HomeMy WebLinkAbout1948-03-01 277
1
SELECTI.': ;'S I.WETING
March 1, 194"
rL regular r,ieetir of the Boy rc of Selectmen
was held in the Selectmen' s RDOli on P, onday evening,
March 1, 1948 . There were present Oh .ire an
Paxton , Messrs . Locke, alery , ' a r ,nd Driscoll.
The ClerE was also present.
At 7 .30 P.' a hearinr; was ('ecluced open upon
the netitir,n of the Do.tor_ di.s rn Cor-:par,r and the
Few Encland Telepuone r Tele.,rap'1 Company for the
following pole location .
Byron ).venue, easterly side a proximately 75 feet
north of Lockwood Rood, one p,,le . One existing jointly
owned pole to be removed.
Mr. Lw.w ers, 18 Lockwood Road, was the only person
present. The C rairuan asked fill. if he had any objection
and ,re replied trot de liar, Trine whatever. The Chairman
asked him if he hod see the elan :.no. he replied in the
affirmative . Upon motion if L_r. Ddery , seconded by Pole
Mr Gay, it was voted that the ,)et -tion be granted and Location
the order sie.nevi T're heari_n ,as declared closed at
7 :35 P.M. , and Mr. Laru:rers retired.
Mrs. Kate Yiugins of Bow Street met with the Board.
Mrs. t li gins questioned the amount of the present Sewer
assessment for the installation of the sever in Dow Assess-
Street and retired at 8 00 P i. , ment
for
Mr John Devine and his client Mr. Thomas l:apoli Bow St.
met with the Board rel. tive to Mr. Mapoli ' s property it
on Lincoln Street that nay be affected by the `eking
made by the County Commissioners Mr Devine said
that he had received nhe letter from the Board of
Selectmen which sup ested X1,000 for the land ta'Ung
and an agreement to the effect that the present trees
will not be removed for a period of ten or fifteen
years . kr. Napoli is to nr&- nt the Town permission
to set out a new line of trees buck of the present
riEght of way line . Mr. Devine said that he had dis-
1
cussed this with Lir. Napoli and that both feel that
if this could take place 11 ,0,"'0 was not enough
but that they might compromise on the amount tir.
Devine said that he attended a legislative meet-
ing at the State House on the location of Route
128 and he understood it was going by Lr. Napoli' s
property. The Chairman explained that the lay-
out in cuestim is lust 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 hr.
Napoli ' s hedge. hr. Napoli asked what the purpose
of di,st.2rLi_ng the road was and the Cha.ir:..an explained
that none of the roads the width of the present road
are adequate for future planning or development .
Hr. Devine asked if ,vhat the town really did
was to establish a line and the Cr airman replied
in the affirmative . 1Jr. Devine stated h,r i�apoli
is a graduate of the I: a;sachusetts Colle: e 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 inforniati,in he received was that it mould take
between 15 and 25 years. The Chairman asked Mr
Napoli if he knew when the present trees had been
planted and he said they were set cut in 1927. He
said he discussed the matter with Mr 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 Er. Garrity and that lir.
Garrity at that time thought the trees were planted
some seven years later Mr. Devine said that he
thought 4;1,000 was low even with a new line of trees
and he suggested that the Board split the differences
between 2, 500 and $1,000. 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. h;r. Devine
stated that it is front line. The Chaim an 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 tuev eliminate the tree situation it does
work out better than 10¢ a foot. Er. Devine said he
thought if this case was tried out the Board would
find the trees a valuable as et in the establishment
279
of a line . He said on the other hand, Mr
Napoli wants everyone to feel that he is trying
to be fair. Mr. Devine said that he would like iiapoli and
to see somethint_ done to make Mr. hanpy
and the Board feel fair about it. The Chairman Devine re;
said that he sincerely hoped that if the Board land
cannot reach an a&-,reerrent with Mr. Napoli and taking
the case goes to court that he will rot fael the
Board is unfriendly. Mr Devine said that he did
not avant to ta.;e this to c curt . He said that a
small case like this could tate a lot of time and
he does not relish the idea . ;t the same time he
does not Ivant to let a Client down He asked the
Board what the top figure would ae. The Chairman
replied that the Board has not discussed any top
figure but he thow-ht the Boar• geneLaily eras of
the opinion that ;1,000 was a fair amount. lir
Devine said he believed ever: one s.,ould co-operate
with the town officers but he really thought " 1 ,000
was low for this land He said that something may
happen up there that once the line is established
Mr. bapoli 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 an au�stions and there
we_e none, lie asked Hr. Devine if he would like to
leave the meeting for a few minutes and ive the Board
an oppor-turaity to discuss it hr. Devine and his
client retired at 8 10 P.H
The Board discussed the settlement and LIr. Napoli
and Mr Devine returned to the meeting at 8 20 P.M.
