HomeMy WebLinkAbout1948-07-26 451
SELECTMEN'S MEETING
July 26, 1948
A regular meeting of the Board of Selectmen
was held in the Selectmen's Room on Monday evening,
July 26, 1948 at 7:30 P.M. There were present:
Chairman Paxton, Messrs. Emery, Gay, Driscoll,
and Nickerson. The Clerk was also present.
A hearing was held on the petition of the Pole
Boston Edison Company and the New England Tel. location
& Tel. Co. for the following pole location:
Bowman Street, westerly from the Lexingtibn-
Arlington lihe, five (5 ) poles.
There were three persons present, all in favor of
this permit being granted. There were no objections
and upon the motion of Mr. Emery, seconded by Mr.
Driscoll, it was voted that the petition be approved,
and the abutters retired.
At 7:45 P.M. Mr. Robert L. Ryder and Mr. DeFoe,
Supt. of Public Works met with the Board. The
Chairman explained that due to the urgency of the
work being completed on the North and South Branch
Vine Brook sewer it had been necessary to take the
easements by eminent domain, without reaching a
definite settlement. However, he thought a settle-
ment could be agreed upon and therefore wanted to
re-open the discussion. The Chairman said that he
understood that Mr. Ryder would be willing to change
his original request for a settlement insofar as
the Holmes meadow land was concerned, if he was
given an opportunity to bid on it when, as and if
the Planning Board deciddd it was not to be held
for future town development.
Mr. Ryder said that this was so but he did
have other suggestions . He wanted 300 feet of
new ditch to be back-filled with gravel, and the
fill from that ditch to be used in the open ditch.
Mr. Ryder said he would fill in the ditch if the
fill is dumped there, and would release the ease-
ment. He also requested two new catch-basins.
The Chairman asked if the members of the Board
had any questions and there were none. Mr. Ryder
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said he wanted the work done at once in order
that he might complete his work on Sherburne Road.
The Chairman asked Mr. Ryder if he would leave
the meeting for a few minutes and give the Board
an opportunity to discuss the subr,.lect. Mr. Ryder
agreed.
Mr. DeFoe said he preferred to do this work
himself rather than having a contractor do it but
he could not possibly start it until September.
He thought the approximate cost would be $7,500.
He said there had been about $10,000 allotted for
easements. Mr. Emery asked if there was any
damage to any other property owners and Mr. DeFoe
replied in the negative. The Chairman said he
thought the cleaning of the brook should be
charged to Highway Maintenance and not part of
the Ryder settlement, as this was work which the
town should have done some time ago. Mr. Emery
asked the Chairman if he thought Ryder' s proposition
was an equitable one and one that we should accept.
The Chairman replied in the affirmative. Mr. Gay
moved that we accept the Ryder offer which is to
clean the south branch of Vine Brook up to his
property line and extending 3001 to an angle
of his property line; the construction of a 36" drain
with adequate catch basins and gravel back filled,
the excess material being deposited in the aban-
doned ditch, the easement for whichthe Tdwri will
return to_ Mr. Ryder. Mr. Emery seconded the m6tion,
and it was so voted.
After a short interval Mr. Ryder returned to
the meeting and the Chairman explained that it
had been discussed in detail and the Board of
Selectmen had voted to comply with his request,
but that it would be difficult to do the work
before the first or second week in September but
they would do it sooner if it is possible. They
explained that they had no control over the Planning
Board but that they would suggest an extension. of
time for the completion of Sherburne Road if Mr.
Ryder thought this was necessary due to the inability
of the town to do the work at once. Mr. Ryder said
that as long as he knew when the work was to be
done that probably his contractor could do the other
work and then be ready to tie in with the Town in
September.
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Mr. Ryder brought up the subject of the
wood and said that he felt that he should
have it but that he could not remove it in
thirty days as specified in the easement, but
would be removed in due time. He said that he
had been provided with a plan showing the taking
of the South Branch and requested one showing
also the North Branch. Mr. DeFoe agreed to secure
this for him. He also mentioned the fact that a
temporary easement had not been taken, it being a
permanent easement all the way through. Mr. DeFoe
said he had not thought it necessary for a temporary
easement but agreed that it might be necessary for
one portion and that he would have it provided for
in the agreement. Mr. Ryder said that he was
satisfied with these arrangements and retired at
8;25 P.M.
Mr. James J. Carroll, Town Clerk, met with
the Board for the drawing of two jurors, as Jurors
follows :
Mr. Herbert P. Russell, 6 Berwick Road,
Office Manager, was drawn to serve on the First
Criminal Session, Sept. 8, 1948.
Mr. George V. Kropp, 19 Cedar Street, Chemist,
was drawn to serve on the First Criminal Session,
Sept. 8, 1948.
