Loading...
HomeMy WebLinkAbout1948-05-17379 SELECTMEN'S MEETING May 17, 1948 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday evening, May 17, 1948 at 7:30 p.m. Chairman Paxton, Messrs. Emery, Gay, Driscoll and Nickerson were present. The Clerk wasalso present. At 7:30 p.m. Mr. F. K. Johnson and Mr. DeFoe, Supt. of Public Works, met with the Board relative Johnson to the drainage at the rear of Mr. Johnson's garage drainage on Bedford Street. The Chairman said that, as he recalls this, the problem came up last fall and Mr. Johnson had some idea of constructing a building in the rear of his property and wanted to know whether or not the drain could be taken care of and put in some place where it would not interfere ,ith any future construction. He said that the question then came up about what percentage of the cost of construction Mr. Johnson would be willing to pay. The Board at that time sub- mitted a figure.of $1,000 as Mr. Johnson's share. Mr. Johnson explained that there are two possibilities and explained them to the Board by using a sketch showing the property and the proposed drainage schemes. He stated that the method he preferred was the one necessitating an extra manhole. Mr. DeFoe explained that the distance would be about the same in either instance, but one will involve another manhole costing approximately $120 more. Mr. Johnson said that as far as the cost is concerned, it seems to him that y1,000 is a lot of money for him to spend. He asked how much the pipe would cost and the Chairman replied that for this area alone it would cost $1,000. Mr. Johnson said that he would expect to give the town an ea.ement but $1,000 is more than he wants to pay. The Chairman said that this amount wasthe decision of the Board last fall and asked if Mr. Johnson had any alternative offer. Mr. Johnson replied that it seemed to him that this was about a $500 job. The Chairman asked if he meant that it will be a $500 improvement to his property. Mr. Johnson said that if he gives the town the necessary easement and pays $500, he thought it would 380 be fair. He explained that there is water coming down onto his property which does hot originate from his land. The Chairman said that the Board offered 01,000 and Mr. Johnson offered 0500 and asked if the Board had any further discussion. Mr. Emery asked if Mr. DeFoe had any definite idea as to how much this project would cost and Mr. DeFoe replied that he does not believe it will cost that much. He said that he had taken into consider- ation the possibility of striking ledge and that the job should not cost more than $4,000. The Chairman figured that it would cost approx- imately 01,750 to go through Mr. Johnson's property. Mr. Emery said that all the Board wanted to do was to reach an agreement and that the town need only to straighten out the line in an open ditch and accomplish what the Town wants in relation to the Fire Station and that would not cost more than $500. Mr. Johnson said that he would not feel too bad about an open ditch and actually one c,.nnot build over the pipe. He said that the real object is to move the brook out of the way. The Chairman explained that water from Edgewood Road and Meriem Street coming down by Dr. Crawford's house, used to empty into an open channel brook. He said that he sees this as the conclusion of a project started in 1937. He said that the money is now available to do this and if it is turned back this year, it will be an open channel brook for many years to come. Mr. Emery asked Mr. Johnson if he would pay $800. Mr. Johnson said that he does not like to dicker and that if the water was something for which he is responsible that would be one thing. He said that he cannot divert the water and the Town should not dump it on his land. The figure of 0750 was then suggested. Mr. John- son said that he thought 0500 was enough but he would go along with the Board at 0750. Mr. Emery asked if he would rather have it closed for 050 or open for 4500. Mr. Johnson replied that he would naturally rather have it closed for 0750. He said that he would just as soon have it relocated, left open, dive the Town an easement and let it go at that, but if the Board wants it closed he would go along. 