HomeMy WebLinkAbout1947-09-08534
SELECTMEN'S MEETING
September 8, 1947
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Balding
on Monday evening, September 8, 1947 at 7:30 p.m.
Messrs. Locke, Emery and Gay were present. The Clerk
was also present. Mr. Locke acted as Chairman pro -
tem.
At 7:30 hearing was declared open upon the petition
of the Boston Edison Company for locations for the
erection or construction of poles and such other futures
as may be necessary to sustain or prbtect the wires of
the line upon, along and across the following public
ways:
Massachusetts
Hunt Road one
Massachusetts
of Hunt Road,
Avenue, approximately 75 ft.
(1) pole.
Avenue, approximately 90 ft.
one (1) pole.
northwest of
southeast
Massachusetts Avenue, approximately 90 ft. southeast of
Slocum Road, one (1) pole.
Mr. DeFoe, Superintendent of Public Works, was
present at the hearing. No 'persons appeared in favor
or in opposition. The hearing was declared closed at
7:33 p.m.
Upon motion of Mr. Gay, seconded by Mr. Emery, it
was voted that the petition be approved and the order
signed.
At 7:34 p.m. hearing was declared open upon the
petition of the Boston Edison Company for locations for
the erection or construction of poles to be owned and
such other fixtures as may be necessary to sustain or
protect the wires of the line upon, along and across
the following public way:
Grove Street, southerly from a point approximately 1,000
feet south of Wihter Street, eight (8) poles - Guy
wire and anchor to first pole.
Mr. Paxton arrived at the meeting.
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Three persons were present at the hearing. Mr.
Cardillo, who owns property on Grove Street, said that
he was merely interested in the petition and he had
no objection. The hearing was declared closed at 7:35
and the group retired.
Upon motion of Mr. Emery, seconded by Mr. Gay} it
was voted that the petition be approved and the order
signed.
Mr. DeFoe said that he did not think Grant Street
would be constructed this fall and owing to the con-
dition of the street he thought the Town should do
something about filling in the holes.
The Chairman suggested that the soil be loosened,
levelled off with the roller and possibly scraped a
couple of times just prior to the front period.
Mr. Locke said that he would not recommend putting
any oil on.
It was decided to follow the Chairman's suggestion.
Mr. DeFoe presented a plan of the proposed layout
of Grove Street showing the taking of fifteen feet from
Mr. Murphy. He explained that the taking included five
trees for which Mr. Murphy is claiming damage.
The Chairman said that he thought this would be a question
of land damage and not for the trees alone.
Mr. DeFoe presented five copies of a contract
between the Town of Lexington and Charles L. Shea
for water construction,*?l. Emery`rii�iedthat the contract
be signed. Mr. Locke seconded the motion, and it was
so voted.
535
p.m.
Grant
Street
• Shea
Water
Contract
Signed
Mr. DeFoe said that the contractor for stteet con-
struction brought the contracts to him Friday night and
he in turn sent them to the Town Counsel who recommended
certain changes.
He telephoned the Town Counsel this evening. All
the statements designating the treasurer of the company
authorization to sign the bond appear to be correct.
However, the signature of the Clerk of the corporation
has not been affixed inasmuch as the Clerk is ill. A
clerk was elected pro -tem this evening and the Town
Counsel told Mr. DeFoe that he would need a statement to
the effect that a clerk has been elected pro -tem.
The Chairman asked if the contract should be held up
on the legal technicality.
*He explained that the contract has been apl;roved by
Town Counsel.
White
Street
construct-
ion
contract
signed
r--
5 3 6
536 GO
Upon motion of Mr. Emery, seonded by Mr. Locke, it was
voted to sign the contract between the Town of Lexington
and the J. F. White Contracting Co. for street construct-
ion; said contract to be retained by the Superintendent of
Public Works until approved by the Town Counsel.
Mr. DeFoe stated that he would like permission to
employ two inspectors, one for the water construction
and one for street construction. He that he has an
opportunity tomorrow to hire two second -year men at
North Easton University that will have to go back to
school in November.