At 8:30 P.M. a second drawing of veterans lots
on Hill and Cedar Streets took place. These lots Second
had been relinquished by the original drawees and Drawing
the drawing was open to those veterans submitting of Vet' s
applications to the Board since the date of the Lots
first drawing. The lots were drawn by Mr. Alan
Adams and were awarded as follows :
Lot #10 to Karl Adler
Lot #11 to Vernon Lindahl
Lot # 6 to Claude Clarke
At 8:45 P.M. Mr. Milton Shaw of 142 Grant
Street met with the Board . Mr. Shaw explained that
there had been a serious cut made into his`l.and as
the result of building Grant Street and he had
lost 15' of his property. He said it would not be
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possible to have a lawn on this slope and he
felt that it had considerably depreciated the
value of his property unless the Town did some-
thing about a retaining wall. He said that he
had been before the Board of Appeals for a permit
for a garage and that the Board had felt that
it would not be a hardship for him to build a
wall in order to complete his garage; therefore,
the town having set the precedent he did not
think he was asking them to do something that
was unreasonable in order to maintain the value
of his property.
The Chairman called to Mr. Shawls attention
that at the hearing for Brant Street, before the
town voted to do the work, it was agreed that no
money would be provided for walls and that the
appropriation for Grant Street had been based
on that fact and there was now no money available
With' which to build a wall, which would cost about
$7,500, and would run in front of two properties.
Mr. Shaw presented a picture showing. the land as
it now exists. Mr. DeFoe presented a sketch which
showed the grades and after a further discussion
of possiblerades it was suggested that Mr. DeFoe
might be able to ork something out along that
line that would be agreeable both to Mr. Shaw
and the town. Mr. Shaw agreed to this and after
thanking the Board for their consideration retired
at 9:10 p.m.
Upon the motion of Mr. Emery, seconded by
Award Mr. Gay, it was voted to award the contract for
Bid laying the water main in Grove Street to Susi
Grove St. and DeSantis, Inc. , the low bidder.
A petition was received for sewer laterals
on Smyth and Reed Streets. The Clerk was in-
structed to advise the petitioners on Reed
Sewer Streets. The Clerk was instructed to advise
petition the petitioners on Reed Street that it would
for Smyth be impossible to service them at the present
& Reed lateral, and before it can be serviced, it will
Streets be necessary to construct a line down Reed
Street to the pumping station. Mr. DeFoe said
that he hoped to do something about Smyth Street
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when he did the work on Adams Street and an
order would be presented at a later date.
Mr. DeFoe said that the had received
a letter from Albert Ross who was contemplating
construction in Battle Gun Village requesting Water
water mains at that location. The Clerk was Request
instructed to advise Mr. Ross that at the
annual town meeting the Board of Survey regu-
lations were changed and now come under the
Planning Board and suggest that he consult
with them about the sub-division of his property.
A letter was read from Alfred P. Tropeano
requesting the installation of water on Eastern Water
Avenue to Fairland Avenue, upon Fairland Avenue Request
and upon Deering Avenue to Gafford Avenue. The
Clerk was instructed to advise Mr. Tropeano
that no money had been included in the budget
for this work and it would not be possible to
do the work this year.
Mr. DeFoe reported to the Board that he Authorize
' had talked with the Department of Public Works purchase
and with representatives of other towns and of street
could not find anyone who made a practice of marking
loaning their road marking machines. After a machine
discussion of the different makes of machines
Mr. Gay moved that the Supt. of Public Works
be authorized to purchase a Kelly Creswell
striping machine at a cost of $699.50 plus
freight of approximately $17.00. Mr. Nickerson
seconded the motion, and it was so voted.
Upon motion of Mr. Emery, seconded by Mr. Purchase
Gay, it was voted to authorize the Supt. of Coal
Public Works to purchase the coal for the
Cary Memorial Building and Town Office Build-
ing from Robert Fawcett & Sons Co. at their
price of $14,39 per ton, and the coal for the
Public Works Building from Lexington Coal
Company at their price of $14.54.
Mr. DeFoe presented each member of the Street
Board with a list of the street lighting requests Lights
and had plans showing the locations of the
lights. Upon motion of Mr. Emery, seconded by
Mr. Nickerson, it was voted to approve the
following:
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Liberty Avenue 4-800 Lumens C) $16.88
Barrymeade Drive 2-800 " " 33.76
Constitution Road 1-800 " " 16.88
Normandy Road 2-890 " " 16.88
Stedman Road 2-800 " " 16.88
Bow Street 1-6000
to replace 1-800 " " 37.52
Minute Man Market 1-6000 " " 54.40
It is understood that Mr. DeFoe will check further
on Follen Road, and also that he will contact
the agent for the Boston & Maine Railroad con-
cerning the lights at Depot Square.
Mr. beFoe presented each member of the Board
with a cofly of the bids submitted for canvas
Purchase for the floor of Cary Memorial Hall. Mr. Driscoll
canvas moved that the #6-21 oz . untreated canvas be
floor purchased from W. P. Palmer Co. , Inc. at their
covering price of $350.00. Mr. Emery seconded the motion,
and it was so voted.
