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HomeMy WebLinkAbout1947-06-30 420 C siC SELECTMEN'S MEETING June 30, 1947 ' A. regular meeting of the Board of Selectmen was 1A.ald on Monday evening, June 30, 1947 at 7:30 P.M. in the Selectmen's Room, Town Office building. There were present Chairman Paxton, Messrs. Locke, Emery and Gay. The Clerk was also present. At 7:30 P.M. Mr. DeFoe, Sup't. of Public Works, Mr. Cosgrove, Town Engineer, Mr. Garrity, Sup't. of Parks and Playgrounds, Mr. Worthen, Chairman of the Planning Board, Mr. RobertS. Ryder and Mr. Joseph F. Kelley met with the Board for the Adjourned Board of Survey hearing, in reference to the approval of Sherburne Road. Mr. Ryder explained that the plans have been completed and he has signed two copies of the agreement provided by the Board of Survey. He said that he found out today that Mr. Kelley, $o was going to build a road, has taken a three or four million dollar job wit: , a time limit, the job to begin immediately. He does not feel that he owl andle the Sherburne Road job at the present time. Mr. Ryder said that if some arrangement could be made tonight Mr. Kelley is willing to build about 40 feet of the road now as he would like to start his house within two weeks. Mr. Kelley will begin immediately and instead of putting up a bond he is willing to put up a check for the estimated amount that the Town Engineers say this portion will cost. Mr. Ryder explained that the layout has been approved by the Engineers and the Planning Board. He said that if the agreement is signed and Mr. Kelley puts up a check to cover the portion he intends to build he felt there is no reason why this could not be done. The Chairman asked how long it would be before the entire road would be completed. Mr. Ryder said that he expected to get someone else , to go ahead. TheChairman explained that according to the agree- ment Mr. Ryder will have until Sept. 20, 1948, and asked if he expected to be able to complete the project by that date, taking into consideration the present difficulties. Mr. Ryder replied that thee is no question but that the project will be completed before that time. The Chairman asked if ther.corner of Sherburne and Winthrop Road, shown on the plan as belonging to /Joseph F. Kelley, is actually owned by Mr. Keileyi and Mr. Ryder replied in the affirmative. The Chairman said that the agreement would not bind Mr. Kelley's property but only that property in Mr. Ryder's name. Mr. Ryder sdid Mr. Kelley would not be bound by the agreement but it would benefit him. The Chairman 421 E - explained that if this agreement is a lien on the prppeety the Building Inspector will not grant the building permit until the agreement is completed. Mr. Ryder said that if Mr. Holley presents a certified check in place of a bond he thought he should be given a bui'ding permit. The Chairman asked Mr. Ryder if he had a bond with him this evening, and he replied in the negative. He said that he would have a bond for the rest of the street ; that is, with the exception of Mr. Kelley' s section. The Chairman said that the way Mr. Ryder wetted to handle it, was to do a small section and do it correctly under the Board of Survey. A plan showing only that portion to be built at this time should be approved, the rest to be approved at a later date. Mr. Ryder said that he didn't see why it should be necessary to have two sets of plans. The Chairman explained that his personal feeling was that Mr. Ryder should obtain a bond to cover the entire job and sign an agreement that it will be completed by September 20, 1948. He explained that Mr. Kelley wants to commence con- struction at once and if Mr. Ryder guarantees to build a street by September 20, 1948, he felt that the Board of Selectmen would request the Building Inspector to issue a permit to enable Mr. Kelley to build on the corner lot now. Mr. Ryder questioned the necessity of his putting up a bond fol- the total amount inasmuch as Mr. Kelley is willing to give the Town a certified check eovering the portion of the street which he will build. The Chairman of the Board replied that they would not require Mr. Kelley to provide a check and that the street is entirely Mr. Ryder' s responsibility. The Chairman asked the Sup't. of Public Works for his opinion on the matter and Mr. DeFoe replied that if the entire layout is not taken care of now another planshould be submitted. The Chairman explaieed that if only a portion of