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HomeMy WebLinkAbout1948-06-28424 SELECTMEN'S MEETING June 28, 1948 A regular meeting of the Board of Selectmen was held in the Selectmen's Room on Monday evening, June 28th. There were present: Chairman Paxton, Messrs. Emery, Gay, Driscoll and Nicerson. The Clerk was also present. At 7:30 p.m. the hearing was declared open upon the application of the Lexington High School for per- mission to maintain one underground tank for the stor- age of 10,120 gallons of #5 fueloil at 1475 Massachu- setts Avenue. Mr. Webster Thomas, Chairman of the School Committee, and one other individual were present. Gasoline A notice of the hearing was ready by the Chairman. No persons appeared in opposition.' Upon motion of Mr. Hearing Emery, seconded by Mr. Driscoll, it was voted that the application be approved and the license granted. At 7:35 p.m. Mr. A. Edward Rowse, Chairman of the Committee on War Memorial, met with the Board. He said that his committee had suggested that he meet with the Selectmen to discuss primarily the Honor Roll. He informed the Board that his committee has had four or five meetings but any further dis- cussion is to be deferred until the fall. The Committee is of the opinion that the Honor Roll should have the names now listed inscribed on large sheets and if the Engineering Department or some Committee individual would copy the names the listing would be improved. The Chairman asked if Mr. Rowse thought on War the present listing of names on the Honor Roll was the only bad feature and Mr. Rowse replied in the Memorial affirmative. He explained that the Honor Roll is only temporary and until such time as a permanent and Honor memorial is established the present Honor Roll should be given some attentioh. The Chairman asked ie it Roll was agreeable to the Board to have the Sup►t. of Public Works check on the cost of having a new list of names prepared. The Board had no objections and Mr. Rowse retired at 7:45 p.m. 1 425 Mr. DeFoe, Supt. of Public Works, and Mr. Daniel A. Lynch, Town Counsel, met with the Board. The Chairman reported that there is a group of individuals who are attempting to purchase and sub- divide the Wheeler Estate. He explained that they have met with various members of the Board at different times. Mr. Bedford, in Arlington, talked with him and also a Mr. Beasley, The Chairman explained that he tried to have these gentlemen meet as a group with the Board of Selectmen. It is their desire to remove five million cubic yards of fill. The Chairman said that he told them he did not know how the other members of the Board felt but that he personally would be definitely opposed. Mr. Lynch said that he and Mr. Emery had told Removal of both gentlemen that they could not remove loam fill by unless it was incidental to erecting houses. Mr. group Emery explained that the meeting to which Mr. Lynch from referred was held at his house at the request of Mr. Arlington Danby, who was approached by Mr. Bedford and Mr. Purcell of the Arlington Board of Selectmen. They wanted to meet with a member of the Board of Select- men so Mr. Emery invited the Town Counsel and Mr. Adams of the Planning Board to be present. He said at that meeting there was no reference made to the removal of fill. They outlined it as a building development. They stated that they intended to level the land and build houses of a substantial nature, but nothing was said about removing the fill. Mr. Emery asked Mr. Bedford what his position was and he stated that he was an advisor. Mr. Gay said that he was approached by Mr. Horrigan of the Lexington Post Office. Mr. Gay told him he thought he could speak for the Board and it was his opinion that the Board would be opposed to the removal of fill. Mr. Driscoll said that he would like to make a motion that the Town Counsel be present when these individuals met with the Board. Mr. Lynch stated that he would be out of town. Mr. Driscoll said he thought the meeting should be postponed until the Town Counsel could be present. The Chairman said he thought the Board could meet with them and not enter into any agreement. Mr. Gay asked if this group had purchased the property. Mr. Lynch replied that up until the date of meeting with them there was no option. 