Mr. Emery moved that Mr. DeFoe be authorized
to request bids for water construction in sundry
Bids streets to be presented at the next meeting. Mr.
Gay seconded the motion, and it was so voted.
A letter was read from D. F. Ross requesting
permission to hire town equipment to repair
Richard and Robbins Road. Mr. DeFoe was instructed
to check on this request and find out just what
Request to work would have to be done and report to the Board
Hire town at the next meeting.
equipment
A letter was received from the Board of
Health requesting that the Supt. of Public Works
Order be authorized to connect the sewer at 250
sewer Massachusetts Avenue as a health menace now
connection exists. Mr. Emery moved that this authorization
at the be given. Mr. Nickerson seconded the motion, and
request of it was so voted.
Bd. of
Health A letter was read from Clyde E. Steeves
stating that a town truck had backed into his
car causing damage in the amount of $45.00. Mr.
Steeves Emery moved that the Supit. of Public Works be
CAim authorized to pay the bill, charging it to the
Water Construction Account. Mr. Driscoll seconded
the motion, and it was so voted.
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It was decided to delay signing the deed Napoli
of property on Wood Street to Joseph Napoli Deed
until after further consideration by the
Town Counsel.
The reque2t of Mr. Gordon Robinson, 80
Hancock Street, to remove a maple tree on his Deny request
property was discussed at length. The Clerk for tree
was instructed to advise Mr. Robinson that it removal
would establish a precedent by removing trees
on private property which would seriously
affect the budget and it would not be possible
for the town to remove the tree at this time.
Similar requests have been disapproved.
A letter was read from Mrs. Marcella
Pyrjemski about filling being dumped on Zoar
Avenue. The Clerk was instructed to advise Mrs.
Pyrjemski that the matter would be investigated
and referred to the Town Counsel.
A letter of appreciation was read from the Parker
Stanley Hill Post American Legion, with a request Field
to use the Parker Field for a celebration on application
next July 4th. The Clerk was instructed to
advise the Legion that this Board did not make
a practice of making commitments so far in
advance, and suggest that they make another
application after the next annual town election.
An offer for lots 197-198 Rindge Avenue was
received from Joseph Moretti. The Clerk was
instructed to write Mr. Moretti and request him to
advise us the n*ber of the lots which he now
owns on Rindge Avenue.
A report of the Board of Public Welfare Report
and Old Age Assistance for mix months was
submitted, a copy having been mailed to each
member of the Board.
A letter of acknowledgement was read from
Mrs. Marian J. Wrightington.
It was unanimously voted to appoint the Election
following elections workers to serve until September Workers
1, 1949.
(see Selectmen' s Files "Election Workers"
1948. )
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458
A complaint was received from Mrs.
Ingeborg Swenson for damage done by dogs.
The Clerk was instructed to request the Dog
Officer for a report on this claim. The
Dogs second claim for damage done in 1945 was
denied inasmuch as it would have been necessary
for the claim to have been approved by a Select-
men in office at that time.
A letter of complaint from Adam Adamson
Complaint was read in which he said that people were
dumping along the roadside on Garfield Street.
This Was referred to the Board of Health.
At the request of Chief Rycroft, Mr. Gay
made the motion that George E. Richardson be
Special appointed Special Police Officer for a term
Police expiring March 31, 1949. Mr. Emery seconded
the motion, and it was so voted.
Upon the motion of Mr. Emery, seconded by
Mr. Driscoll, it was voted to appoint Thomas
App't. Lynch and Matthew P. Gorham as public weigh6rs
Weighers for a term expiring March 31, 1949.
A letter was read from Mr. Edward Watson,
65 Reed Street, applying for a permit to operate
Taxi a taxi in Lexington. The Clerk was instructed
Application to make an appointment for Mr. Watson to meet
with the Board on August 9th to discuss this
permit.
Upon motion of Mr. Emery, seconded by Mr.
Driscoll, it was voted to approve licenses for
Licenses Sunday golf and Sunday movies.
A letter was read from J. C. Penney $f
New York in connection with the Laymen's
Peace Movement for peace observance on Sunday,
Observance September 19th. The Rev. Mr. Handley had
Program advised the Clerk that the Lexington Council
of Churches would co-operate with this move-
ment if the requested proclamation is issued
but suggested waiting until further information
is received.
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459
A letter was received from Chief John
W. Rycroft advising the Board that he had
off eyed the assistance of his Department to
the own of Bedford during the sudden illness
of the Chief of their Department. The Board voted
to approve the action of the Chief.
The subject of betterment assessments was
discussed and it was decided to postpone this
until Thursday evening, July 29th.
The meeting adjourned at 11 :35 P.M.
A true record,
Attest:
Act ng Clerk, Selectmen.
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