the layout was to be done a line should be put on this plan but unfortunately the approval is on the entire plan and not on a section. Mr. DeFoe stated that the approved plan must be filed at the Registry. Mr. DeFoe asked Mr. Ryder if he expeeted to do the entire layout and Mr. Rader replied in the affirmative. Mr. DeFoe Wald that personally he would prefer to do it as one project. The Chairman said that the only question is obtaining a bond and giving Mr. Kelley a permit. If these two requirements are satidfied the Board will approve the plan. Mr. Ryder said that he believed he could make arrangements within t en or fifteen days to build the rest of the street. He made the suggestion that the plan be approved with the exception of what Mr. Kelley is going to build and held until the bond and agreement 4221.3 rc is ready. The Chairman asked how long it would take to get the bond to cover this and Mr. Ryder said about ten days. The Chairman explained that there are two possibilities:-first, drawing two plans which will be approved by the Board of Survey, and Planning Board, have a new set of agreements and Mr. Kelley submit a check for the estimated amount of the construction which he contemplates doing. Board of The second possibility is to have Mr. Ryder make Survey arrangements for a total completion bond for the Hearing-Ryder entire job to be submitted to the Board and then the and Kelley- plans can be signed. He said that in the meantime Sherburne $d. possibly the Board of Selectmen could confer with the Building Iie ector relative to granting Mr. Kelley a building permit which would enable him to start construction without delay. Mr. Kelley explained that at the present time his working crew is between two jobs and two weeks from now will be too late. He said that he would be glad to be respo4sible for constructing up to a certain point. The Chairmen asked what the approximate cost would be to Mr. Kelley and Mr. gosgrove, the Town Engineer, said that it would be $2,700. Mr. Kelley said that this was much more than he had anticipated and he felt that he would withdraw his offer. Mr. Kelley retired at 8 :05 P.M. Mr. Worthen, Chairman of the Planning Board, explained that his Board had approved the plan only as it is now laid out. Mr. Ryder informed the Board tat he will have a bond within twenty-four hours for the layout. The Chairman asked how the Board felt about approving the layout. He explained to Mr. Lind- strom that Mr. Ryder is having a Board of Survey on the entire layout and is going to put up a bond guaranteeing to build his street within a certain time. He further explained that Mr. Kelley, owner of one of the lots, would like a permit to start construction on his house immediately. He asked Mr. Lindstrom if there is any reason why a permit should not be granted. Mr. Lindstrom replied that as long as the Board approves he would be willing to issue a permit. The Chairman explaiaed that as soon as the bond is submitted, Mr. Kelley will be given his permit to build his house. He further stated that the Board is willing to approve the layout but cannot sign it until the bond and agreement ars completed. Mr. Ryder said that he would take the agreement this evening and have the bond included and present it for the Board's signatures. Upon motion of Mr. gay, seconded by Mr. Emery, it was voted I 423 to approve a "Plan of Lots owned by Lexington Estates Trust, Lexington, Mass. Scale bins 40 feet, May 21, 1947, Albert A. Miller and Wilbur C. Nylander, Civil Engineers and Surveyors, Lexington, Mass.", subject to the sub- mission of the proper bond. Mr. Ryder and Mr. Lindstrom retired at 9:00 P.M. Mr. DeFoe said that he would like the Town Engineer to explain Mr. Bowser's assessment for the donstruction of Grant Street. Mr. Cosgrove stated that Mr. Bowser has built 1,477 feet of pavement, 560 feet of which was in front of the Carison's property, therefore, Mr. Bowser should be credited with 560 feet. Mr. Cosgrove stated that Mr. Bowser has a frontage on East Street which is accepted so that he should receive credit for 130 feet, making a total of 690 feet. He stated that to complete the construction of Grant Street as far as the Bowser Bowser property is concerned requires 350 feet of pavement to Assessm't be constructed in front of Bowser's. , ttlLy Mr. and Bowser has overpaid for a footage of 340 feet. The Abatem't Chairman stated that when the assessments were first determined the Town Counsel ruled