426 Easement Leary Cataldo Easement Ryder re: Easements Mr. DeFoe requested signatures for Mill Brook and Vine Brook South Branch contracts including the easements. The Chairman explained that, first, the Board has the problem of the easements. Mr. DeFoe presented a plan of the trunk sewer and explained that Mr. Leary's property is'assessed $9.00 a year, and he wants an abatement for fifteen years. The Chairman said all the Board could do was to settle for $150 or less. Mr. Lynch said that he has sug- gested $100 as the Board may have to work up from there. The Chairman asked if the Town Counsel meant that the Town would take this property by eminent domain and then award $100. Mr. Lynch replied the Town should try to purchase it if possible. The Chairman asked if Mr. Leary would take $100. Mr. DeFoe replied that all he would listen to was a fifteen. year abatement of the taxes at 49.00 a year. Mr. DeFoe said he explained to Mr. Cataldo that if the Town took an easement he could still use the land. After the Town Counsel had prepared the order of taking for the Boardts consideration Mr. Cataldo said that he had talked to his attorney and he wanted to know what the Town would pay. Mr. Emery recommended $100. Mr. Lynch stated that it would be less expensive to the Town to take the property by eminent domain. The Chairman asked if on either of these two takings Mr. Lynch and Mr. DeFoe has the authority from the Board to try and settle with Leary and Cataldo, starting at $100 and not exceeding $150. Mr. Emery _ so moved and Mr. Gay seconded the motion. Mr. Lynch asked if the Board desired to approve the orders of taking in the event it is not possible to arrive at a settlement. Mr. Emery moved that the orders of taking be signed subject to negotiating; to be used in the event it will not be possible to settle. Mr. Nickerson seconded the motion and it was so voted. The Chairman requested the Sup't. of Public Works to advise the Clerk Of the Board whether or not the orders were to be filed. Mr. DeFoe presented a plan of easements for sewerage and drainage Project "A" South Branch Vine Brook. Mr. DeFoe informed the Board that Robert Ryder wants the Town to return to him the easement it now has, run the drain down Winthrop Road to 427 Vine Brook and the return of the Holmes Land which the Town took some years ado. He also wants Vine Brook cleaned from Vine Brook Road to Belcastro's which is about 5,200 feet. The Chairman said that cleaning the brook is something that should have been done ten years ago. He asked what the Board wanted to do on these requests. Mr. Emery asked what was the Chairman's opinion. The Chairman said that he thought the Town should clean the brook. He said that it would be an advantage to Mr. Ryder but he also thinks it would be an advantage to the Town to get the 36" pipe coming down to the culvert. As far as the Holmes Land is concerned the Selectmen are not free agents. The Planning Board wants to keep it for study. If Mr. Ryder gets the main pipe in Ryder re: he will receive a certain benefit out of it and a minimum benefit is 50% of the total cost of the Easements job. The Town of Lexington will be paying $5,000 for the easement..: The Chairman said that he thought that was a very substantial sum. Mr. Emery asked how many square .feet of easement will be taken. The Chairman replied that there will be 143,200 square feet. Mr. Emery said that at 10¢ a foot that will amount to approximately $15,000. The Chairman recommended that Mr. Ryder be invited to meet with the Board of Selectmen at which time both the North and South Branches would be discussed. It w s decided to invite Mr. Ryder to meet with the oard on Friday, July second, at which time the T n Counsel is also to be present. The Board signed the contract for the Mill Brook Sewer project. Mr. DeFoe requested authorization for installing a water mainat the new elementary school on Adams Street. He said that according to the school plan they desired a main from Adams Street around the school and connecting at Colony Road. They are asking for 16001 of 6" pipe but he recommends an 8"pipe. The Chairman said that this is a supply line for the school and if a 6" pipe is satisfactory to them he did not think it was necessary to install a larger pipe. He suggested that the weekly payroll be charged to the School Department. Mr. DeFoe. said he had already paid for the pipe and the Chair- man explained that it would be necessary for him to get a Departmental transfer. Sign Contract Install water main at Adams School 428 Order water pipe Authorize purchase of pump Authorize purchase of lift Authorize purchase of sewer pipe Mr. DeFoe requested permission to purchase. 