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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; 254 Co a 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. L 255 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 P 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- 256 Ommal C4 4 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. 257 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 258 C. 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 259 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. F 2G0 C.� 4+ 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, 261 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