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HomeMy WebLinkAbout1948-07-12 442 SELECTMEN'S MEETING July 12, 1948 A regular meeting of the Board of Selectmen was held in the Selectmen's Room on Monday evening, July 12, 1948, a t 7:30 P.M. There were present : Chairman Paxton, Messrs. Emery, Gay, Driscoll and Nickerson. The Clerk was also present. A letter was received from Charles H. Mugridge, 123 Grant Street, stating that while driving his Complaint car on Grant Street he ran over a large rock and put a dent in the crankcase of his car. Mr. Mugridge stated that he did not know whether this caused any real damage to his car as he has not yet had it in- spected. The Chairman said this is the liability of the contractor and the Clerk was instructed to advise Mr. Mugridge that a copy of his letter has been sent to the Supt. of Public Works and the contractor notified. A petition was received from the Boston Edison Pole Company and the New England Tel. & Tel. Co. fbr Location permission to remove one pole on Cedar Street approximately 130 feet southeast of Homestead Street and to relocate one pole approximately 100 feet southeast of Homestead Street. Mr. Gay moved that the petition be approved and the order signed. Mr. Emery seconded the motion, and it was so voted. A petition was received from the Boston Edison Company and the New England Tel. & Tel. Co. for permission to place two (2 ) poles on Maple S reet, Pole northeasterly from a point approximately 3,260 feet Location northeast of Massachusetts Avenue. Mr. Gay moved that the petition be approved and the order signed. Mr. Emery seconded the motion, and it was so voted. A letter was received from the Commonwealth Cert. of of Massachusetts, Office of the Secretary, advising Incorp. that Charles L. Sturdevant, 40 Wachusett Drive, has filed an Application for a Certificate of Incorporation under the name of Marlborough Laboratories. a satisfaetbry character reference was received from the Chief of Police. Mr. Gay moved; 443 that the application be approved. Mr. Emery seconded the motion, and it was so voted. The Chairman read a letter from the Board of Public Welfare requesting a transfer of $6,000 to the Public Welfare Expenses account, and a transfer Transfers of $8,000 to the Old &ge Assistance Aid and Expenses held over account. The Chairman said that he had talked to the Town Accountant today and there is only $15,000 in the Reserve Fund. He said that it would not seem logical to make these two transfers and the only other possibility for obtaining the money would be a special town meeting. He informed the Board that there is also $9,400 to be paid in interest by December 1, 1948 and a town meeting should be called to take care of these items. At 7:40 P.M. Mr. Thomas Napoli met with the Board. Mr. Napoli stated that he has received a bill for interest on the deferred water betterment assessment. He stated that if he was willing to pay interest there Napoli would be no need of going through the procedure of Re: having it deferred. He said that he did not under- better- stand why interest should be charged on a deferred ment betterment assessment. The Chairman explained that assess- the Board had received a letter from the Town went Counsel stating that under the provisions of General Laws, Chapter 80, Section 13A, the Board of Selectmen, after making an order for the assessment of a betterment upon land which is not built upon, may extend the time of payment of the assessment until it is built upon or for a fixed time; interest however, at the rate of 4% per annum must be paid annually upon the assessment from the time the assess- ment was made. Mr. Napoli said that he did not see where his case came under Chapter 80. The Chairman explained that all betterment assessments come under Chapter 80. Mr. Napoli said that the work was not done for his benefit. The Chairman explained that ultimately the land is benefited and he did not believe there is any question but that this would come under Chapter 80. The Chairman explained that the Town Counsel is away for the rest of the month and asked Mr. Napoli if he would be willing to wait until the first of September, thereby giving the Board an opportunity to check this further. Mr. Napoli agreed and said that if it is going to cost him money he would pay it but he would pay it under protest. 