4,000' of 6" past iron water pipe at $1.63 and 912' of 10" cast iron water pipe at $3.11. Mr. Emery moved that Mr. DeFoe be authorized to purchase the required pipe. Mr. Gay seconded the motion, and it was so voted. Mr. DeFoe requested permission to purchase • another Jaeger. Diaphragm pump at a cost of $380. He explained that he will receive an allowance of $30 for an old pump that has not been used for several years. The Chairman asked if he were satisfied with the first Jaeger pump and he replied in the affirmative. Mr. Gay moved that the Supt. be authorized to place tan order for one Jaeger Diaphragm pump at a cost of $380 less $30 allowance for the used unit. Mr. Nickerson seconded the motion, and it was so voted. Mr. Lynch retired at 8:30 p.m. Mr. DeFoe presented a list of bids for a truck lift. He explained the operation of the hoist and recommended purchasing a split rail type lift. Mr. Gay moved that Mr. DeFoe be authorized to -place an order with the Standard Auto Gear Co., Inc. for a -Joyce truck lift at' their net quotation of $1,090, Mr. Pinery seconded the motion, and it was so voted. Mr. DeFoe requested permission to purchase one car of 8" sewer pipe. He explained that he received three quotations and -they are all 45g4er linear foot. Mr. Nickerson moved that the Sup't. of Public Works be authorized to place an order with the Lexixigton-tdmberCalflpagy for the purchase of one car of 8" sewer pipe at the net price of 45$ per linear foot. Mr. Driscoll seconded the motion, and it was'so voted. Mr. DeFoe presented a list of bids received for floor Qovering for Cary Memorial Building. He also presented samples of material submitted with the bids. Mr. Nickerson asked from what concern the present covering was purchased and Mr. DeFoe replied that it was obtained from Harrington King & Co. It was decided to post- pone any decision on placing an order until July 12th. Clo 1 1 L Mr. DeFoe was requested to ask for bids from Canvas Harrington King & Co., John W. Gately Sons Bids Inc., and William H. Breen Canvas Co. Mr. DeFoe retired at 9:05 p.m. and Mr. Warren met with the Board. He explained that he was the spokesman for the residents of Precinct #4 who are very much dis- satisfied with the way the dump on Lincoln Street is being handled. He said that most of the men do not arrive home in Lexington until six o'clock and by the time they have supper and go to the dump it is closed. The Chairman explained that the Board of Selectmen had a survey made on the number of people who went to the dump after 5:30 at night; the survey taken for an entire week, and the few people who want to the dump started fires and numerous complaints were received. The Chairman explained that the Board would check into the matter and see what could be done. Mr. Warren retired at 9:15 p.m. Mr. Chapin, Director of Veteran's Benefits, met with the Board. The Chairman read a report of finances of the Veteran's Benefits Department from January first to June 1, 1948. The balance as of June 1 is $ 685.64. Mr. Chapin reported on all the active cases and also on the permanent and temporary cases. The Chairman said that it is possible that there may be a town meeting in the fall at which time money could be made available for the Veteran's Benefits if necessary. In the event that, there is not a town meeting a transfer may be requested. He suggested that Mr. -Chapin submit a report to the Board in Septem- ber. Mr. Chapin retired at 9:25 p.m. and Mr. DeFoe returned to the meeting. • Mr. DeFoe requested permission to purchase a street marking machine. He said he had investigated several machines and there are two that he believes do a good job. One is the Kelly -Creswell striper which sells for $699.50 plus $17.00 for freight. The other is the Melli-Bloomberg which sells for $485 F.O.B. Lexington. He said he believed the Kelly -Creswell was by far the better type machine. The Chairman said that the State and the M.D.C. use Kelly -Creswell and'it would appear to him to 429 Complaint re: Dump Report of Director' of Vets Benefits 