Loading...
HomeMy WebLinkAbout1948-03-01SELECTI:. `T'S I.EETf;C- March 1, 1948 A regular meeting of the Board of Selectmen was held in the Selectmen's Room on Monday evening March 1, 1948. There were present: Chairman Paxton, Messrs. Locke, Emery, ^ay and Driscoll. The Clerk was also present. At 7:3.0 P.M. a hearing was declared open upon the petition of the Boston Edison Company and the New England Telephone & Telegraph Company for the following pole location: Byron Avenue, easterly side a ;proximately 75 feet north of Lockwood Road, one pole. One existing jointly owned pole to be removed. Ir. Lammers, 18 Lockwood Road, was the only person present. The Chairman asked him if he had any objection and he replied that he had none whatever. The Chairman asked hire if he had seen the plan and he replied in the affirmative. Upon notion of I,r. Dmery, seconded by I.Ir. qay, it was voted that the petition be granted and the order signed. The hearing was declared closed at 7:35 P.I., and Mr. Lammers retired. Mrs. Yate Wiggins of Bow Street met with the Board. Mrs. Wiggins questioned the amount of the present Sewer assessment for the installation of the sewer in Bow Assess - Street and retired at 8:00 P.M. ment for Mr. John Devine and his client Er. Thomas Napoli Bow St. met with the Board relative to Mr. Papoli's property on Lincoln Street that may be affected by the taking made by the County Commissioners. I.:r. Devine said that he had received the letter from the Board of Selectmen which suggested w1,000 for the land taking; and an agreement to the effect that the present trees will not be removed for a period of ten or fifteen years. Yr. Napoli is to rgrant the Town permission to set out a new line of trees back of the present right of way line. E_r. Devine said that he had dis- 277 Pole Location 278 cussed this with Mr. Napoli and that both feel that if this could take place 11,000 was not enough but that they night compromise on the amount. far. Devine said that he attended a legislative meet - .in. at the State House on the location of Route 128 and he understood it was going by Nr. Napoli's property. The Chairman explained that the lay- out in question is just a small county road and he did not believe Route 128 would affect the property. The Chairman explained the town could widen the road and still not disturb more than four trees. Those four would be the large ones that project from far. Napoli's hedge. Pair. Napoli asked what the purpose of disturbing the road was and the Chairman explained that none of the roads the width of the present road are adequate for future planning or development. Mr. Devine asked if what the town really did was to establish a line and the Chairman replied in the affirmative. Lir. Devine stated Lir. Napoli is a graduate of the Massachusetts College of Forestry and he asked Mr. Napoli to inquire as to how long it would take new spruce trees to grow... He stated that the information he received was that it would take between.15 and 25 years. The Chairman asked lir. Napoli if he knew when the present trees had been planted and he said they were set out in 1927. He said he discussed the matter with Par. Garrity and was under the impression that he was going to plant three or four foot trees. The Chairman said that he had also talked with far. Garrity and that Mr. Garrity at that time thought the trees were planted some seven years later. Mr. Devine said that he thought 11,000 was low even with a new line of trees and he suggested that the Board split the different between $2,500 and 11,000. The Chairman said there were about 8,300 feet in the taking and Mr. Napoli said it was 8,400 feet.- The Chairman said that would be at the rate of -100 a foot. Pyr. Devine stated that it is front line. The ChainrLan explained that when the Town moves the line back it will still be a front line. The Chairman said that if something could be worked out on the trees his personal feeling is that if they eliminate the tree situation it does work out better than 10¢ a foot. Lr. Devine said he thought if this case was tried out the Board would find the trees a valuable as:$et in the establishment. 