444 .z, 1-41 Mr. Napoli retired at 7:45 P.M., and Messrs. Aruda and Kenney, applicants for a second class Agent's license, met with the Board. The Chairman explained that the Board has received a number of applications for a second class Agent' s license and many of the locations have no room to store cars. He further stated that the Board has also received complaints from authorized dealers. He asked the applicants to explain just what they have in mind. Mr. Aruda stated that he has a place to keep two cars. He now has two trucks and a pick- up truck. The Chairman said that where he now has two oil trucks and a pick-up truck, his garage facilities were pretty well taken care of. Mr. Aruda replied that he has a lot of land at the rear of his station upon which he pays taxes and he would like to make some use of it. The Chairman asked if this were a temporary arrangement or if Mr. Aruda planned to construct a garage. Mr. Aruda replied that he plans to have a garage at some later date. Mr. Kenney stated that they are trying to get the Dodge and Plymouth agency. Mr. Aruda said that he intends to tear down the present Approve gasoline station and put up a new building. Mr. 2nd Gay asked if there would be any space allowed for Class garaging and Mr. Aruda replied in the negative. Agent's Mr. Emery asked where the cars they intended to License sell would be kept. Mr. Aruda replied that he would keep them at the rear of his station. Mr. Kenney stated that he is in business in Concord and does not intend to keep more than two cars in Lexington. Mr. Emery asked if they intend to provide any service. Mr. Kenney replied that the cars would be sold with a thirty day guarantee. Messrs. Aruda and Kenney retired. t.t 7:55 P.M. Mr. Driscoll moved that the application be approved and the license signed. Mr. Gay seconded the motion, and it was so voted. The Chairman read a letter from Charles M. Complaint Copeland with reference to the water supply to his home on Ridge Road. A letter from Mr. DeFoe relative to the possibility of contamination of Mr. Copeland's well by cesspools that will be constructed for new homes being built in that area was read. Mr. DeFoe stated that he has investiggted the situation and feels that Mr. Copeland is unduly concerned. A report was received from the Health Inspector stating that the nearest point of sewage disposal is at least 445. 175 feet from Copeland' s well and it is his opinion that no possible contamination can be caused to the well. The Clerk was instructed to advise Mr. Copeland of the reports received from the Supt. of Public Works and the Health Inspector. The Chairman read a letter from Damon B. Stevens, 25 Highland Avenue, requesting a permit to Permit discharge firearms on his property for the purpose of exterminating vermin. Mr. Nickerson moved that a permit be issued under Section 39 of Article 14 of the general By-Laws providing the Chief of FO..lioe approves. Mr. Gay seconded the motion, and it was so voted. At 8:00 P.M. Mr. DeFoe, Supt. of Public Works met with the Board. He presented bids received from the Neptune Meter Company and the Pittsburgh Meter Company. He presented each member of the Board Bids with a copy. Upon motion of Mr. Emery, seconded by Mr. Driscoll, it was voted to authorize the Supt. of Public Works to place an order with the Neptune Meter Company for the following: ' 150 5/8" Trident with 5/8" connections @ 15.75 each 10 3/4" " " 3/4" connections 23.62 " 10 1" " " 1" " 34.65 " 1 2" Flanges " 2" " 94.50 " Mr. DeFoe informed the Board that the Hancock School is insured in the amount of $138,000. Mr. Paxton checked the appraisal made in 1945 and recommended additional coverage of $112,300. He said that the question arises as to whether or not the Board should place an additional $141,000. as requested by Converse Insur_ Hill, based on Mr. Greeley' s advice, or increase the since amount by $112,300. giving an insured value of $271,000. Upon motion of Mr. Emery seconded by Mr. Driscoll, it was voted to increase the insurance on the Hancock School by raising it to $275,000. Mr. DeFoe presented the Board with a sketch of the properties on Shade Street against which the water betterment assessments have been levied. Some weeks ago the Board approved the abatement of two betterment assessments