381 The Chairman said that a ten foot easement would be required and Mr. Johnson agreed. • Mr. Johnson retired at 7:55 p.m. Mr. Nickerson moved that the brook be enclosed and Mr. Johnson assessed $750 as his share for this improve- ment. Mr. Driscoll seconded the motion, and it was so voted. Mr. Daniel A. Lynch, Town Counsel, and Mr. H. Webster Thomas, Chairman of the School Committee met with the Board. Mr. Lynch informed the Board that on Thursday Borrowing night he received a call from the Town Treasurer for who said that* he had received an opinion from the Hancock attorney, on the Hancock School borrowinm, that the School vote on article 5 was illegal, invalidand no Repairs money could be raised on it. On Friday morning, Mr. Lynch and Mr. Thomas met with Mr. Grindle, Supt. of Schools. They analyzed the article and also the vote. Itlr. Lynch said that he approved the vote before Town Meeting and he again approved it at this time. I?Ir. Lynch and Mr. Thomas met with two attorneys, Mr. Barrows and Mr. Ware. The words in the vote which bother them are "remodelling" and "repairing". Mr. Lynch explained to them that it is impossible to remodel without repairing. One of the attorneys would not agree because of the word "repairing" and the other had his doubts. They would neither approve nor dis- approve. Mr. Lynch and ,ir. Thomas then went to see George Searle at the State House, Mr. Searle having approved this vote before Town Meetinr. He thought the attorneys were being hypertechnical._ and talked to Barrows on the telephone. He told Barrows that he thought this should be approved without any question, but he was not able to convince them. Mr. Lynch stated that he asked Mr. Searle if he would approve the certification and he replied that "he definitely would. If this borrowing is left with Barrows and is rejected, Mr. Searle could not then approve it on his own, but would have to refer it to the attorney general's office. It might be six weeks before an opinion would be received. Mr. Lynch asked Mr. Searle if this particular article were withdrawn from Story, Thorndike)Palmer and Dodge, would he certify it and he said that he would. He would, how- ever, like a statement from the School Committee that the money is to be used for remodelling and repair- ing. Mr. Lynch said that this amount must be taken 382 away from Story -Thorndike. When the State certifies a note it must be signed by the Board and also by the Director of Accounts. Mr. Lynch explained that, under the law, that become prima facie evidence. He informed the Board that in his mind there is no doubt about the validity of the vote andhe thought the Board should withdraw this borrowing and go through with State notes. He said that the Board should not take the chance of having it turned down. Mr. Emery asked if taking this out would jeopardize the balance and Mr. Lynch replied in the negative. Mr. Lynch said that he had informed the Town Treasurer that he was going to discuss this matter with the Board and if the Board wants him to, he will explain the situation to Mr. Carroll in the morning. Mr. Emery moved that the 05,030 bond issue for remodelling and repairing the Hancock School be with- drawn immediately from the firm of Story3Thorndike, Palmer and Dodge and that the Treasurer be instructed to procure the money on State Certified notes. Mr. Driscoll seconded the motion, and it was so voted. Mr. Thomas retired. Mr. Kendall Johnson, attorney for Mrs. Ruth C. Johnson, 45 Grove Street, and Mr. Johnson met with the Board. He presented a sketch of the Johnson property and said that Mr. Johnson had received a bill for 001.00. He explained that only about 330 feet of the Johnson land derives any benefit from the extension. Mr. DeFoe met with the group and explained that the extension was charged at the rate of $1.00 per front footage. The. Chairman explained that Mr. Johnson, either under water guarantees or betterment assessments paid for at least the portion that includes his home. He explained that Mr. Johnson has to keep a fifteen foot side line and therefore, there is a short distance of about fifty feet that might justifiably be considered as not chargeable because it was in the original lot. The Chairman asked if Mr. Johnson would let the Board check into this during the coming week and th-n advise them. He also asked if Mr. Johnsonwould bb willing to sign an agreement that the betterment assessments on this partldular portion would become due at such time the land in question or any part of it is sold by Mr. Johnson; the land or any part of it is built upon or until Mr. Johnson avails himself of the improved water facilities. Mr. Johnson, the attorney, said that such an agreement would seem fair to him. He said that his client would like the Board to consider this on a ten year plan. The Chairman said that when Mr. Johnson receives a bill he can pay it all or not pay any of it and it will then go on a deferred basis. Mr. Johnson, his attorney, Mr. Lynch and Mr. DeFoe retired at 8:35 p.m. At 