that Mr. Bowser should be included but the Board did not think that he would ' be charged with an assessment equal to the estissted cost of putting in the pavement. The Chairman said that when the Selectmen* received the request for anabatement of 15,0006 they of whether the assessment is $15,000 or $1,000 the town will not lose anything by it. The Chairman said he understood that. Mr. Cosgrove said that if the entire length of Grant Street were to be con- structed now it would cost about $41,000 and he said it was his understanding to include the $15,000 and then have it abated. The Chairman said that the cost of building Grant Street was estimated at $26,000. , 000. , of thich Bowser had so many hundred feet, and that Town Counsel has ruled that Mr. Bowser and Mr. Carlson cannot be assessed for road already built in front of their property. The Chairman said that he thought the Engineers should take the total $26,000 and divide it tmto the assessable frontage and then get a cost per front foot and submit a sheet showing com- parative assessments based on that method as against what the Engineers have previously determined. The group retired at 9:20 P.M. and Mr. Converse Hill met with the. Board. The Chairman explained that he had taped with Mr. Hill the other day and invited Mr. Hill to meet Insurance with the Board but that Mr. Hill does not think that Sehedule too much can be done on the determination of a rate beoaim connections between the schools and the Central * wondered how it happened. Mr. Cosgrove stated that 424 a Fire Station have not been made. Mr. Hill presented a sheet showing recommended amounts for each building owned by the town. Mr. Hill informed the Board that he believed the old fire station on Merriam Street should be taken out of the insurance schedule. The Chairman said that he felt the amount of $20,000 for the East Lexington Library was too low. Mr. Hill agreed and it was decided to change the amount from 520,000 to 130,000. It was also decided to take out the amount of 12,000 covering the old fire station on Merriam Street and to include $120,000 for the new fire station on Bedford Street. Mr. Hill Said that as soon as these recommended amountsare agreed upon by the. Boayd all the agents can be notified to hold their polices subject to the new schedule and that forms will be prepared and sent to them later. The Chairman asked if there was anything else the Board could do and Mr. Hill asked how the insurance is to be divided. The Chairman replied that some policies will Insurance have to be increased because of the additions that have (eon't) been made. Mr. Hill suggested that he make up some memo- ramdum sheets to send to the agents because they will want to know how to cover until the new rate comes out. He said that he would compose a letter. The Chairman asked if this could be straightened out by July 15th and Mr. Hill replied that it would not be possible inasmuch as the fire station will not be ready by that date. He said that the town could bind all insurance subject to the new form effective July 15th. The Chairman said that he would have the Sup't. of Public Works contact Mr. Hill relative to sending out the corredt notice. Mr. Hill asked the Board what coverage, if any, is to be placed on the old fire station on Merriam Street. It was decided to write a polie* for one year in the amount of 106,000. Axel D. Mr. Hill retired and Mr. Axel D Wilson met with the Wilson Board. Mr. Wilson made an offer of *100 for Lot 77 Marrett Road last year but at that time the Board preferred not to sell this particular piece of property. Mr. Wilson stated that this lot cannot be built upon and he is anxious to own it as it will give him a right of way and an access to property which he owns in this area. The Chairman suggested that the Board of Selectmen be given an opportunity to look at this parcdl of land and make some decision at the next meeting. Mr. Wilson retired and Mr. J. MacDonald of the Boston Edison Co. met with the Board. Boston Mr. MacDonald stated that he was present this evening Edison re relative to the transmission line which is contemplated Transmiss- in Lexington. He explained that the petition presented by ionJ the Boston Edis"n Company is strictly preliminary. The Line portion referred' to in the petition is located in Lexington Jbut 9nwed by the City of Cambridge. He said that Cambridge 425 has authorized the transmission line but the approval of the Town of Lexington