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-
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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.