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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 1 452 zsD z. 011 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. 6 453 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 °54 •, 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 455 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: 456 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. 457 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. ) 1 458 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. 1 459 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. :01