must also be obtained. Mr. MacDonald also stated that after that the Department of Public Util- ities must also approve it. He explained that there are crossings which do not come up in this petition but which will come up at a later date. The Company needs the approval of the Town of Lexington before they contact the City of Waltham and the Department of Public Utilities. He said that on this lot the likes will go on wooden poles and not on steel towers. The Chairman asked if thede wires were to be underground and Mr. MacDonald replied that they are asking for over-head. The Chairman asked if the Town could request underground and Mr. MacDonald replied in the affirmative. He said that Mr. Wood, the Vice President, would be willing to go over the proposed route with any interested party. The Chairman asked how soon the Boston Edison Company would like the Board' s decision. Mr. MacDonald stated that he assumes- the Selectmen meet every two weeks and they would like very much to have some decision made at the next meeting of the Board. The Chairman said that the members of the Board would undoubtedly have an opportunity to study this project in the next few weeks and either approve or disapprove at the next meeting. Mr. MacDonald stated that at the present time approval of the petition does not commit the community in any sense. The Chairman asked when they intended to commence the project and Mr. MacDonald replied that it would be extended from Woburn to Framingham and they hoped to complete it in 1948. Mr. Locke asked if the hoston Edison Company would come in at a later date for further approval and Mr. MacDonald replied in the affirmative. Mr. Locke asked if they would need the approval of the Board of Selectmen for the general layout. Mr. MacDonald said, that to the beet- of his knowledge, he thought it would not be necessary. He explained that the Edison Company merely comes to the towns for permission to cross streets. He retired at 9:25 P.M. The Chairman Bead a letter from the Town Counsel advising that Mr. Cook of the Boston Edison Company had been to his office and left a copy of the petition. Mr. Lynch said that he examined the pertinent statutes and the form of petition is entirely satisfactory. It was decided to have Mr. Garrity and Mr. DeFoe make an appointment go go over the route of the proposed trans- mission line and submit a report to the Board for the next meeting. Mr. Locke said that if this preseflt.petttion does not cover the street crossings it would appear to him that the Board of Selectmen has no choice in the matter and very little at stake. 426 Mr. Carroll The Chairman read a letter from Mr. Carroll requesting requests a transfer of $230 to the Town Clerk' s personal services transfer to account which will enable him to emplpy an extra clerk Personal for a period of ten weeks. Mr. Carroll met with the Board Services relative to his request. The Chairman informed him that the Board of Selectmen is agreeable to the transfer if the Appropriation Committee will approve it. The Chairman read a letter from Mr. Spencer, Clerk Mr. Spencer of the Board of Assessors, stating thatthere is a bddance requests of $290.00 left in the $1,000 appfsopriation which was use of voted for speoial assessor's work. Mr. Spencer said he funds would like to use a portion of this money to pay an extra clerk for three weeks. The Chairman explained that this $1,000 was set up and clearly understood that it was to be used for expenses and not salaries. Mr. DeFoe Mr. Lindstrom returned to the meeting. Mr. DeFoe Re clerk informed the Board that he is hiring a Mrs. Browne; who for Board lives in Lexington. She will work for the Building and of Appeals Plumbing Department for $33.90 a week and said that she. would also take care of the Board of Appeals work. How- ever she went to one Board of Appeals meeting and has in- formed him that she will not act as clerk for that depart- ment. He stated that he had interviewed another applicant who will do the three jobs for $33 .00 a week and also an applicant who will do Mr. Garrity' s work and the Board of Appeals for $30.00 a week. However, Mr. Garrity feels that his girl should devote her entire time to his department. Mr. Locke said that he thought the Board of Appeals should be handled in the Building Department. The Chairman said that as he understand the situation there doesn't appear to be any problem. One girl is willing to work in the Park Department for $30.00 