1 279 of a line. He said on the other hand, Lir. Napoli wants everyone to feel that he is trying to be fair. Mr. Devine said that he would like Napoli and to see something; done to make Er. Napoli happy and the Board feel fair about it. The Chairman Devine re; said that he sincerely hoped that if the Board land cannot peach an agreement with Er. Napoli and taking the case goes to court that he will not fuel the Board is unfriendly. Lir. Devine said that he did not v;ant to take this to court. He said that a small case like this could take a lot of time and he does not relish the idea. At the sane time he does not want to let a dlient down. He asked the Board what the top figure would be. The Chairman replied that the Board has not discussed any top figure but he thought the Board generally was of the opinion that ;;1,000 was a fair amount. Lir. Devine said he believed everyone should co-operate with the town officers but he really thought 11,000 vas low for this land. He said that something may happen up there that once the line is established Er. Napoli may have his row of trees but they may not be very helpful to him. The Chairman asked if the members of the Board had any Questions and there we2e none. He asked !Ir. Devine if he would like to leave the meeting for a few minutes and rive the Board an opportunity to discuss it. Lr. Devine and his client retired at 8:10 P.M. The Board discussed the settlement and LIr. Napoli and Mr. Devine returned to the meeting at 8:20 P.M. The Chairman informed. Ir. Devine that the Board feels that the maximum would be 11,300. If the town sets out the additional row of trees it means that the Board will have to get an appropriation of X1,500 of which 11,300 would be considered as damages and $200 for setting out the trees. He explained that 840 feet at 15¢ a foot figures out '„,'1,260., but to use round figures they would call it x1,300. Pr. Devine asked if the Board would stretch the figuf'e to X1,500. The Chairman explained that the Board is up to 1,500 with the trees and that they do not expect to take the present trees Gown right away. Mr. Devine said that I'r. Napoli has in mind 11,750., and he would like to see the Board raise the amount to j1,500. He would then tell Lr. Napoli to take 280 that amount. Mr. Devine said that the State would probably give the town the trees. The Chairman said he did not think they would give the town very large trees. Mr. Napoli said that he has told Mr. Garrity that the trees will not have to be set out so thick. He thought that ten feet anar•t would be all richt. I•Ir. Devine asked Air. Napoli if it would be agreeable to him if the trees were set out tern feet apart and Mr. Napoli replied in the affirmative. Mr. Devine asked if the Board would raise the figure to 11,500. The Chairman said that the Board wants a total appropriation of :1,500. T.ar. Napoli said that if the town can get the trees he Would be willing to set therm out. The Chairman said that sone place he picked up a rumor that the State was not going to give away any more trees. The Chairman asked Ir. Napoli how much he thought the trees would cost. IIr. Devine replied that 84 trees would coot about 01.00 a piece. Er. Napoli said that they'fi^ure w1,00 a foot for treys. Mr. Napoli asked if he left it up to the Board to get the trees, would they really try to get then. The Chairman assured him that they would do everything they could. He then proposed the following settlement: Mr. Napoli to settle for the sum of 11,500., and the town will make an honest effort to obtain the number of trees he needs in that area (as large as possible) from the state. If the town is unsuccessful in obtaining trees*to be put there. If, however, the town is successful in obtaining trees P"r. Napoli is to plant the trees. Both LIr. Napoli and IIr. Devine agreed. The Chairman said the mown Counsel would be advised of the settlement before the Town Meeting. Mr. Devine and Mr. Napoli retired at 8:35 P.A. Yr. DeFoe met with the Board. He informed the Board that he had received a verbal report from Frank Hitchcock on all night street lighting and revised lighting for Lexington Center. He said that if the town votes for all night light- ing the Edison Company will do the installation from Woburn Street to Bedford Street with 10,000 lumen lamps free of charge. The cost to the town ik Mr. Napoli will not require the Town to buy trees 281 which ould be only for the electridit j used w.ich Lighting would be a»nroximately 136.80 a year. The installation fror.i Woburn Street to the Arlington line would be 'gratis. If the town does not have all night lighting and at a later date wants the Center lighting changed it will cost :;7,000. Mr. DeFoe said that if the town has all night lighting in the 'Center ohly it will cost >2,730., or an added cost of #6x0.35. If the town has all night lighting in the center and does not riake a change in 'the systeil I.:r. Hitch- cock suggests the installation of 10,000 lumen lights in the Center on the present poles and this would cost $886.20 a year. The Chairman .asked Lr. DeFoe to obtain this information in writing frori I.Ir. Hitchcock so that 'it may be available for town meeting. Assess- RIr. DeFoe reported on the betterment assessments ments for water main construction on Shade Street. He said for • the main was laid long before the betterment assess- Shade rent schedule was