HomeMy WebLinkAbout1946-05-06 497
SELECTMEN'S MEETING
11. May 6, 1946
A regular meeting of the Board of Selectmen was held
in the Selectmen' s Room, Town Office Building, on Monday
evening, May 6, 1946 at 7:30 P,M. Chairman Potter, Messrs.
Locke, Rowse, Sarano and Paxton were present. The Clerk
was also present.
At 7:30 PuM. Mr. DeFoe and Mr. C. L. Haskell of the
Mutual Studios of Nashua, New Hampshire appeared before
the Board.
Mr. Haskell is very much interested in flameproofing Flame-
the draperies in the Cary Memorial Building. Mr. DeFoe proofing
explained that the linings on about 3/4 of the curtains Curtains
are in a very bad condition, and it might be more Cary Bldg
economical to purchase new curtains.
Mr. Haskell said that he has found similar situations
in various Towns, and Lamy instances the linings have
been removed and the curtains are them treated.
The Chairman said that he believed the proper procedure
would be to obtain prices on the work and also to determine
whether or not the present draperies are to be dyed of Held Over
replaced. He said that he would let Mr. Haskell know/what
decision the Board arrived.
Mr. Haskell retired at 7:40 p.m. , and Mr. W. S.
Couette appeared before the Board.
Mr. Couette said that he had the document, as required Follen
by tkze Town in connection with the Follen Hill Develop- Hill
meat, signed and took it to a reputable bonding company Devol'mt
which refused to write the bond. Mr. Couette stated that
under the Town requirements there is a penal Clause which
would make it possible that for any breach whatsoever even Request
if 95 per cent of the work had been completed, the Town for
could call upon the bonding company or the Towers for the Acceptance
sub of $10,000. He said that in the first Tower Develop- Of Surety
meat a Surety Bond in the amount of $1,000 was accepted. Bond In-
Mr. Couette said that the Towers wanted to go ahead and stead
develop, but if the Town insists on this type of bond, it $10,000
will be impossible for them to do so. Penal
Mr. Couette said that the bonding company had Clause
suggested that the bond be a straight performance bond
similar to the one written in connection with the new
Central Fire Station,
The Chairman asked if Mr. Couette objected to the
amount Cr to the form of bond.
Mr. Couette replied that it was the form. He said,
however, that the amount did seem excessive.
Mr. Rowse asked if all Mr. Couette wanted at present
was to have the agreement so worded that the work could be
done .
Mr. Couette replied in the affirmative.
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Messrs. DeFoe, Couette and Paxto retired to
telephone the Town Counsel and ask hi advice relative IIto the Board of Survey bond.
Tropeano At 8:00 p.m. hearing was declared open upon the
Gasoline application of Joseph A. Tropeano, 17 Iarohmont Lane,
Hearing Lexington, for permission to install one underground
500 Gals. tank for the storage of 500 gallons of gasoline to be
used in connection with his farm.
No persons appeared in favor or in opposition.
Mr. Locke moved that the application be approved,
subject to the approval of the Board of Fire Engineers.
Mr. Sarano seconded the motion, and it was so voted.
The Chairman read a letter from the Town Clerk to
which was attached a copy of the resignation of Mr. William
A Cann, effective immddiately.
Mr. Rowse suggested that Mr. Cann be requested to
give the Board a month's notice. The matter of filling
Resignation the vacancy was considered at length, and Mr. Saran
Building suggested that Mr. Cann be offered $3 ,000 a year, plus
Inspector $100 additional for his ear.
Mr. Locke felt that the Board would have to go
along with Mr. Cann temporarily at least.
It was finally decided to have the Chairman contact
Mr. Cann and also to ask Mr. Charles Ferguson if he IIwould take the job for a few weeks.
Mr. Wrightington's letter of April 29, 1946 relative
to Lot 33, Crescent Road, was held over from the last
meeting.
The Chairman explained that this particular lot was
Lot 33 originally part of the Hatch Farm which was sold to the
Crescent Lexington Homes, Inc. When the Lexington Homes, Inc.
Road submitted a map to the Board of Assessors showing these
No. Abatem't lots, Lot 33 was shown, but they did not own it. It was
Assessment assessed to Lexington Homes, Inc. , but should have been
assessed to Mrs. Hatch.
The Chairman explained that the lot is served by a
water Main but the hydrant is on the line between Lots 33
and 34. Inasmuch as the lot is served, it cannot be abated.