The Chairman asked what they would do'and Mr. DeFon
replied that they will check the loads of gravel and
stone coming in and also cheek the drainage.
Mr. Emery asked if inspectors had been employed before
and Mr. Locke replied that this problem has not arisen
before.
Inspect- The Chairman said that he thought with an inspector on
ors each job, and Mr. Burns checking constantly, it would be.
all right.
Mr. DeFoe said that he would need approximately
$750 to pay two men $40 a week for about nine weeks.
Mr. Emery moved that the Superintendent of Public
Works be authorized to employ two inspectors at the rate
of $40 a week for nine weeks. Mr. Gay seconded the motion,
and it was so voted.
Letter was received from John G. Farnworth, 15 Dee
Road and Edward C. Erlandson,.Jr., 16 Dee Road requesting
the extension of the Manor Sewer Project to include Dee
Manor Road.
Sewer to Mr. DeFoe itsplained that this would take in the
Include properties between where the sewer was designed for
Dee Road and Gleason Road and he felt that it is expedient to
Include this section.
Upon motion of Mr. Emery, seconded by Mr. Gay, it was
voted to authorize the extension of the Manor Sewer
project on Dee Road for a distance of approximately
170 feet.
Rhodes
Street
At 8:26 p.m. hearing was declared open on the layout
of as a town way Rhodes Street from Massachusetts Avenue
easterly to Lockwood Road, a distance of approximately
264 feet. Mr. Higgins, assistant town engineer, and
seven other persons were present at the hearing.
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The Chairman explained that Lockwood Road and
Byron Avenue were accepted by the town at the last
annual town meeting and it did not seem logical to
enter two accepted ways through an unaccepted way.
Therefore, the Selectmen would present Rhodes Street
for aceeptence at the special town meeting this
month. He presented a plan and invited all present
to look at it and ask any questions.
The Chairman explained that if the street is
accepted at this town meeting, construction will not
be started until possibly April or May of 1948. He
also explained the general specifications. -
Mr. Goguen stated that all the residents on Rhodes
Street would like to have the name changed to Lock-
wood Road. The Chairman. agreed to see what could be
done to make the change.
The hearing was declared closed at 8:45 P.M. and
the group retired.
Upon motion of Mr. Locke, seconded by Mr. Gay, it
was voted to sign the order that Rhodes Street be laid
out and established as a public town way, in the following
form:
Middlesex, ss.
COMMONWEALTH OF MASSACHUSETTS
Lexington, Mass.
Sept. 8, 1947
Town of Lexington, Selectmen's Room.
At a meeting of the Board of Selectmen of the Town of
Lexington, after having given due written notice of the
intention of said Board, as required by law, tolay out as
a town way the way known as Rhodes Street, from Massachusetts
Avenue easterly to Lockwood Road, a distance of apparoximately
264 feet, all as hereinafter more fully appears, and after
public hearing thereon held on September 8, 1947;
Now, upon consideration of the matter, it is
ORDERED: that this Board of Selectmen is of the
opinion that public necessity and convenience require that
said Rhodes Street be laid out and established as a public
town way, and that the same hereby is laid out and estab-
lished as a public town way respectively as follows:
The northerly line of Rhodes Street begins at a point
in the northeasterly line of Massachusetts Avenue, said
point being southeasterly and distant 45.12 feet from the
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538
southeasterly terminus of a curve of 380.95 feet radius, thence
N 55° 11' E distant 71.60 feet to an angle point, thence
S 87° 50' 10" E distant 96.76 feet to an angle point,
thence S 42° 20' E distant 128.87 feet to a point.
The southerly line of Rhodes Street beings at a point
in the northeasterly line of Massachusetts Avenue's thence
N 55° 11' E distant 52.94 feet to an angle point, thence
S 87° 50' 10" E distant 66.61 feet to an angle point,
thence S 42° 20' E distant 112.10 feet to a point
The above described lines are parallel and distant
40.00 feet from each other.
