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HomeMy WebLinkAbout1948-08-16473 SELECTMEN'S MEETING August 16, 1948 A regular meeting of the Board of Selectmen. was held in the.Selectmen's Room on Monday evening, August 16, 1948, at 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 Mr. Chapin, Veteran's Transfer Agent, informing the Board that the anticipated to Vet's expenses for his Department for the month of August Ben. Acc't., totalling $259 will leave a balance of $11.96. Mr. Finery moved that the Appropriation Committee be requested to transfer the sum of $500 from the Reserve Fund to the Veteran's Benefit Account. Mr. Driscoll seconded the motion, and it was so voted. Mr. Walker, Town Accountant, met with the Board and discussed at length finances of the town giving a comparison of the balance sheet with the period ending July 31, 1947 and the period ending July 31, 1948. Mr. Walker called the Board's attention to the fact that if the Town is to take advantage of money available under Chapter 645 for building the elementary school, application must be made before September 18th. Mr. Gay moved that application be made by the Chairman of the Board of Selectmen. Mr. Emery seconded the motion, and it was so voted. Mr. Walker retired at 8:25 p.m. Mr. Lynch, Town Counsel, and Mr. DeFoe, Supt. of Public Works, met with the Board to discuss gen- erally betterment assessments. Mr. Emery asked whether or not it is legal to make a different assessment per foot for different parcels, the abutters beim on the same street. Mr. Lynch replied in the negative. He said that it must be figured at the same rate for every one on the street. The Chairman said that from a practical point of view it should be, but from a legal point of view it did not have to be. Mr. Lynch explained that the Board is obligated to assess betterments. The total cost is first determined which includes street drainage and everything. The Betterment Assessment 474 total cost shotild then be apportioned among the assessable lots on a pro rata basis. He stated that then the important thing is determined, which the Statute states, in no event shall the amount of the betterment assessments be in excess of the advantage or benefit to a particular lot of land. He said that first the Board must analyze the benefit to each lot and determine whether or not, in the opinion of the Board, the property has been benefited to the number of dollars determined. He explained that the assessment cannot be more than the estimate filed at the Registry. The owner of the property can petition for an abatement of the assessment. The Board must then again determine if the amount of the assessment is in excess of the benefit or advantage and an abate- ment can be made. If the Board refuses to abate, the owner can then go to Court. Mr. Nickerson asked if the Board abated one assessment must the others be abated. Mr. Lynch replied in the negative and stated that the Board analyzes one particular property and ignores the remaining property during the analysis. He said that the Board does not have to concern itself with the rest of the land on the street. The Chairman asked if the Board had to take the total cost into consideration and Mr. Lynch replied in the affirmative. The Chairman said that from a practical point of view it would seem that all of the properties would have the same rate unless there is something particularly different about any one lot. The Chairman stated that Cherry Street, Taft Avenue, Cary Avenue and Sutherland Road were all done at one time and the chances are that these should be considered as one group. If there is no -charge for the drainage, he determined an average assessment per front foot of assessable property of $3.29. He stated that on Pine Knoll Road he figured an assess*ble cost of $3.61; on Brookside Street an assess*ble cost of $3.37; and on Spencer and Joseph Roads an assessable cost of $3.70. Mr. Emery asked if it were all right to leave out the corners. Mr. Lynch replied that he thought it was all right to leave out the corners but he dis- agreed with the approach. He said he did not believe the Board could leave out as a rule of thumb the drainage cost. He said that the Board could determine that the benefit to a particular piece of property is so many dollars and if it happens to coincide with the drainage it is all right. The Chairman stated 1 that the Board has not decided on anything yet. Mr. Lynch said that if the Board eliminated the drainage and it is ever questioned by Town Meet- ing it might prove embarrassing. He said the Board should determine the total cost, and then when the Board comes to assessing determine the betterments to each piece of property. Mr. DeFoe said that Mr. Milton F. Shaw of Grant Street was waiting outside and would like to meet with the Board. Mr. Lynch presented the Board with a plan showing Grant Street as a 50' street at the time that Shaw purchased his property. Mr. Lynch said that in order to get ready for the street they dug out the ledge staying on town property. At no time did they go on Shaw's property except one time they left a steep bank. This was levelled off. On Shaw's property the c esspoolwas then close to Grant Street. The Town Engineer started to put in a new cesspool. Mr. Shaw called Mr. Lynch and Mr. Burns also called Mr. Lynch. He said that he took a look at it and even though the town has not taken any of his land the town has no right to go in and damage the land. It is damaged by lack of support. He said that Mr. Shaw is not entitled to anything better than he had before but he is entitled to something for damage to his land. Mr. Lynch said that Mr. Burns stated that by cutting into the bank to reduce the sharpness of the drop, replacing his steps and sodding, he will have a sit- uation the same as he had before. Mr. Lynch said that he does not think the town should do anything on this land or Mr. Fuller's land until the Town has a definite agreement. Mr. Lynch said that even though Mr. Shaw was present at the meeting of the Board at the time Grant Street was discussed, and