana and the Chairman replied
that there would not.
Mr. Robert Marsh, 32 Williams Road, asked if there
were estimates available of the cost of improvements.
Mr. Higgins replied that the estimate is $7.50 a
foot or $15 a linear foot for the street construetion
and drainage. He explained that the estimates are maxi-
mum and if the job boats less, the assessments will be
less.
The Chairman said that if the job is less than estim-
ated, the assessments will be less, but in any event no
ene will have to pay more than the amount signed for.
Mr. Marsh said that he is in favor of having the
street accepted.
Mr. Joseph M. Picardi said that he owns land on
Oak Street, and would like to know where Oak Terrace is
going.
Mr. Higgins explained the proposed location by use
of a plan and Mr. Picardi said that be was in favor of
Acceptance.
*he hearings were declared closed and the meeting
adjourned at 8:30 P. M.
A true record, Attest:
Clerk, Bel tmen