Said Rhodes Street is hereby laid out and established
as shown on a plan entitled, "Plan of Rhodes St., Lex-
ington, Mass., Scale 1 in. = 40 ft., Aug. 20. 1947, John
T. Cosgrove, Town Engineer"., which plan is on file in
the Town Clerk's Office in the Town Office Building and
a copy of which will be recorded with Middlesex South
District Deeds with a copy of this Order.
And said Board having considered the question of
damages sustained by the owners of lands across and
through which said ways have been laid out and established
as aforesaid, hereby determines that no damages are sus-
tained and no damages are awarded, and said Board hereby
declares that all acts herein are done under the provisions
of law authorizing the assessment of betterments.
Board
Frederick M. Gay of
George W. Emery selectmen
William H. Driscoll
At 8:55 p.m. hearing was declared opeh on the layout
of as a town way Winter Street from a point approximately
400 feet northeasterly of Bedford Street thence north-
easterly.a distance of approximately 2,380 feet. Twenty-
eight persons were present at the hearing.
The Chairman explained that the plans for Winter
Street have been completed and the Selectmen, having
promised last winter, now intend to present Winter Street
for acceptance at the special town meeting this month.
He presented and explained a plan of the proposed layout
and invited all present to look at it and ask any ques-
tions.
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539
Mr. Sullivan questioned the fact that the town Winter
was taking some of his property and suggested that Street
the street be laid out with less curves. Hearing
The Chairman explained that this is a residential
street and should not be considered as a through way,
and a curved road may eliminate high speed traffic.
Mr. Sullivan asked if water mains would be installed
and the Chairman said that the town is interested at
this time in the street construction only but would make
certain that it will not be finished until the water main
is installed.
Mr. Sullivan asked if gasmains would be installed
and the Chairman replied that the town would cooperate
as much as possible and if the people arranged with the
gas company for service, the town would try to finish
the street after the gas main had been laid.
The Chairman explained that the estimated assess-
ments have been revised somewhat but that there were
not any substantial increases in the amounts.
The hearing was declared closed and the group
retired at 9:10 p.m.
Upon motion of Mr. Emery, seconded by'Mr. Gay, it
was voted to sign the order that Winter Street be laid
out and established as a public town way, in the follow-
ing form:
Middlesex, ss.
COMMONWEALTH OF MASSACHUSETTS
Lexington, Mass.
Sept. 8, 1947
Town of Lexington, Selectmen's Room.
At a meeting of the Board of Selectmen of the Tewn
of Lexington, after having given due writtlin notice of
the intention of said Board, as required by law, to lay
out as a town way the way known as Winter Street, from
a point approximately 400 feet northeasterly of Bedford
Street thence northeasterly a distance of approximately
2,380 feet, all as hereinafter more fully appears, and
after public hearing thereon held on September 8, 1947;
Now, upon consideration of the matter, it is
ORDERED: that this Board of Selectmen is of the
opinion that public necessity and convenience require
that said Winter Street be laid out and established as
a public town way, and that the same hereby is laid out
and established as a public :town way respectfively, as
f ollbws:
540
The northwesterly line of Winter Street begins at
a point, said point being about 360 feet northeasterly
of Bedford Street, thence bearing to the left with a
curve of 282.55 feet radius distant 59.47 feet to a
point of reverse curvature, thence bearing to the right
with a curve of 332.96 feet radius distant 191.19 feet
to a point of tangency, thence N 48° 46' 26" E distant
124.31 feet to a point^of curvature, thence bearing to
the right with a curve of 646.64 feet radius distant
142.58 feet to a point of tangency, thence N 61° 24'
26" E distant 187.95 feet to a point of curvature,
thence bearing to the right with a curve of 285.55 feet
radius distant 122.81 feet to a point of tangency,
thence N 86° 02' 56" E distant -`50.00 feet to a point
of curvature, thence bearing to the left with a curve
of 204.21 feet radius distant 253.11 feet to a point
of tangency, thence N 15° 01' 56" E distant 747.29 feet
to an angle point, thence N 42 47' 34" E distant
81.70 feet to an angle point, thence N 78° 07' 26"
feet to a point.