The Chairman informed hr Devine that the Board
feels that the maximum would be ,1,300 . 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 ''1,300 would be considered as damages
and $200 for setting out the trees. He explained that
ELO feet at 150 a foot figures oui, „1, 200 , but to
use round figures thev would call it x1,300. Mr.
Devine asked if the Board vould stretca the figuf•e
to )1, 500 . The Cnaicrinn explained that the Board
is up to %, 500 with the trees and that they do not
expect to take the present trees c'own right away
Mr. Devine said that lir. I anoli has in mind '.;1,750 ,
and he would like to set: the Board raise the amount
to 1, 500 He would t yen tell Lr Napoli to take
I
L . _
280 %)
1-4
1
that amount. iw;r. Devine said that the State
would probably give the town the trees. The
Chairman said he did not taink they would give
the town very large trees. Mr. Napoli said that
he has told Mr. rrarrity that the trees will not
have to be set out so thick. He thought that
ten feet ana,_t would be all right Lr Devine
asked Mr. Napoli if it would be agreeable to him
if the trees were set out ten feet apa_t and Mr
Napoli replied in the affirmative Mr Devine
asked if the Boprd would raise the figure to
11, 500. The Chairman said that the Board wants
a total appropriation of 11, 500 ?Ir Napoli
said that if the town can e,et the trees he would
be willing to set tier) 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 Mr. Napoli now much he thought
the trees would cost. Mr Devine replied that
84 trees would cost about 1.00 a piece. Mr.
Iapoli said that they fi,ure w1,00 a foot for
trees. Mr Napoli asked if he left it up to the
Board to ;_et the trees, would they really try to
get them. The Chairman assured him that they would
do everything they could He then proposed the
following settlement Ur. Napuli 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 Hr Napoli is to
plant the trees Both Lr. Napoli and Mr Devine
agreed. The Chairman said the mown Counsel would
be advised of the settlement before the Town
Meeting. Mr Devine and hr Napoli retired at
35 PI .
Yr. DeFoe rr,et with the Board He informed
the Board that he had received a verbal report
from Frank Hitchcock on all night street lighting
and revised li . tin3 for Lexin ton_ 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 charf_,e The cost to the town
ik Mr. Napoli will not require the Town to buy trees I
281
Street
ould be only for the electrid,it•✓ used which Lighting
would be apnrexinately '136.80 a Tear The installation
fron Woburn Street to the :_rlin ,ton lire ould be
gratis. If the town does not have all ni ht lightin7
and at a later sate v nts ' he Center lidnitin'; changed
it will cost ;7 ,000 . I r. DeFoe said th_it if the town
has all niu'it licht_n' in t` e Cer '-er ohly it will cost
;72,730. , or an ac-Led cost of 8620.35.
I' the town lire all nicht lichtinc in the center
and does not riaue a c ian_e i t e se's tei hr. Hitch-
cocd sum r.,ests the installation of 10 , 000 lurien lights
in the Center Jn the present poles and this would cost
So. 20 a year. The C .afrmen asked hr. DeFoe to
obtain tris inforri_ation in wtttin: from Er Hitchcock
so that 'it may be availeole for town r,ieetinc .