430 Permission denied to purchase striping machine be the better unit. Mr. Finery asked the Chair- man if he thought the town needed this machine. The Chairman replied that for the safety on the highways he did think the town needed. it. He said that the Chief of Police has 'said the best thin we had for controlling speed was white line markings. The Chairman explained that the machine would not be used too much in the course of a year but a few years ago when the Town was paying 50¢ for labor they were spending between $700-$800 a year for line painting of which $100 was for paint.. Within a year and a half the cost of the machine will have been paid for. Mr. Finery said that it seem as if the Town should have a machine but it does seem to him impractical to buy a piece of equipment that will be used only one or two weeks during the year. He asked if it would be possible to borrow a machine from some other town. The Chairman said that the border line towns would be using their machines just when the Town of Lexington would want them. The smaller towns do not have machines. Mr. Driscoll said he thought the Board should look into this further and that it might be possible to rent a machine or have the work done by a contractor. Mr. Emery asked .what towns owned striping machines. Mr. DeFoe said that both Arlington and Belmont have them and if Lexington borrows equipment from other towns then they may be asked to rent some of their equipment Mr. Finery said he was inclined to agree with Mr. Driscoll to find out whether_or not there was a possibility of renting this equipment from the Town of Arlington or some other town. Mr. Nickerson suggested that if the Town of Lexington purchases the machine it might be well to advertise the fact to the Towns of Burlington and Bedford who do not have machines. He further stated that if machine can be purchased and pay for itself within a year he could see no objection to the fact that it might be idle •a great part -of the time. The Chairman suggested the Supt. of Public Works check with contractors to paint traffic lines and also check with the dealers to determine whether or not they rent these units. 0-22 1 431. Mr. DeFoe requested permission to purchase Purchase decals for identification. He said he could buy of decals 500 10" at 60fi each or 500 8" at 50/ each. The postponed Chairman said that he thought the Supt. of Public Works had more important things to take care of without bothering with these seals right now. The Board agreed and no action was taken on the request. Mr. DeFoe stated that he has received a request for the installation of water mains on James Street and Rangeway Road. Only 21 signatures out of 72 property owners had been received. Mr. Gay moved that any decision be deferred in view of the large amount of work the Public Works Department has to do and also the lack of required signatures. Mr. Driscoll seconded the motion, and it was so voted. The Chairman read a letter from the Town Counsel regarding the claim of Charles D. Smiley of Needham for damages to his car resulting from an alleged defect in the highway at the intersection of Marrett Road and Waltham Street. Mr. Lynch stated that even though the claim is small it is his opinion that no voluntary payment should be made lest it give rise to a series of similar claims. Mr. DeFoe stated that he has received a request from Mr. Lidberg to lower the ditch near the junction of East and Adams Streets. He explained that the ditch runs parafldl to the new road going to the new school. Mr. DeFoe told Mr. Lidberg that the Town has no responsibility. The Chairman asked if the present ditch channel is higher than the culvert. Mr. DeFoe replied that he would guess it is. The Chairman said that the town has a responsibility to keep this brook clean and that it is a maintenance proposition. He suggested that Mr. DeFoe present a drainage project in his 1949 budget for his area. He instructed the Supt. to contact Mr. Porter to determine whether or not he would have any objections to having the ditch cleaned out. Mr. DeFoe informed the Board that he has received a request to have oil on Sunnyknoll Avenue after the sewer construction. The Chairman said that this would cost about $200 and he felt that the request should be granted. Mr. Driscoll moved that the Supt. bb authorized to oil down