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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. 4. 1 1 1 531 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 egg 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