The southeasterly line of Winter Street begins
at a point, said point, being -about 360 feet north-
easterly of Bedford Street, thence bearing to the
left with a curve of 322.55 feet radius distant 67.88
feet to a.point of reverse curvature, thence bearing
to the right with a curve of 292.96 feet radius distant
168.22 feet to a point of tangecny, thence N 48° 46' 26"
E distant 124.31 feet to a point of curvature, thence
bearing to the right with a curve of 606.64 feet radius
distant 133.76 feet to a point of tangency, thence N
61° 24' 26" E distant 187.95 feet to a point of cur-
vature, thence bearing to the right with a curve of
245.55 feet radius distant 105.61feet to a point of
tangency, thence N 86° 02' 56" E distant 50.00 feet
to a point of curvature, thence bearing to the left
with a curve of 259.50 feet radius distant 321.64 flet
to a point of tangency, thence N 15° O1' 56" E distant
623.07 feet to a point of curvature, thence bearing
to the right with a curve of 215.84 feet radius distant
237.67 feet to a point of tangency, thence N 78° 07'
26" g distant 235.10 feet to an angle point; thence
8 77 28' 11" E distant 65.74 feet to a point.
The above described lines are, for the most part,
parallel with each qther and distant either 40.00
feet or 50.00 feet from each other except where shown
otherwise on the plan.
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541
Said Winter Street is hereby laid out and established
as shown on a plan entitled, "Plan of Part of Minter St.,
Lexington, Mass., Scale 1 in.= 40 ft., Aug. 20, 1947, John
T. Cosgrove, Town Engineer", which plan is on file in the
Town Clerk's Office in the Town Office Building and a copy
of which will be recorded with Middlesex 6outh District
Deeds with a copy of this order.
And said Board having considered the question of
damages sustained by the owners of lands across and
through which said ways have been laid out and established
as aforesaid, hereby determines that no damages are sus-
tained and no damages are awarded, and said Board hereby
declares that all acts herein are done under the provisions
of law authorizing the assessment of betterments.
Board
/s/ Errol H. Locke of
/s/ George W. Emery Selectmen
/g/ Fi'rederi'k M GAy
Mr. John D. Caldwell, 72 Hinchey Road met with the
Board relative to his request for permission to install Stamp
coin operated United States postage stamp vending vending
machines. machines
The Chairman asked if Mr. Caldwell had contacts
with any other communities where these machines are
used and he replied in the negative.
The Chairman asked what the postal authorities thought
of the idea and Mr. Caldwell said that he has not dis-
cussed it with them. He said that the representative of
the concern selling the machines told him that he would
have to purchase his stamps from the local post office.
The Chairman informed Mr. Caldwell that he did not
think the Board would approve anything like this without
first having approval of the United Stated Post Office.
He suggested that }4r. Caldwell discuss the subject with
the postal authorities and then confer with the Selectmen
again.
Mr. Caldwell agreed to do so and retired at 9:25 P.M.
Mr. Neil McIntosh met with the Board. He stated that
some time ago he requested the installation of a water
main in Sunnyfield. He said that he obtained a list of
542
signatures on a petition and now finds that it is
necessary for him to obtain the signatures again.
The Chairman explained that the 1947 budgets
were based on the requests received last year and the
program was much greater than the town could handle.
He explained that a great deal of difficulty was en-
countered relative to receiving water pipe, and when
the prices of the pipe increased 'the': Board felt
that there should be an increase in the water better-
ment assessments. He explained that the only thing
to do now was to include sufficient funds in the
1948 budget to take care of Mr. McIntosh's request.
The Chairman assured Mr. McIntosh that the rate
for 1948 will be $1.25 but no assurance could be given
as to what the rate might be beyond that time.
Mr. McIntosh retired at 9:35 p.m.
iand
Petition was received.4 residents of Rangeway
Road requesting the installation of water and also
Rangeway acceptance of the street.
