HomeMy WebLinkAbout1947-09-02SELECTMEN'S MEETING
September 2, 1947
A regular meeting of the Board of Selectmen was
held on Tuesday evening, September 2, 1947, in the Select-
men's Room, Town Office Building. There were, present
Messrs. Locke, Emery and Gay. The Clerk was also present.
In the absence of Mr. Paxton, Mr. Locke served as Chair-
man.
At 7:35 p.m. Mr. Robert L. Ryder met with the Board.
He stated that the clause in the Board of Survey agreement
which he signed with the Town, and which agreement gives
a lien on the land, has causdd him a great deal of
trouble and will cause him a lbt more if something isn't
done about it. He stated that he does not find in the
By-laws or statutes where the Board of Survey is given
the authority to include such a clause; and in the
second place it is going to make it impossible for any-
one to develop unless they are in a position to put up
all the cash. He said in his opinion this constitutes
an undue hardship. Mr. Ryder stated that about a week
ago he passed papers on the first lot which he sold and
the lawyer immediately raised the question, and the only
way the transaction went through was because of Mr. Ryder's
verbal agreement to attempt to have this clause changed,
eliminated, or have the bonding company amend the bond to
protect him, the grantee, or one to whom he might sell.
He said that he also agreed to put up al1,500 bond if he
was not able to obtain a change in the agreement. Mr. Ryder
asked the Board who advised them if the procedure followed
in these agreements was legal. The Chairman replied that
he knew the Town Counsel had viewed the contracts and he
knows this clause is part of the contract. Mr. Ryder
asked if it was done at the suggestion of the Town Counsel
and Mr. Locke replied that he could not remember. Mr.
Ryder stated that he does not believe that there is any
thing which'authorized the Board to require any more than
a surety bond. He stated that he has signed the agreement
and expects to live up to it. However, if the Board can
see it's way clear to eliminate this particular clause
he thought it would be beneficial. He said that he could
not understand why the Town would not be sufficiently pro-
tected by a surety bond. Mr. Ryder said that if the Board
refused to eliminate this clause his next alternative in
this particular instance would be to ask the Board to assent
to an amendment of the bond and the agreement. He said that
529
Robert L.
Ryder re:
Clasue in
Bd. of
Survey
Agreement
•
530
Sarano
Assessment
Claim of
McLaughlin
for damage
by blasting
he has already talked to the Bonding Company so that it
would cover any grantees of his in this particular tract,
which is about eight lots. He said that he believed the
bonding company is willing to go along but he cannot do
it without the Board's assent and also the assent of Mr.
Kelley. Uhe Chairman informed Mr. Ryder that the Select-
men would discuss the matter and he believed that they
would prefer to consult Mr. Paxton on the matter.
Mr. Ryder stated that he signed the agreement with
his eyes open and had an idea what it meant but' he had
signed it under pressure of time. Mr. Ryder retired at
7:45 p.m. and Mr. DeFoe met with the Board.
Mr. DeFoe informed the Board that he has the entire
assessment for the installation of the water main with
its relation to the Sarano property. He stated the
entire assessment it $1,227.65. The amount for 1946
is *547.65. The amount to be assessed for 1947 gill be
$680.
Mr. DeFoe informed the Board that he had talked with.
Mr. McLaughlin relative to his alleged claim for damages.
He said that he has made all inquiries possible about the
dynamiting and it appears that the protection was the
same as usual. He said that of course ledge varies and
at times there are weaker spots and apparently the
dynamite belw out at the side of the house at #50 Munroe
Road. He stated that the front door threshold must be
replaced; 12 wall shingles damaged, three of which must
be replaced; several impressions in the front door (the
door should be replaced); 2 side casings of the front
door which must be replaced; 2 asphalt roof shingles
which must bd replaced; 2 slight marks in the gutter
over the door; marks on the front stairs; 4 lights of
glass; 2 bricks on the front steps which must be taken
out. He said that Mr. McLaughlin is going to have the
necessary work done and will keep a record of the cost
which will be something under $100. Mr. DeFoe informed
the Board that Mr. McLaughlin is going to put in a
concrete drain which according to the plan he is not
required to do, and he believed he is entitled to damages.
The Chairman asked if there was anything more that could
be settled to -night on this claim. Mr. DeFoe replied
in the negative and said that he would bring tib to the
Board's attention at a later date.
Mr. DeFoe said that the J. F. White Contracting Co.
was the low bidder, and his base bid, not counting loam,
is *46,372.94. He said that the Wes Construction Co.
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base bid was $50,211.03. He said that there is
$47,900 available for these streets. Part of Spencer
Street was eliminated and that reduced the amount of
money available to *44,546. We have drainage of 27"
pipe which Mr. DeFoe said, in his opinion, is not fair to
assess against the people because as far as they are con-
cerned arl2" pipe is sfafficient. He stated that there
are 265' of pipe and the cost in the bid is $4.00 more
than the other pipe. He said he thought the Town should
absorb this charge and it could be charged to Highway
Maintenance - this amounts to $1,660. He said that if
the Town did that and would not put in the loam cost
it would be $44,312.94, which is about $200 below the
amount available. He said that if the Board wants to
put the loam in it will cost $4,700 more to loam all
areas -odtside the macadam to and including easement
slopes.
The Chairman asked if the loaming should be done Street
and Mr. DeFoe replied that if it isn't done there may Construct -
be some obejctions. Mr. Emery asked if in the original ion Bid
figures in making up the vote for the Town Meeting Awarded
loam was included. Mr. DeFoe replied in the affirmative,
and stated that he made an estimate on a running foot
basis. He said that they had no quantities to go by
and tried to make an estimate on a per foot basis. Mr.