8:40 p.m. Mr. Theodore A. Custance and nineteen Bus other individuals met with the Board relative to bus trans - transportation. poptati.dr Mr. Custance stated that he felt •very keenly that the Board of Selectmen made an error in the decision relative to the proposed bus line in North Lexington. The Chairman explained that the Board of Select- men realizes that there will be criticism regardless of the decision, but the Board has made its decision. He informed the group that last week the Select- men,approved a sum of money to be added to the money appropriated for the Planning Board and it is anticipated that a transportation survey will be made and completed in the fall. This survey will give a general picture of the entire town and not any one particular section. Mr. Custance spoke at length on the subject and comments in favor of bus transportation were made by Mrs. Holmes, Mr. Creary, Mr. Couette, Mr. Edes, Mr. MacDonald, Mr. and Mrs. Patterson and Mrs. Monson. The group retired at 9;45 p.m. Mr. Richard Cromwell, Chairman of the Planning Board met with the Selectmen. He explained that John Blackwell met with him a week ago and talked about aerial photographs and the great asset it would be to him in his neighborhood studies of the town. Mr. Cromwell said that he '.told Mr. Blackwell to discuss the matter with the Planning Board and if the Board felt that the photographs were necessary he would obtain bids on them and meet with the Selectmen to discuss the subject. He said that the Planning Board may not have enough money to do the job. The Chairman said that if the Selectmen feel it is necessary and the Planning Board wants the areial v .photographs, it might be considered advantageous to the highways and a portion of the cost could be charged to Highway Maintenance. The Chairman explained that the last set of aerial photos were made back in 1928. He said that a set of aerial photographs could be of great value to the town and if a contract is signed now, the pictures can be taken before there is too much foliage on the trees. Mr. Cromwell'said that he has two bids and one more to come in. One bid is for $ 950. The Chairman asked if the Board of Selectmen was willing to go along with the Planning Board on the basis of 50% of the cost. Mr. Emery said that possibly the Board could do more than 50%. The Chairman said that in the first place Mr. Blackwell is going to be busy with the work already given to him and there is a possibility of a fall town meeting. He explained that it is difficult for the Superintendent of Public Works to operate his depart- ment if the Selectmen take money from his appropriation. He said that he thought only x,'$500 should be taken from the Highway account. If there is a fall town meeting and more money is required, there is no reason why the Planning Doard cannot ask for it. Mr. Emery moved that an amount not to exceed $500 be approved towards the aerial photographs and charged to the Highway Maintenance account. Mr. Gay seconded the motion, and it was so voted. Mr. Cromwell retired at 10:10 p.m. Mr. DTFo. infdrmedc'the Board that he has received a report from Metcalf & Eddy with reference to the possibility of a water supply for the Veterans! Hos- pital in Bedford. According to the report it is feasible to furnish water by going down Bedford Street and then down Westview Street. They recommend a twelve inch pipe. Mr. F7nery suggested that Mr. DeFoe find out what the total cost will be and then invite Dr. Adams of the hospital to meet with the Board. At that meeting the Board can ask them how much they are willing to pay and also settle the question of the ownership of the pipe. 385 Mr. DeFoe stated that he has received a proposal from Converse Hill for covering the proposed new school with insurance during the period of construction. This coverage will cost $ 484. for one year. The Chairman explained that there is no provision in the insurance budget for this item and said that he Insur- thought it should be paid for from the School ance Department budget. The Board agreed with the Chair- man. Mr. DeFoe was instructed to advise Mr. Grindle that the Selectmen are in favor of placing this insurance and having it charged to the school, and to send a copy of the letter to Mr. Wadsworth. Mr. DeFoe submitted a report of the check on cars at the Lincoln Street dump to each member of the Board. No action was taken. Mr. DeFoe submitted a list of quotations received for chains. Upon motion of Mr. Driscoll,. seconded by Mr. Gay, it was voted to authorize the Suptt. of Public Works to place ,an order for chains with the Standard ,Auto Gear Company