and Mr. DeFoe recommend- Abatements ed the abatement of three more. The Chairman Better- explained that they should not have been assessed ment originally and there is a moral obligation to these Assess- people who have not requested abatements. Upon ments 446 motion of Mr. Emery, seconded by Mr. Driscoll, 1 it was voted that the Sup't. of Public Works be authorized to prepare abatement sheets on the following; Sergei and Cecelia P. Gaposchkih Lots 236 & 237A Shade Street $ 75.02 Charles W. & Robert L. Ryder, Trustees Lots 1 & 2 Shade Street 205.00 Mr. DeFoe stated that last year the Public Works Department intended to lay curbing on Woburn Street up to Utica Street but it was laid on both sides of Woburn Street to within 115 feet of Vine Street. He said he has no other requests for curbing except one from Father McCarthy. The Chairman explained that the Board has received requests from the Field Curbing and Garden Club for curbing at Emery Park. He Woburn suggested that 690 feet of curbing be laid on Street Woburn Street which will take care of the left hand side up to Utica Street and any curbing left over is to be used for Emery Park. The Board had no objections. Mr. DeFoe presented a blueprint of the proposed Chapter 90 construction work on Grove Street. He explained that the State will start work at Station #13 and go to Station #33. The Chairman asked if the work would be completed at that point and Mr. DeFoe said that is their estimate. The Chairman inquired as to the width of the roadway and Mr. DeFoe replied that it would be 24' with 3 ' shoulders. The Chair- man said that would be of no value because the shoulders would wash out. He explained that the State knows that the town has not had gravel shoulders since 1934. He said that if they wanted it 30' wide he approved that, but in his opinion they should not put in 3 ' gravel shoulders. Mr. Emery asked if the Board had any control. The Chairman suggested that Grove Street the Supt. of Public Works check with the State and inform them that the Town would like a 24' pavement with a 6" berm, but if they feel a 30' pavement is essential, oil it for 30' and then put a 6" berm to form a gutter. Mr. DeFoe said that he would endeavor to have this done. He then explained the drainage problem and the Chairman said he definitely thought the drains should be put in. Mr. DeFoe agreed. It was decided to have the proper drainage II 447 Alt in and construct uct the roadway as far as the money will allow. The Chairman said in his opinion the job would be of no value with- out proper drainage. Mr. DeFoe said he had received a request for the extension of a water main on Colony Water Road and agreed to present it to the Board. Main He said he would advise the petitioner that Request he will try to have the extension made this year. Mr. DeFoe presented each member of the Board with prices received for copper tubing. The Copper Chairman informed the Board that during thewar Tubing the only firm who supplied the town with copper tubing was Pierce Perry Co. Mr. Emery moved that the Suptt. of Public Works be authorized to place an order with the.PLerce Perry Co. for 10,0001 of 3" copper tubing and to place an order with the Red Hed Mfg. Co. for 2,0001 of 11° copper tubing. Mr. Gay seconded the motion, and it was so voted. The Board signed a contract for the construction of sewers and appurtenances, Contract "A", said Sign contract having been awarded to Greenough Bros. , Sewer Inc. of Waltham. Contract Mr. Burns, Town Engineers, and fourteen other persons met with the Board for the opening of bids for the construction of a water main in Grove Street. Bids received were as follows : Dingby Contracting Co. $ 30,025.00 Ctfd. Check 1,500.00 J. J. Duey Construction Co. 35,477.00 Ctfd. Check 1,700.00 Frank di Censo 28,986.50 Ctfd. Check 1,449.33 Greenough Bros. Inc. 27,959.00 Ctfd. Check 1,400.00 George Brox, Inc. 30,837.00 Ctfd. Check 1,541.85 II 448 Souci & De Santis Co. $ 26,310.00 Ctfd. Check 1,316.00 John Shea 27,913.00 Ctfd. Check 1,500.00 The group retired at 8:40 P.M. The Clerk was instructed to return the certified checks of all Water Cons. but the three low bidders. The Superintendent and Bids Town Engineer are to analyze these three bids and they are to be considered at the next meeting. The Chairman read a letter from Elwyn