Sunnyknoll Avenue at a cost not to exceed $200. Mr. Emery seconded the motion, and it was so voted. Water main James & Ridgeway deferred Deny claim for damages Lower ditch East & Adams Streets Oil down Sunnyknoll Avenue 432 Mr. DeFoe presented a sketch showinga total of 999.76 feet on Pine Knoll Road belong- ing to Baskin of which 901.31 feet is not assess- able. He explained that on the other side of the street there is a total frontage of 1067.46 feet and an assessable frontage of 991.05 feet. He stated that the total cost of the street construction was Baskin $8,077.20. The drainage cost was $3,023.20 making a total of $11,100.40. The cost per foot on the Assessment assessable frontage was $5.80._":He explained that the total assessment on Baskin's Lot "W" was+a total of $5,612.00. The Chairman read a letter from Mr. Lynch regarding the betterment assessment against the Baskin property. Mr. Lynch stated that in his opinion the law does not permit a solution to Mr. Baskin's problem through; the Board of Appeals. The Chairman said that the Board must decide this on the basis of approximately 147 foot frontage in which case Baskin can only get in six lots. 'On six lots he has a betterment assess- ment of $3,500. It was decided to give this problem further consideration and arrive at a de- dision Friday night. The Chairman read a letter from the Arlington Gas Light Company requesting permission to extend a main in Woburn and Vine Streets. The proposed Gas extension extension was checked and approved by the Town approved Engineer. Mr. Emery moved that the request be granted. Mr. Nickerson seconded the motion, and .it was so voted. Trees The Chairman read a letter from Gordon W. Robinson, 80 Hancock Street, stating that one of the maple trees directly in front of his house has died of.a disease Which Mr. Garrjty claims is likely to spread to other trees including the large elm near by owned by the town. Mr. Robinson stated that he can not afford to have the tree removed. A letter was received from Mr. Garrity stating that the tree mentioned in Mr. Robinson's letter had died and will in his opinion spread through the root systems to the trees and Mr. Garrity recommended that the three be cutdown immediately. * x'4,894.00. On the other lot the assessment was 718.00 making a 433 He explained it is entirely.up to the Board whether or not it to be cut down inasmuch as it is on private property. The Clerk was instructed to inquire as to how much of a balance Mr. Garrity has in his account. The Chairman read a letter from Mr. Carroll Bids in which he listed the bidders on the $ 95,000 loan Hancock for remodelling the Hancock School. Mr. Emery School moved that the bid of Laidlaw and Company of Boston, the highest bidder, $100.276 at ij% be accepted. Mr. Driscoll seconded the motion, and it was so voted. The Chairman informed the Board that N. Harold Mortensen of Waltham, Mass., had requested permission to obstruct the sidewalk in front of the Hunt Block for about a period of one week, at Which time the Permit building is to be painted. Mr. Mortensen left with the Clerk of the Board a bond in the sum of $1,000. Mr. Emery moved the permit be granted for a period beginning Tuesday, June 29th through Saturday, July 3d. Mr. Gay seconded the motion, and it was so voted. Mr. DeFoe retired at 11:00 p.m. A letter was received from Mr. Lynch r egarding Appoint - the appointment of election officers. Mr. Lynch ment stated that it is his opinion that the Board of of Selectmen have the sole and exclusive power under Election the law to appoint election officers. The Chairman Officers suggested that the Clerk check with Mr. Carroll to ask him to submit a list of names of individuals whom he thinks might prove to be satisfactory workers. A letter was received from the Women's Association of the Hancock Church requesting permission to conduct a rummage sale in the Barnes property on Saturday, Septlember 25th. Mr. Gay moved that the use of the Barnes building be granted subject to a permit being property'', obtained from the Board of Health. Mr. Driscoll seconded the motion, and it was so voted... A letter was received from the Planning Board together with a bill for $950 from the Eastern Aerial Surveys Inc. The Planning Board is to pay $450 out of the $3,500 appropriation and the balance of $500 is to be