a week, and another girl is willing to work in the Build- ing and Plumbing Department and act as clerk of the Board of Appeals for $33 .00 a week. He said that both offices come under $he Supt. of Public Works. The Board felt that inasmuch as Mrs. Browne as expressly hired for the Building and Plumbing and Board of Appeals work and is not satisfied and has failed to co-operate, that her services should be terminated. Mr. Garrity and Mr. Lindstrom retired. Approve ap- Mr. DeFoe informed the Board that the inspector pointment for the Manor Sewer job claims that it is impossible of inspector for him to keep his records and it appears that it will of Manor be necessary to employ an additional inspector. Mr. Sewer Job. Locke moved that the Sup't. of Public Works be authorized to employ an additional inspector for the Manor Sewer L 4217 jgb.for approximately three months. Mr. Gay seconded the motion, and it was so voted. Mr. DeFoe informed the Board that he has studied the drainage situation at the rear of Johnson's Garage of Bedford Street and it appears to him that there are Drainage on two ways to handle this. One way is to come from the Bedford St. culvert and follow along the railroad property at an approximate cost of 0,500. The other way is to pipe the brook in its presentppsition which will cost ap- proximately $2,800. The Chairman asked Mr. DeFoe to have the engineers make up a small tracing and submit it to the Board at the next meeting. Mr. DeFoe stated that he has an insurance policy in the amount of $15,000 expiring on July 16th, through Insurance the office of Ralph Marshall. Mr. Locke moved that the Renewal policy be renewed through the office of John F. MacNeil and added to the poltiy which he now holds in the amount of $32,835. Mr. Day seconded the motion, and it was so voted. Mr. DeFoe submitted a proposed list of bidders for Last of the new street and water main construction. It was de- Bidders for oided to include the firm of DiMarco & Ciccione as #7 street Con- on the list and to eliminate Rotundi. Mr. DeFoe asked struction if the bids would be open at a public opening and the Board felt that they should be. The Chairman said that the streets listed for the bids would be all those with the exception of Grant, Rhodes and Lockewood. Mr. Emery asked when the bids were to be submitted and Mr. DeFoe replied that a stencil must be made of the streets, letters of invitation written to the bidders, and it might be possible to have them in two weeks. The Chairman asked Mr. DeYthe if he would have the bids ready in three weeks and he replied that he thought July 28th would give them ample time. It was decided to have the bids opened at a public meeting on July 28th. The Chairman read a letter from Mr. Wrightington Driveway to calling the Board's attention to the fact that gravel Munroe Statti is needed at the entrance to the southeast driveway to needs the Munroe Station. The Chairman asked if the Board gravel wished to have a load of gravel dumped on this driveway and the Clerk was instructed to request Mr. DeFoe to take care of it as soon as possible. The Chairman read a letter from Francis C. Nelson, 8 Sherburne Road, pertaining to surface water. Mr. DeFoe said that Mr. Davis had called him and discussed this 428 matter over the telephone. The Chairman asked if Mr. DeFoe p Surface *lsaid he thought there was such a plan. The Chairman Water on suggested that the Sup't. of Public Works check with Sherburne the Engineers to determine whether or not there is Road an easement as mentioned by Mr. Davis. If there is an easement and it was turned over to the town the Board would then advise Mr. Nelson that the residents of Sherburne Road would have permission to construct a drain through the easement at their own expense. The Chairman read a letter from Francis W. Marks, 53 - Claim for State Street, Boston, Attorney for John F. Cranston. Mr. Restoration Marks stated that pursuant to an agreement entered into of Property between the Town of Lexington and Mr. Cranston in l9421 by John F. t$e Selectmen are hereby notified that the premises are Granston to be restored to their previous condition. The Chairman informed the Board that this agreement was entered into at the time an stir raid warning tower was erected. Mr. *a, Locke aaked the Chairm p f he knew what Mr. Crenstbn, would like to have the operty restored to its orignnal condition. The Chairman suggested that the up't. of Public Works and Wallace Weisinger