Road A copy of the peition was given to the Super-
intendent of Public Works and it was suggested that
he include these in his 1948 budget.
The Chairman read a letter from John May, ?7 Valley
Valley Road requesting that the town repair the condition of
Road the street inasmuch as town trucks use it going back and
forth to the pumping station.
The Chairman stated that town trucks use the road,
but not in the proportion the residents have always claimed.
Mr. Gay moved that no action be bkken on the req-
uest. Mr. Emery seconded the motion, and it was voted.
The Chairman read a letter from the School Committee
Sidewalk Stating- that eight children from' four to seven, have ,ta;_,
North walk to school down North Hancock Street. The parents
Hancock of the children object to the fact that they must walk
Street in the street. The School Committee feel that a sidewalk
on this street would remove the element of danger.
The Clerk was instructed to advise the School
Committee that betterment assessments on sidewalk con-
struction are figured at the rate of 50% of the cost of
the construction. If the abutters will sign a petition
indicating that they desire to have the sidewalk con-
structed and are willing to pay their proportion of the
cost, the work will be done as soon as possible.
The Chairman read a letter from Eugene Buckley,
22 Grant Street stating that the water from his tap
has been unusually warm since the size of the main
on Grant Place was increased.
The Superintendent of Public Works was req-
uested to investigate and report.
The Chairman read a letter from John R. Bevin,
56 Hancock Street complaining about the intersection
of Hancock and Adams Street. Mr. Bevin requested the
erection of a stop sign and recommended that the
police cheek the speeding.
The Clerk was instructed to acknowledge the
letter and to inform Mr. Bevin that a "Stop" sign has
been ordered and will be erected as soon as it arrives,
and that his complaint relative to speeding has been
referred to the Police Department.
Mr. DeFoe and the Clerk retired:; at 9:50 P.M. and
Mr. Robert L. Ryder met with the Board.
Mr. Ryder retired at 10:40 P.M. and the Clerk
returned to the meeting.
Request from the Arlington Gas Light Company for Gas
permission to install gas mains in Valley Road, Lowell mains
Street and Winthrop Road was held over from last week.
Three separate plans were submitted and approved by the
Town Engineer.
Upon motion of Mr. Emery*. seconded by Mr. Locke, it
was voted to grant permission for the installation of gas
mains in the following streets.
2001 in Valley Road, Lexington (from present end
westerly) to a house now under construction for
Mr. Rudd.
543
Complaint
of speed-
ing
3b0' in Lowell Street ( from the present end )
which is approximately in front of the Reed
property, to house #71; this main to be in-
stalled just off the macadam road.
300' in Winthrop Road ( from the present end in
front of house #28,; )and extending to Sherburne
Road and then running westerly for a distance
of approximately 200' to supply gas to the new
Kelley property on Sherburne Road.
544
Insurance
Tax title
property.
Letter was received from Robert C. Merriam advising
that policy #846400 and policy #198477 in the amounts of
$20,000 and $15,000 would expire October 18 and 25
respectively.
Mr. Gay moved that the pblieies be renewed through
Mr. Merriam's office for a period expiring July 1,
1952.. Mr. Emery seconded the motion, and it was so
voted.
The Board gave further consideration to the offers
for the purchase of Lots 1820, Bieck 19 Ward Street
and the offer to purchase Lot 37 Earle Street. Mrs.
George Ryan, who submitted the highest offer, offered
0250 for the three lots on Ward Street and $50 for the
lot on Earle Street.
Mr. Locke moved that Mrs. Ryan's offers be accept-
ed and the lots sold and conveyed to her. Mr. Gay
seconded the motion, and it was so voted.
Letter was received from Elbert Fisher, 88 Dudley Street,
Medford, stating that he would like to purchase lots 58
Tax title and 59 Rangeway Road at the price of $150 entertained
property by the Board.
Mr. Locke moved that a proposal to sell the lots
be advertised in the Lexington Minute Man and that
further consideration be given the offer at the next
meeting of the Board. Mr. Emery seconded the motion,
and it was so voted.