Assess-
Idr. DeFoe reported on the betterment assessa,aents merits
for water Main construction on Shade Street . He said for
the stain was laid belore the better,. ent assess- Shade
lent schedule was adopted . 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 v iter
is Coinito be used. It eta, not be used by seise of
the property owners but othr rs r,auv use a sufficient
amount to fulfill the uarantee. The Chairman suggested
that Mr. DeFoe brine this ub j ct up aeain after town
meetine
DeFoe said that hr. Shaw of grant Street .as Grant
not been able to do cads, in his attempt to obtain Street
si{ natures for tie instal1a* ien of a sewer and it Sewer
looks now as if he will be able to obtain only three
siC.nFtures . The Cfiaira,aa_: said that it appears to
hire that there is no sense in construct inp the street
without installing- the sever, and it is not necessary
that the abutters si .n f )r this sewer. T' e, can be
assessed anyway. Insorer as some of the .arra land
is concerned sor.ie a,reement co'ulu ce vorE eu out . He
said if it is tie wise o" the people to wave the street
constructed the sewer should , of course , be installed
first . The Chairman asked if there ,,ere a j questions
and the e were none . hr. DeFoe it formed the Board
that no is plannin. to include tits in the contract
for the road but will keep the prices separate . The
Chairman asked if this , as ap reeable to the Board
and it was.
I
i
L
282 %:)
I
Mr. DeFoe discussed at length the iurchase
of a water billing machine He stated that he
will be able to purchase a new Sundstrand Auto-
matic for ',2,o47 25, which is a firm price , for
deliveru V ithin 90 days The Burroughs Company
Purchase has two machines , one which sells for ? 3 ,073 . 50
new and one for 2, 542. Mr. DeFoe said that he had
water investigated and is of the opinion that the new
billing Sundstrand which has been recommended by the
machine State Auditor, Mr. Abel, is the better machine
He said they t.nuld allow him AgOon0 for the old
machine The Chairman informed the Board that
the old machine was purchased second-hand from
the Town of Arlington in l92 The Chairman asked
if the Board had any questions. Mr Emery asked
if the Chairman was satisfied. He said that based
on what I.Ir. DeFoe has told him he could see no
reason for not placing the order. The Chairman
suggested that Mr. DeFoe check the possibility
of greater usability of the machine by the other
departments. Mr. Emery moved that the Sup 't
of Public '"forks be authorized to place an order
for a new Sundstrand Antomatic ''ater Billing
machine at a cost of X2,647 .35. Mr. Gay 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-
in , 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. Mr. DeFoe explained that Mr Merriam in-
Increase formed him that they do not break the policies
limits on down. p.:r. DeFoe said the real danger is during
public construction when the trench is open and he specif-
liability ically asked Pr. Merriam why the town should pay
insurance 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 ?10/20, 000 limits
against the 015/30,000 limits there is an increase
of only ;24 .71. The Chairman asked Mr. DeFoe
283
how the rates for the street cleaning ure
reported to the insurance company. Mr. DeFoe
said that tbey get their infor .ation fro... the
payrolls through tree Town Accountant ' s office.
The Chairman said that. the payrolls do not break
down the street cleaning an: the Town Lccountant,
before he presents the audit for the insurance
company, must first present it to the Sup' t . of
Public 1.rorks so that he or ais , irls can Check
it so that the amount spent for street cleaning
can be segre& ated The Chairman asked Mr. DeFoe
if he felt on his estimates ',24 00 would be
sufficient for the additional coverae and Lir.
DeFoe said 4e did not think it would be very far
off . The Chairmen asked if the Board vunted to
go along on the 115/30,000 limits for pubic liability
and if the account is short reuuest a transfer. Mr.
Driscoll moved that the pdblic liability policy
#0-718900 be increased from 110/20,000 limits to
il5P0 ,000 liMitS . Mr. Gay seconded the motion, and
it was so voted .
Mr. DeFoe said thc,t, 4e had contacted both
• Converse Hill and "'racey Ames in connection with
the extended insurance coverage 0+ for public
buildings. Mr Hill does not think it is necessary,
and Lir. Ames suggested that some tdought be given
to it This woule cost front )8, 030 to ' 10,000 for
five years. The Chairman suggested that Mr DeFoe
bring this up a ain in Jul', when the insurance was
discussed .
Mr. DeFoe informed tne Board that residents
of Middleby Road have requested the installation of
a water main Ever" one has si6nen except one owner
who owns a little over half of the land This
leaves only 45. 3 of the required simatures which
h ve been obtained . He explained that tne installation
would be helpful inlitrencthening our present system
and there are new houses to be built there which
will require water. The Chairman said that even
though Town leeting does not vote the entire
appropriation there will be sufficient funds to
purchase this 10" pipe . Mr . Lock,e moved that the
Sup' t. of Public Works be authorized to place an
284 ;o
ald
1
Approve order for 10" water pipe to be used in the
purchase of installation of a water main in Middleby Road.