contact Mr. Cranston to determine exactly what he wants and how much it may cost. Summit Road Mr. Emery asked Mr. DeFoe if he has gone over the Dead End actual terrain in connection with the dead end on Summit bonnection Road. Mr. DeFoe replied in the negative. Mr. Emery stated that it has been suggested that connection be made at the end of Buckman Drive and Moreland Avenue. He said that in talking with Deputy Chief Cook itis the Moreland Avenue section that has no pressure. Mr. DeFoe retired. Grant request The Chairman read a letter from the Arlington Gas to Arlington Company requesting permission to locate a 6" gas main Gas Co. for on Simonds Road to supply gas to three new houses now new mains under construction. Mr. Emery moved that the request be granted. Mr. Gay seconded the motion, and it was so voted. Offer for A letter was received from Edwin John Lee, Milfford land on Avenue, Natick, Mass. , Offering $60,00 for a parcel of Bedford land southwesterly from Bedford Street and about 300 feet Road southeasterly from Hinnhey Road. It was decided not to take any action on the offer until some decision has been made relative to the transmission line proposed by the Boston Edison Co. *1 found any plan that showed a drain easement and Mr. DeFoe *2 and he replied that as far as he knew Mr. Cfanston would like 429 The Chairman read a letter from the Appropriation Letter from Committee informing the Board that the Committee Appro. Comm unanimously voted to disapprove the transfer of money ge sai4ry with reference to salary increases for Miss Ready and increases Miss Thompson. The reasons given were the fact that the Committee feels there are no inequalities nor any emergency. The Chairman read a letter from the Town counsel Repairing at regarding the right of the town to regair the fence fence on along the left side of Hancock Street just beyond Adams Hancock St. Street. Mr. Lynch stated that it was his opinion that the town not only has a right but a duty to maintain the fence in good condition. An application was received from the Lexington Choral Use of Hal] Society for permission to conduct .0—eentiebt- a concert in of Choral Cary Hall on October 17th. Mr. Emery moved that the use Society of the hall be granted subject a charge of X3O. Mr. Gay seconded the motion, and it was so voted. An application was received from the American Legion Use of Hall Auxiliary for permission to conduct a fair in Cary Hall to A. L. on October 18th. Mr. Locke moved that the use of the Aux. hA11 be granted free of charge . Mr. Gay seconded the metiOnq and it was so voted. An application was received from the V. F. W. for Use of Hall permission to use Estabrook Hall and 'onferenee Room on to V.F,W. July 7th for a meeting. Mr. Locke moved that the use of the hall be granted free of charge. Mr. Gay seconded the motion, and it was so voted. Upon motion of Mr. Locke, seconded by Mr. Emery, it Licenses was voted to grant the following licenses: William Viano 1794 Mass. Avenue Sunday Movies Anthony DePaolo 1704 Mass. Avenue Sunday Bowling (Mr. DePaolo cannot find his original license) Mark L. flood The Chairman informed the Board that flowers had Approve been sent to Mr. Seaman for his 80th birthday. The Flowers for Board was unanimously in favor of the Chairman's action Mr. Soamman and approved payment from the Unclassified account. 430 Request The C3erk was instructed to invite the Appropriation Appro. Comm. Committee to meet with the Board of Selectmen at their next to meet meeting to discuss the possibility of providing funds with Board to pay a Veteran's Agent and also to discuss salary increases for Miss Thompson and Miss Ready. The Chairman said that many inquiries have been Notice of received relative to the old fire station on Merriam Street disposition and he asked if any member of the Board had any ideas as of old Fire to just exactly what is to be done with the building. Station. Mr. Gay suggested that the Board insert a notice in the Minute-Man informing the public that the Board of Select- men is taking no action at the present time Inasmuch as Town Meeting should vote upon the disposition of the building. The Chairman said that he had talked to Deputy Chief Ooot7who informed him that the boiler is in very bad condition, and the Chairman asked Deputy Chief Cook to write to the Board giving them a report of the condition of the building. The meeting adjourned at 11:40 P.M. A true copy, attest: 242/Cler .11)) ijf /IP I