G. Pres- ton, Chairman of the Cary Memorial Building Trustees, with reference to the loud speaker purchased by the Trustees for Cary Hall ten years ago. Mr. Preston stated that he did not think the speaker should be repaired but that a new one should be purchased, Loud and that under the circumstances probably the town Speaker had better take over and either repair the old one or buy a new one. The Chairman said this would have to be included in the 1949 budget. W report was received from the Board of Fire Engineers together with a report from Lieutenant Geo. G. Neal of the Police Department with reference to Whiting the circumstances under which Call Fireman George Death G. Whiting met his deathwhile fighting a fire at the Mohawk Club on Cary Avenue, July 3d. The Board of Selectmen sincerely regrets the death of George G. Whiting which was the aftermath of the catastrophic house fire on Cary Avenue on on July 3, 1948. Mr. Whiting, who was appointed to the Department in August, 1942; was a loyal fire- man and a cnnseientious employee of the Town. The sympathy of the entire Board is extended to his family. ;,ic ansae Upon the motion of Mr. Emery, seconded by Mr. Driscoll, it was voted to approve and sign Wm. Viano's Sunday Movie license and Countryside Associates Sunday Golf License. 1 449 A letter was received from Mr. Lynch together in y g Em ent with an Order of Taking by eminent domain of an easement across land of Lexington Estates Trust. Domain Mr. Lynch requested the Board to execute the Order and have the original recorded. He also Taking enclosed a copy of a form letter to be sent to Mr. Ryder and his brother after the Order of Taking is recorded. The Clerk was invited to invite Mr. Ryder to meet with the Board on Monday, July 26th to further discuss the taking in connection with the proposed North and South Branches of the sewer projects. Upon the motion of Mr. Emery, seconded by Mr. Sidewalk Driscoll, it was voted that a granolithic side- walk be constructed on the southerly side of Massachusetts Avenue, a public way of the Town of Lexington, on property at 1780 to 1788 Massa- chusetts Avenue. The Clerk informed the Board that another complaint has been received from an individual who deposited 14 in the postage vending machine Revoke at the corner of Muzzey Street and Massachusetts License Avenue. Neither coins nor stamps were returned. Mr. Nickerson moved that the license be revoked immediately. Mr. Gay seconded the motion, and it was so voted. A report was received from the Memorial Day Transfer Committee to which was attached a list of expenses approved by the Committee. The total amount expended was $261.83 which is $11.83 in excess of the appropriation. Mr. Emery moved that the Appropriation Committee be requested to transfer the sum of $11.83 from the Reserve Fund to the Memorial Day Account. Mr. Driscoll seconded the motion, and it was so voted. The Chairman informed the Board that Represent- Selective ative Ferguson telephoned her and stated that the Service State is having some difficulty in obtaining some one from Lexington to serve on the Selective Sert o e Board. Mr. Ferguson would like the Board to recommend some individual. Mr. Driscoll recommended Edmund J. Costello and as an alternate, Eugene Buckley. 111 450 11* The Chairman read letters received from 11 Veterans relative to the progress they have made in the development of their plans and specifications for houses to be erected on the so-called "Poor Farm". Mr. James A. Collins, 10 Independence Road who drew Lot #8 and Mr. John C. Howland, 15 Independence Ave., who drew Lot #1, both stated that they desire to relinquish their lot. The Clerk was instructed to return the •$100 deposited. She was further instructed to write four veterans from whom no reply was received and ask them Veterans to advise the Board whether or not they intend to build on the lots. It was decided to have a Lots 2d drawing on July 26th for the five veterans who have written to the Board inquiring as to whether or not drawing any other lots are available. The Chairman read a letters from surrounding towns and cities relative to. the procedure for constructing new streets and assessing betterments therefor. No action was taken on the matter. The meeting adjourned at 10:50 P.R . A true record, Attest: , Clerk, S lectmen.