10" pipe 1.r. Drisdoll seconded the motion, and it was
so voted.
The Chairman read a letter from the Boston
Safe Deposit & Trust Company advising the Board
that the Town has been included among the
Bequest to legatees named in the will of Geneva M. Brown.
Town --
Under the terms of the will the town will receive
M. Brown X3 ,000 to be invested and the income therefrom
used for in ravine and beautifying the Common
and the triangular plot of land in iront of the
Masonic Temple The Clerk was instructed to
find out from the Town Counsel tihether or not
the acceptance of this bequest requires a vote
of the Town.
The Chairman read a letter from the Appro-
Damages for priation Cordittee informing the Board that the
Waltham St
not approved Coirlliittce has voted not to change the recommended
apnropriotion 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 Ap,cropriation Committee will favor a transfer
from the Reserve Fund for the amount of damages
determined by the Board. Mr. Emery said he
believed the town has a moral obligation to pay
these da nw- es Mr Locke said that when the
Board knows about the damn es it does not seem
like an amount that should be transferred from
the Reserve Fund inasmuch as it will not be an
unforeseen emergency
The Chairman read a letter from the Middle-
Bus sex & Boston Street Railway Company requesting
Hearing a public hearing on their petition for a license
to operate buses on Simonds Road, Burlington and
Hancock Streets. It was decided to h)ld the
hearing on April 12, 194" , and to insert a
notice in the Minute Mian two weeks prior to the
meeting
285
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 b, 1947, at the intersection of Par; Drive
and Iu2zey Street and F Iouis Carroll, the operator settle
of the automobile The Town Counsel said it is Carroll
now in order for a check in the amount of x75.00 to Claim for
be issued to James J Carroll , Jr Mr Emery moved Damages
that this amount be chargee' to Snow Removal Mr.
Driscoll seconded tae motion, ,nd it was so voted
An application was received from the V. F. W. Use of
requesting permission to conduct a meeting in Hall
Estabrook Hall and Conference Room on the evenings
of Larch 3 and 1'Jarch 18. Mr. Emery moved that the
uses of the hail be r„anted free of chore Mr
Driscoll seconded the motion, and it was so voted.
An apnlic,,tion was received from the Lexington Use of
Historical Society for pe oil sloe to conduct a Hall
meetin= in Estabrook 7a11 or Tuesday e,-enin_,, March
9th from 8 00 to 10 00 p I . Mr Gay 'roved that the
use of the hall bar s?r•a;rted free of char ,e ITr.
Driscoll seconded the motion, an(' it was so voted.
An ap_ lication Vas leceived from Rev J 3
Cronin reque tins nerr,i ;sion to nondu t a rehearsal in Use of
Cary Memorial Hall on Sunda” 3f terno rr, I,< roil 14th Hall
-Prom 2 30 to 4 30 P.j , Tr. M. .:,ved that the use
of the nail be r,r entee "ree _f c',inr~e Mr. Locke
:,econded the motion, -mud it as so vote('
An ap_ tic tion w s receiv--a from Rev aiilliara J Use of
Desmond renuestir._ veru issijn to cur 6 uct the annual Hall
reunion in Cor7' I eriorial Hall on ,. ril Tth from
00 P.1 to 1 Jo 1a I Mr. Dri^coll moved that the
use of the hill he 're rted ;,u_b of to a c'rr r e of
35 00 Mr. LecLe seconded the motion, ane it was
so voted
A letter ins rec ivea1 fr: Ir Rix re ue tin Permit
the renev,a1 of + pLrn_i t t'- ell 2 0corn t the
, unction of Marrett :.oac; n< alt 1 a ''reet on
o turnay, Sund -rs in( lid 5 1 r moved that
the -ernit be rrr w i . Tr Toc e s Corn ec tie motion,
end it \raF So i oted.
The naetrn, r u jcurned t 1"1 t'.T
true record , ritte t
•
1 r aelecti.ien