1 Tax title
property
Letter was received from John B. Wiggins, 32 Bow
Street, Lexington offering $150 for lots 321 and 322
Weed Street. The Committee on tax title property in-
formed the Clerk that the County has relocated Wood
Street, leaving a grass plot between these lots and
the present location of Wood Street.
Upon motion of Mr. Emery, seconded by Mr. Gay, it
was voted to advise Mr. Wiggins that the Selectmen do
not wish to dispose of these lots at this time.
The Chairman read a letter from J. W. Greer relative
to the parcel of land off Westview Street. Mr. Greer
stated that he has an option of the land and will be
able to purchase it for 7'000. He stated that he was
enclosing two checks; $2,000 for the land and $1,000
for the sand, on the condition that he receive agood
and sufficient deed and that a portion of the north-
west corner of the property be rezoned for light manu-
facturing.
545
The Clerk was instructed to advise Mr. Greer
that the Selectmen understand that he has purchased
the land, that the description given by him conforms
to the Board's understanding, but insofar as any
change in zoning is concerned, the Selectmen have no
jurisdiction whatsoever. That subject will have to
be discussed by Mr. Greer With the Planning Hoard
and no change may be made except by a vote of the Town.
Letter was received from the Town Counsel, together
with a release executed by Harriet L. Child in connect-
ion with her claim for damages as a result from a fall
alleged to have been caused by a defect in the side-
walk. The Town Counsel requested that a check be made
payable to Mrs. Child in the amount of $50 and for-
warded to him.
Mr. Gay moved that the Town Counsel's bill be
approved for payment. Mr. Locke seconded the motion,and
it was so voted.
Letter was received from the Town Counsel, together
with an agreement in duplicate between the Town of Lex-
ington and Warren E. Russell. The Town Counsel stated Russell
that s confirmatory deed has been executed by Warren agree -
E. Russell and his wife, Janet Russell, and will be held went
in his custody until such time as he procures a check
after the Special Town Meeting. The deed will be
recorded after the check has been given to Mr. Russell.
Mr. Locke moved that the agreement be signed and
returned to the Town Counsel. Mr. Emery seconded the
motion, and it was so voted.
The Chairman read a letter from the Town Counsel
relative to his conference with Mr. Donald T. Clark,
attorney for Six Moon Hill, Inc. Mr. Clark claims
that the corporation, being new was unable to obtain
a bond unless it furnished the surety company with
collateral or cash equal to the amount of the bond.
Rather than tie up its collateral or cash, the cor-
poration desires to deposit $19,000 with the Town
in lieu of a bond. Mr. Lynch stated that there are
no legal objections to this procedure and the Town
will be adequately protected by the cash deposit.
The corpiration expects to draw on the cash
deposit as work progresses on the development, and
this is satisfactory provided a sufficient amount of
the money is retained in the custody of the Town until
Six Moon
Hill,
Inc.
546
Use of Halls
the job is completed.
The Town Counsel has requested the Superintendent of
Public Works to draw up a schedule of the work to be done
with a stipulation that the corporation can draw on the
cash deposit up to 75% of the value of work certified
by the Superintendent of Public Works to have been completed
in accordance with the agreement.
The Town Counsel stated that as soon as the specifica-
tions and tentative agreement are ready, he will examine
them before the agreement is executed by the Board.
It was decided. to ask the Town Counsel if the Board
of Survey agreements should be changed in view of the
special agreement. It was further decided to have the
Town Counsel write to the Town Treasurer relative to
setting up the cash account.
Application was received from the Veterans of Foreign
Wars for permission to use Estab000k Hall and a confer-
ence room on the evening of September 19, 1947 for
meetings.
Mr. Locke moved that the use of the hall and conference
room be granted free of charge. Mr. Gay seconded the
motion, and it was so voted.
The Clerk was instructed to invite all persons owning
land which might be a pottion of or abutting the sites
proposed for a new elementary school to meet with the
Board next Monday evening.
The meeting adjourned at 11:55 p.m.
A true record, attest:
ler electmen.
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