adopter. he explained that at that Street time the main was installed over a total length and there is a guarantee that a certain amount of eater is goindto be used. It may not be used by some of the property owners but others may use a sufficient amount to fulfill the guarantee. The Chairman suggested that Er. DeFoe brine; this subject up again after town meeting. Mr. DeFoe said that Er. Shaw of Grant Street has not been able to do much in his attempt to obtain signatures for tie installation of a sewer and it looks now as if he will be-ablle to obtain only three signatures. The Chairman said that it appears to him that there is no sense in constructing the street without installing the sewer, and it is not necessary that the abutters sign for this sewer. They can be assessed anyway. Insofar as sone of the farm land is concerned some agreement coiilu be worked out. He said if it is the wish of the people to have the street constructed the sewer should, of course, be installed first. The Chairman asked if there were any Questions and thee were none. ldr. DeFob informed the Board that he is planning; to include this in the contract for the road but will keep the, prices separate. The Chairman asked if this was agreeable to the Board and it was. Grant Street Sewer 282 Purchase new v;ater billing machine Increase limits on public liability insurance Mr. DeFoe discussed at length the purchase of a water billing-, machine. He stated that he will be able to purchase a new Sundstrand Auto- matic for 02,647.35, which is a firma price, for delivery within 90 days. The Burroughs Company has two machines; one which sells for ";3,073.50 and one for .2,547. 1r. DeFoe said that he had investigated and is of tie opinion that the new Sundstrand which has been recommended by the State Auditor, _Lr. Abel, is the better machine. He. said they would allow him 80,00 for the old machine. The Chairman informed the Board that the old machine was purchased second-hand from the Town of Arlington in 1928. The Chairman asked if the Board had any questions. Lr. Tlmery asked if the Chairman was satisfied. He said that based on what A.ir. DeFoe has told him he could see no reason for not placing the order. The Chairman suggested that Er. DeFoe check the possibility of greater usability of the machine by the other departments. Mr. Emery moved that the Sup't. of Public Works be authorized to place an order for a new Sundstrand Automatic Water Billing machine at a cost of :20647.35. 1 -Ir. Cray seconded the motion, and it was so voted. Mr. DeFoe said the town had had public liability on sewer and water work only and accord- ing to Mr. Merriam the sewer public liability not only.includes construction of mains in the street but also service and maintenance and likewise on the water. He said it -appears that the auditors have not taken this into consideration and they have not charged as much as they should have this year. The Chairman said that there are very few occasions where the street. is dug up on sewer main- tenance. Yr. DeFoe explained that Mr. Merriam in-. formed him that they do not break the policies down. T.r. DeFoe said the real danger is during construction when the trench is open and he specif- ically asked Mr. Merriam why the town should pay on all of it and Mr. Merriam informed him that is the way it is set up. Mr. DeFoe said that figuring on his estimates of labor on the ?1020,000 limits against the 015/30,000 limits there is an increase of only 024.71. The Chairman asked Mr. DeFoe 283 hove the rates for the street cleaning are reported to the insurance company. I,1r. DeFoe said that they get their information from the payrolls through the Town Accountant's office. The Chairman said that. the payrolls do not break down the street cleaning an( the Town Accountant, before he presents the audit for the insurance company, must first present it to the Supt. of Public Works so that he or his girls can check it so that the amount spent for -street cleaning can be segregated. The Chairman asked Mr. DeFoe if he felt on his estimates ;;24.00 would be sufficient for the additional coverage and Mr. DeFoe said he did not think. it -would be very far off. The Chairman asked if the Board wanted to go along on the .15/30,000 limits for public liability and if the account is short request a transfer. Mr. Driscoll moved that the public liability policy e0-715900 be increased from :310/20,000 limits to '„15/30,000 limits. I.r. Gay seconded the notion, and it was so voted. Pr. DeFoe said thmt he had contacted both Converse Hill and Tracey Ames in connection with the extended insurance coverage =4 for public buildings. n.r.Hi11 does not think it is necessary, and IJr. Ames suggested that some thought be given to it. This would cost from :'5,000 to ^10,000 for five years. The Chairman suggested that lir. DeFoe bring this up again in July when the insurance was discussed. Mr. DeFoe informed the Board that residents of Middleby Road have requested the installation of a water main. Every one has signed except one owner who owns a little: over half of the land. This leaves only 45.3 of the required signatures which hF:ve been obtained. He explained that the installation would be helpful in4trengthening our present system and there are new houses to be built there which will require water. The Chairman said that even though Town Meeting does not vote the entire appropriation there will be sufficient funds to purchase this 10” pipe. Mr. Locke moved that the Sup't. of Public Works be authorized to place an 284 Approve purchase 10" pipe order for 10" water pipe to be used in the of installation of a water wain in Middleby Road. Drisdoll seconded the motion, and it was so voted. Bequest to Town -- G. M. Brown The Chairman read a letter from the Boston Safe Deposit & Trust Company advising the Board that the Town has been included among the legatees named in the Will of Geneva M. Brown. Under the terms of the will the town will receive $3,000 to be invested and the income therefrom used for improving and beautifying the Common and the triangular plot of land in front of the Masonic Temple. The Clerk was instructed to find out from the Town Counsel whether or not the acceptance of this bequest requires a vote of the Town. ma�,es for The Chairman read a letter from the Appro- Da Waltham St. iu priation Coraitttee informing the Board that the not approved Committee has voted not to change the recomrirended appropriation of ;500 for Patriot's Day. The by Appropriation Committee further voted that if it was found Committee when the work was completed on the widening of Waltham Street that damages should be awarded, the Appropriation Committee will favor a transfer from. the Reserve Fund for the amount of damages determined by the Board. llr. Emery said he believed the town, has a moral obligation to pay these damages. Er. Locke said that when the Board knows about the damages it does not seers like an amount that should be transferred from the Reserve Fund inasmuch as it will not be an unforeseen emergency. Bus Hearing The Chairman read a letter from the Middle- sex & Boston Street Railway Company requesting a public hearing on their petition for a license to operate buses on Simonds Road, Burlington and Hancock Streets. It was decided to hold the hearing on April 12, 1948, and to insert a notice in the Minute Man two weeks prior to the meeting. L 4.70Id 1 • A letter was received from the Town Counsel together with releases executed by James J. Carroll as owner of the automobile involved in the accident December 6, 1947, at the intersection of Park Drive and I:uzzey Street and F. Louis Carroll, the operator of the automobile. The Town Counsel said it is novo in order for a check in the amount of )75.00 to be issued to James J. Carroll, Jr. Lr. Emery moved that this amount be charged to Snow Removal. Er. Driscoll seconded the motion, and it was so voted. An application was received from the V. F. W. requesting permission to conduct a meeting in Estabrook Hall and Conference Room on the evenings of March 3 and I:Iarch 18. Mr. Emery moved that the uses of the hall be granted free of charge. Lr. Driscoll seconded the motion, and it was so voted. An application was received from the Lexington Historical Society for permission to conduct a meeting in Estabrook Hall or Tuesday evening, March 9th from 8:00 to 10:00 P.M. Mr. Gay roved that the use of the hall be granted free of charge. Mr. Driscoll seconned the motion, and it was so voted. An aplication was received from Rev. J. S. Cronin requesting - permission to conduct a rehearsal in Use of Cary Liemorial Hall on Sundae afternoon, I aroh 14th Hall from 2:30 to 4:3.0 P.M. r.rr. ^u7 :roved that the use of the hall be granted free of charge. 'dr.. Locke seconded the motion, and it was so voter'. An ap';lication was received from Rev. William J. Desmond renuestin permission to conduct the annual reunion in Cary Memorial Hall on. A.pril 30th from :00 P.M. to 1:00 A.M. I.r.. Driscoll moved that the use of the hall he r )._ted sub,feet et to a charge of :;;35.00. Mr.. Locke seconded the notion, and it was so voted. 285 settle Carroll Claim for Damages Use of Hall Use of Hall A letter was receiver:,. 7-rr, Ira L. Rix requesting the renewal of < permit to sell popcorn at the 'Motion of I::arrett Road and Waltham Street. on Saturday, Sundays an, llr. Gay moved that the ferri?it•be renewed. Mr. Ton e seconded the motion �A J , and it was so voted. The meeting adjourned at 10:45 P.I. true record, nttest: 7 :selectmen Use of Hall Permit.