Cannot The Chairman read a notice from the Commonwealth of
Employ Massachusetts relative to Chapter 55 of the Acts of 1946
Retired which amends Chapter 16 of the Acts of 1942 by providing
Persons that the latter act shall remain in effect only until the
After first day of June, 1946. Reemployment of persons after
June, 1946 retirement under the provisions of Chapter 16 shall not
extend beyond June 1, 1946. There is a maximum penal$y
of $1,000 for violating or neglecting to comply with this
chapter. This section applies to Mr. John L. Murray
II
employed by the Town as a janitor.
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The Clerk was instructed to so advise the Supt. of
Public Works.
Application was received from G. Rotondi & Sons, Tentative
199 Laurel, Street, Melrose, for permission to store use Rotondi
1,000 gallons of gasoline at the junction of Marrett & Serfs
Road and Route 2A. This gasoline is to be used in Gasoline
connection with the new Massachusetts State Highway. Hrng.
Mr. Sarano moved that the application be New State
tentatively approved, Subject to a hearing as Highway
requited by law. Mr. Rowse seconded the motion, and
it was so voted.
The Board gave further consideration to Mr. Charles
R. Neskey's offer of $250 for Lot 85, Marrett Road,
Lexington. Mr. Neskey was the former owner of this lot. Sell
Mr. Rowse moved that the offer be accepted, and Neskey
that Lot 85, Marrett Road, Lexington, be sold and Lot 85
conveyed to Mr. Charles Neskey. Mr. Locke seconded Marrett
the motion, and it was so voted. Road
The Board gave further consideration to Mrs.
George H. Doughty's offer of $300 for Lots 366 and 367, Sell Lots
Taft Avenue, Lexington. A proposal to sell these 366 & 367
lots was advertised in the May 2, 1946 issue of the Taft Ave.
Lexington Minute-Man. No persons contacted the to Doughty
Selectmen's Office as a result of the advertisement.
Mr. Rowse moved that the offer be accepted, and
that Lots 366 and 367, Taft Avenue, be sold and
conveyed to Mrs. Doughty. Mr. Sarano seconded the
motion, and it was so voted.
The Board gave further consideration to Mr. Carl E.
Lannquist' s offer of $250 for Lot 114, Cary Avenue,
Lexington. H proposal to sell this lot was advertised Sell Lot
in the May 2, 1946 issue of the Lexington Minute-Man 114 Cary
No persons contacted the Selectmen's Office as a result Avenue
of the advertisement. to Lann-
Mr. Rowse moved that the offer be accepted, and quilt
that Lot 114, Cary Avenue, be sold and conveyed to
Mr. Lannquist. Mr. Locke seconded the motion, and it
was so voted.
Mr. Joseph A. Beleastro's offer of $300 for Lot 81
Marrett Road, was held over from the last meeting df Adv. Lot 81
the Board. Marrett Rd.
Mr. Rowse moved that a proposal to sell the lot
be advertised in the Lexington Minute-Man, and that
further consideration be given the offer at the next
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meeting of the Board. Mr. Locke seconded the motion,
and it was so voted.
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Mr. Roy Wood's offer of $200 for Lots 160-189 inc.
Offer for on Webb and Young Streets was held over.
Lots 160- The Chairman stated that these lots contain almost
189 Webb & 200 acres, and the Committee on Tax Title Property is of
Young Sts. the opinion that the Town should receive at least $200.
Mr. Rowse moved that Mr. Wood be advised that the
Board of Selectmen would entertain an offer of $200 for
these particular lots. Mr. Locke seconded the motion, and
it was so voted.
Mr. Paxton and Mr. DeFoe returned to the meeting at
Wright 8:23 P.M.
Car Mr. DeFoe reported that he had a conversation with
Accident Mr. William Wright, 26 Butler Avenue, Lexington, whose car
was damaged when the Town Truck skidded into it. Mr. Wright
wants the Town to pay the entire cost of repairs which is
approximately $170.
Mr. Rowse asked if Mr. DeFoe recommended paying the
bill, and he replied in the affirmative.
Mr. Locke moved that the bill be paid and charged
to the Snow Removal Account. Mr. Rowse seconded the
motion, and it was so voted.
Mr. DeFoe informed the Board that he had received four
Bids on bids on hydrants and valves.
Hydrants Upon motion of Mr. Rowse, seconded by Mr. Saran, it
& Valves was voted to accept the bid of the Mueller Company to
furnish the hydrants and valves necessary for the Lockwood
Tower Development and the Barrymeade Farm Development.
It was further voted to accept the bid of Neptune
Meter Company to furnish the Town with watermmeters.
Boiler Mr. DeFoe reported that the boiler insurance in the
Ins. Held amount of $25 ,000 would expire on June 17, 1946.
Over It was decided to hold this matter over for another
week.
The Chairman informed the Board that he had talked to
Mr. larindle, Supt. of Schools relative to the request received
Use of Hall from Norman W. Schuler representing the Youth Canteen for the
Youth use of Cary Memorial Hall for a dance.