charged to the Highway Department. Mr. Emery moved that the bill be approved and put through for payment. Mr. Gay seconded the motion, and it was so voted. Planning Board 434 Tax Title Tax Title Use of Hall Use of Hall Licenses A letter was received from Thomas Walsh, 6 Ames Avenue, offering $50 for Lots 483-484 Ames Avenue. The Chairman explained to the Board that Mr. Walsh has recently purchased lots 485- 486 at which time he thought he was buying the lots 483-484. Mr. Gay moved that the offer be accepted without advertising and that lots 483- 484 Ames Avenue be sold and conveyed to Thomas Walsh. Mr. Emery seconded the motion, and it was so voted. A letter was received from Joseph J. Napoli to which was attached a check in the amount of $75.00, the price set by the Board for a certain small and irregular piece of property containing about 1700 square feet'now owned by the Town and located on Wood Street. Mr. Emery moved thatihis parcel of land be sold and conveyed to Mr. Napoli without advertising. Mr. Driscoll seconded the motion, and it was so voted. An application was received from the Lexington P. T. A. for permission to conduct a school of instruction in Estabrook Hall on Saturday, September 21, from 10:00 a.m. to 2:30 p.m. Mr. Emery moved that the use of the hall be granted free of charge. Mr. Gay seconded the motion, and it was so voted. An application was received from the American Legion requesting permission to use Cary Memorial Hall on the evening of September 15th from 8:00 p.m. to 12:00 p.m. for the installation of officers. Mr. Emery moved that the use of the hall be gganted free of charge. Mr. Driscoll seconded the motion, and it was so voted. On motion of Mr. Emery seconded by Mr. Gay, it was voted to grant the following licenses: Chester Ludwig 16 Vine Street William Viano 1794 Mass. Avenue Countryside Assoc. Lowell Street Aruda & Kenney 329 Mass. Avenue Peddler (renewal) Sunday Movies " Sunday Golf 2nd Class Agentfe license 435 The Chairman read a memorandum from Mr. Emery stating that he attended the meeting of the Board of Outdoor Advertising Authority at 100 Nashua Street on June 18th with reference to the application of the Birch Company for permits to maintain advertising signs on the so-called Central Block, 1835 Massachusetts Avenue. It turned out that the Birch Company is main- taining, and was applying for renewal to continue Report maintaining, signs not only on the end of this block on facing Emery Park, but also the other end facing hearing Bunkman Tavern Grounds. on It was Mr. Emery's feeling that the Board did signs not realize that this application has to do with two signs, facing Buckman Tavern, and accordingly, although the Board of Selectmen had indicated no particular oppositon to Mr. Birchis application when it emme-before the Board of Selectmen, he, Mr. Emery, felt that if the Board at that time had realized that the two signs facing Bunkman Tavern were involved the Board would have probably been opposed to the con- tinuation of these two signs. Accordingly, 'Mr. Emery took the liberty of recording the Board of Selectmen as opposed to a renewal of any permit to maintain these two signs. He further registered the Board of Selectmen as feeling that any advertising matter on.t his end of the Central Block was most inappropriate since it is partially visible from the Common and grounds of the Buckman Tavern. Mr. Driscoll moved that the action taken by Mr. Emery be ratified. Mr. Gay seconded the motion, and it was so voted. Mr. Emery moved that the water orders for Home- Sign stead and Grove Streets be signed. Mr. Driscoll sit seconded the motion, and it was so voted. (Orders orders on file in Selectmen's Office) The Clerk informed the Board that Mr. Zuretti, nephew of William Viano, had inquired about using Ambulance the Veteran's ambulance to transport Mr. Viano to request New Hampshire. Inasmuch as this isnot an emergency denied the request was denied. The Chairman informed the Board that Doctor Wells had called the Selectmen's Office and left word that the Rotary Club is to sponsor a Jimmy Day July 3d and he would like a proclamation from the Selectmen. The members of the Board preferred to have a letter published in the Lexington Minute -Man rather than to issue a proclamation. The meeting adjourned at 11:30 p.m. A true record, Attest: 7 electmen.