at its quotation, which the Board understands to be a firm price, of $1,119.29. petition was received from the Boston Edison Company for the following: ,Pollen Road, approximately 290 feet southwest of Smith ,Avenue, one (1) pole. Follen Road, approximately 305 feet southwest of Smith Avenue, remove one (1) pole. This location was approved by the Town Engineer. Mr. Driscoll moved that the petition be approved and the order signed. Mr. Gay seconded the motion, and it was so voted., Letter was received from the Lexington Chamber of Commerce stating that the Board of Directors wish to be recorded in favor of granting a permit to the Middlesex and Boston Street Railway for a bus route beginning at Simonds Road and Bedford Street, continuing through Simonds Road, Burlington Street and Hancock Street to Lexington center. Letter was received from Mr. Lynch stating that he has examined the Board of Survey agreement, dated October 28, 1946, between the Town of Lexington and W. John and Frances May Baskin regarding the sub- division of Castle Road. 386 In view of the circumstances of this particular case he does not recommend enforcing the responsibility of the surety company or that anything further be done by the town in connection with the subdivision agree- ment. The matter, therefore, is now referred to the Planning Board for any alteration or the cancellation of the agreement. The Chairman read a letter from Mr. Lynch advising that there is a discrepancy between the figures submitted to the Board by Mrs. Sarano and her attorney, and those submitted to Mr. Lynch by the Collector of Taxes. Mr. Lynch recommended that the assessments on the Lincoln Street property in the amount of $1,254.65 be paid in full and that the balance of 417.7.68 be applied toward Lot 26 on Barrymeade Drive in the amount of 4171.92, and 45.76 be applied as a payment on account of Lot 25. Mr. Emery moved that Mr. Lynchts recommendations be approved and that he be instructed to proceed as outlined in his letter. Mr. Nickerson seconded the motion, and it was so voted. Further consideration was given to Mr. Thomas Walshtsoffer to purchase Lots 485 and 486 on Ames Avenue. Mr. Gay moved thata proposal to sel-1 be advertised in the Lexington Minute Man. Mr. Emery seconded the motion, and it was so voted. Letter was received from the American Bonding Company inquiring asto whether or not the work has been completed by the Custom Built Homes under sub- division policies 907434 and 9075.26. The Clerk was instructed to request the Sup►t. of Public Works to submit a report in detail as to the status of these projects. Contract f.or airplane spraying was held over from the last meeting. The Clerk informed the Board that Mr. Garrity said this contract was a copy of the one approved last year by Mr. Lynch. 387 Mr. Emery moved that the contract be signed. Spraying Mr. Driscoll seconded the motion, and it was so voted. Contract Application was received from the Lexington Allied Veterans Council requesting permission to use Cary Uses of Hall, for Memorial Day exercises on May 31. Halls Mr. Gay moved that the use of the hall be granted free of charge. Mr. Nickerson seconded the motion, and it,was so voted. Application was received from the War Parents of America for permission to conduct a business meeting in Estabrook Hall on the evening of May 26. Mr. Gay moved that the use of_the hall be granted free of charge. Mr. Nickerson seconded the motion, and it was so voted. Application was received from Warren Russell for a Common Victualler's license. Mr. Nickerson moved that the application be approved. Pyr. Driscoll seconded the motion, and it.was so voted. Letter was received from Richard Childs requesting an Innkeeper's License at 7 Adams Street. The decision of the Board was held over until the next meeting. The Chairman read a letter from Joseph Mara inquiring as to whether or not his present Public Carriage License, issued to Joseph V. Mara, d.b.a. Reliable Cab Company could be transferred to the Reliable Cab Company, Inc. The Clerk was instructed to advise Mr. Mara to request a new license after he has incorporated. The Clerk was instructed to inform the Chairman of the Board of Assessors that the Selectmen, after careful consideration, would like an opportunity to interview the remaining applicants for the position in the .Assessors' Department on Tuesday evening, May 25. The Board -agreed to aontinuethe policy of operating the offices in the 2'own Office Building on skeleton crews during the sur,Jner months of June, July and August. The meeting adjourned at 11:55 p.m. true record, Attest: Clerk, selectmen.