Canteen Mr. Grindle agreed that this activity should be held
in the school gyynasium.
The Chairman further stated that he had received a
telephone call from Stanley Tebbetts who explained that
this is not a school project, but is to provide recreation
for the youth of Lexington. The advisors are Daniel A.
Lynch, a lawyer, Carl Terhune, a reporter, and three teachers,
Alan Slocombe; Miss P. Fencer and Miss McIntyre.
Mr. Paxton moved that the use of the hall be granted
free of charge. Mr. Rowse seconded the motion, and it was
so voted.
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Application was received from the Softball League
requesting the use of the Conference Room on May 7, 1946 from
8:00 p.m. to 10:00 p.m. for a meeting.
Mr. Rowse moved that the use of the hall be granted Softball
free of charge. Mr. Paxton seconded the motion, and League
it was so voted. Use
At 8:40 p.m. hearing was declared open upon the Room
petition of George W. & Helen Barry Sarano for the
approval of the Board of Survey of a plan of Barrymeade Drive.
Mr. Worthen, Chairman of the Planning Board, was
present at the hearing. Board of
Notice of the hearing was read by the Chairman. Survey
Mr. Worthen asked how many lots there would be in Barrymeade
the development, and Mr. Sarano replied that there would be Drive
26.
Mr. Paxton states that the drainage should be inked
in in red to the proper location. He also said that the
street profile should be inked in in red and the percentages
shown properly.
The Board of Survey postponed signing the plan of the
layout of Barrymeade Drive until the petitioners had signed
a contract and obtained a performance bond.
At 9:05 p.m. Messrs. Lynch and Couette returned to the
meeting for further consideration of the Follen Hill Develop-
, ment.
Mr. Lynch said that Mr. Barnes had telephoned him today
and raised the question as to whether or not the company Follen
would write the bond, but he did not say that the company Hill
would not write it. It is copied from a similar bond Develop-
used by the Towers, but is more severe than a performance
bond.
Mr. Lynch stated that if 90 per cent of the work
contracted to do is completed, the Town could demand $10,000
on the basis of the bond. However, on a performance bond, the
surety company would have to complete the work.
Mr. Lynch said that he believed the Town would be
adequately protected on a performance bond, and that he would
be satisfied with a performance and lien bond if the Selectmen
approved.
Mr. Paxton said that back in 1940 the Board required the
subdivider to post ohly $1,000 bond and he could not sell the
lots until the streets were accepted.
Mr. Paxton explained that in this procedure there were
disadvantages both to the Town and to the subdivider. He said
that the Board met with a group of real estate agents and
subdividers and came to the conclusion that they wanted the
performance bond equal to the estimated cost of construction
and to include a time limit. The subdivider could then sell
lots as soon as the agreements were executed.
Mr. Couette said that he didn't intend to sell any lots
until the roads are completed.
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Mr. Paxton said that he believed the particular
type of bond and agreement used in connection with the
Lexington Country Club Estates is applicable to the
Tower Development.
Mr. Couette said that all they needed was a change
in the form of the bond.
Mr. Rowse suggested that Section 8 be taken out of the
agreement ; subject to the approval of the Town Counsel.
Mr. Couette said that he would have to have new agree-
ments prepared and signed and then presented to the
bonding company.
He asked if Mr. Lynch would take these agreements and
contact Mr. R. Tyler.
Mr. Lynch agreed to write up the performance bond.
Messrs. Worthen and Couette retired at 9:20 p.m.
The Chairman stated that Webster Thomas called on
Acquisition him one day last week and wanted to know if the Selectmen
. Land for would do something about acquiring the land at the rear of
School the high school, the Mulliken property; and the Lexington
Purposes Estates Trust.
Mr. Rowse asked if the Board is required to endeavor to
purchase the property, and Mr. Locke said he thought it would
be logical to have a refusal.
Mr. Lynch suggested that the Board contact the owners
and see it the property canoe purchased for the amount
appropriated. If the Iwners decline it, the Town then
takes it by Eminent Domain and assesses the damages. He
said that it would be good judgment to make an effort
to purchase the property.
The Clerk was instructed to prepare a copy of the
votes relative to the parcels of land desired by the
school committee and to forward them to Mr. Lynch.
North Leg. Mr. Lynch informed the Board that the Selectmen must
Sewer sign an order for the tonstruction of the North Lexington
Sewer and within thirty days after the order is signed, a
plan must be filed showing what easements, are to be taken.
He stated that Mr. DeFoe and Mr. Cosgrove are working on the
project at the present time, and he didn't think the vote
should be recorded until their work is completed.
A true record, Attest:
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