Emery asked if the figure voted by Town Meeting included
the loam. Mr. DeFoe replied in the affirmative. Mr. Every
said then the bids are about $5,000 above the money appro-
priated. He asked how long bef®e Mr. White would commence
work. Mr. DeFoe said that just as soon as the contract
is signed. He said if the contract is awarded to -night
everything will be in order for the Board to sign next
Monday and Mr. White expects to begin work on Wednesday of
next week. Upon motion of Mr. Emery, seconded by Mr. Gay,
it was voted that the contract be awarded to the S. F.
White Contracting Co. subject to the approval of Mr. Paxton.
Mr. DeFoe informed the Board that he has received
a price from Robert Fawcett & Son Co:. Inc. for the same
type of coal which they have delivered to the Town in
the past. The price quoted is $12.41 a ton subject to Coal Bids
any increases or decreases, due to increases or dee- Awarded
reases in mine prices or freight rates. He also rec-
eived a bid from the Lexington Coal Uompany for the
same type of coal they had delivered to the town in
the past. The Drive quoted was $13.10 a ton, subject
532
to any changes, increases or decreases in mine prices
or freight rates. He also received a bid from Snyder
of $12.50 a ton. He said that Mr. Snyder informed him
that this was a firm prime. Upon motion of Mr. Gay,
Coal Bids seconded by Mr. Emery, it was voted that the contracts
Awarded be awarded as they have been in the past - Fawcett to
supply the coal for the Town Office and Cary Memorial"
Buildings and the Lexington Coal Co. to supply the coal
for the Public Works Building.
Mr. DeFoe retired at 8:35 p.m.
A letter was received from John D. Caldwell, 72
U. S. Stamp Hinchey Road, requesting permission to install coin
vending operated U. S. Postage Stamp vending machines adjacent
machines to the existing mail collecting boxes. The Clerk was
instructed to invite Mr. Caldwell to meet with the Board
next Monday night.
At 8:40 p.m. Mr. J. W. Greer met with the Board,
relative to the tract of land off '64estliew Street which
he is purchasing from the town. Mr. Greer said that
he must have streets and he wanted to know if he would
have to build the streets or'if the town would do it.
The Chairman asked Mr. Greer if he has met with the
Planning Board and Mr. Greer replied in the negative.
The Chairman said that it is his understanding that
when an area is opened up and streets are to be con-
structed for a residential area they have to be laid
out with the approval of the Planning 41oard and the
Town Engineer and then the Board of Selectmen act as a
Board of Survey passing upon the plans. He said that
the plans call for construction of streets in accordance
with town specifications, which is a finished paved
street of proper width. The Chairman, stated,however,
that he was not sure that this would apply to a manu-
facturing area. Mr. Greer said that he would contact
the planning Board and ask for an appointment to meet
with them. He retired at 9:00 P.M.
The Chairman read a letter from the Appropriation
Committee informing the Board that they had voted to
Transfer transfer $230 from the Reserve Fund to the Town Clerk's
Approved Personal Services Account and $1,500 from the Reserve
Fund':: to Interest on Debt Account.
A letter was received from the Appropriation
Committee informing the Board that it was a unanimous
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533
decision not to reconsider their previous vote Appro. Comm.
on the salary question in regards to the voted not to
personnel problem in the Town Office Building. reconsider
vote on
The Board gave further consideration to Salaries
Mrs. Arthur_ N. Lee's offer of $200 for Lots
18-19-20, Block 19 Ward Street, A proposal
to sell these lots was advertised in the Lex-
ington Minute -Man, on August 28, 1947. A letter Offer for
was received from Mrs. George Ryan, 68 Ward Street, lots on
offering $350 for these same lots plus Lots 36- Ward Street.
37 Earle Street. The Clerk informed the Board
that according to the Assessor's records the Town
does not own Lot 36, and Lot 37 is assessed for $50.
The Clerk was instructed to advise Mrs. Ryan that the
town does not own Lot #36 and to request her to submit
an offer for Lots 18-19-20 and a second offer for Lots
18-19-20 and also Lot 37.
A letter was received from the Chief of Police Police
relative to the recent breaks at the Adams and Parker Report
Schools. The Chief suggested that he meet with the re: Schools
Selectmen at their convenience. The Clerk was in-
structed tomake an appointment for the Chief of Police.
Upon motion of Mr. Every, seconded by Mr. Gay, it Sign Deeds
was voted to sign the deeds to Lots 649-654 Homestead
Street and 178-180 Arcola Street.
Upon motion of Mr. Emery, seconded by Mr. Gay, it Licenses
was voted to grant the following licenses:
William Viq.no 1794 Mass. Avenue Sunday Movies
Countryside Associated Lowell Street Sunday Golf
Bessie 0. Withrow 73 Waltham Street
(This building has been used as a rest home prior to
adoption of Zoning Law. It is not in a business area.)
The Chairman read a letter from Mr. Spencer, Clerk
of the Board of Assessors, relative to two offers received
by the Board for two typewriters now in the Assessor's
Department.
Mr. Emery moved that the Assessors be authorized to
sell the two machines to the H. M. Nichols & Co.
at their quoted pr&ces of $39 and *21. The meeting
adjourned at 9:30 P.M.
A true record, Attest: CC
Jerk, electmen.
0"
Authorize
sale of
Type-
writers