acquiesced, no agreement was entered into. Mr. Shaw met with the Board at 9:30 p.m. He said that he wanted to find out what the story is on Grant Street. The Chairman explained that the Board appreciates his position but unforunately there is no money for wells and that is all there is to it. It was not figured in the appropriation and there are no funds with which to build a wall. He explained that the engineer and Mr. DeFoe has been wicking on a plan on this and he believes they can work out something so that the slope will not be much 475 Mr. Lynch re: Grant St. 476 greater than it was previously. He said that if the town raises the back edge of the sidewalk from two feet above the center grade line of the street he thought they could have a slope fairly close to three to one. He said he thought this would work out well for Mr. Shaw and that the sidewalk would be considerably higher than it would be on the other side. Mr. Shaw stated that they laid it out and he looked at it. He said there is no place to park his car off the road. The Chairman said this is a disadvantage everyone has because we are not supposed to park cars on the road. They should be in the driveway. The Chairman said that in the winter time particularly the town doesn't want cars parked in the street. Mr. Shaw said that he is in a position where he just can't seem to do business with the Board of Appeals. The Chairman explained that the Selectmen have no jurisdiction over the Board of Appeals. The Chairman •explained that as far as the town is concerned in connection with all betterment streets they do arrange the ramp going into private driveways and if Mr. Shaw will let the Public Works Department know where he wants it they will fix it so that he will have a ramp where he wants the driveway. Mr. Shaw replied that he can't put in a driveway without excavating. The Chair- man explained that the dtiveway was Mr. Shaw's problem and not one for the town. Mr. Shaw said he thinks the main issue is the property being left in good shape, and he does not believe it is. The Chairman said that the Board does not know because the job is not finished yet. Mr. Shaw said that he could visualize it. He said that to his way of thinking any sort of slope is difficult to maintain; apt to wash and hard to mow. Mr. Gay asked if he were looking at this from the new plan or the way it is now and Mr. Shaw replied, "Either way." The Chairman said that he thought Mr. Shaw did not understand how the excavating would be done and what the finished dhoulder would look like. The Chairman said that according to the plan which he believes was drawn up recently, leaving the side- walk at the original design, it is only about six feet lower than the original grade at the right of way line. They went back 12' to get a one and one- half slope. Mr. Shaw replied that even so it is a considerable drop and will leave a 6' bank. 1 477 The Chairman again stated that :there are no funds for a wall. Mr. Shaw said that he thought the money could be obtained. :He 'stated that the whole street is being put in by the town at the request of the people living on Grant Street. A certain minimum job has to be done and they are all paying for it. He said that he maintains that to do the job in style as the rest of the job is being done, they will have to put in walls. The Chairman explained that Mr. Shaw was told at the meeting that the estimate was not based on wall construction. Mr. Shaw replied that that hearing was all very preliminary and there were no figures as to how far back the town was going on a person's land. He said that he spoke to Mr. Lynch not long ago and he was under the impression that there was no 10' grade possible there. Mr. Shaw said that he had no way of telling what the elevation was. He said that if the chairman cites that meeting as a place where this was talked over it was only preliminary. He said that at that time it was not decided what was to be done about the Richard's house. The Chairman explained that the Board knew that the Richard's property'had to be disposed of one way or another. Whether it was torn down or removed was incidental. It was more economical, however, to tear it down than to move it. He said that the Board knew the road was going where the Richard's house was located. The Board also knew that there was ledge there. He explained that every one was told that all slopes would be on private property. He said the Board recognized that the situation is unusual but there is absolutely no money in the appropriation to construct stonewalls. He said that the town would like to have the grade of the sidewalk where it belongs but there has to be sacrifices both ways. He said the only thing to do is to raise it up and make it as easy a slope as possible. It will be greater than the slope originally. He stated that he does not believe that the depression will be near what Mr. Shaw thinks it will be. The Chairman ex- plained that the town has not, over a period of years, put in stonewalls on betterment streets except when we have ERA and so forth. Mr. Shaw replied that the fact that it hes never been done should not carry much weight. He said that he thinks that this is a unique situation and the Board can't look back on the past. 1 478 The Chairman said that he could point out a steeper slope and mentioned Farmcrest Avenue and Kendall Road. He said it was sloped at a one and one-half and one slope and there was a house on the property. Mr. Shaw asked what the owner did. The Chairman explained that the owner wanted the street so he took the slope. He said that there Is no money for the wall and he thought that Mr. Shaw should try to realize that the Board will do everything it can to ease the problem without the construction of the wall. Mr. Shaw asked what was to prevent the Board of Selectmen from pro- posing at the Town Meeting that this be re -opened. The Chairman said that the Selectmen do not have to open it at the Town Meeting. It is up to the Board of Selectmen to determine the assessments and that the assessments have already been filed at the Registry. Mr. Shaw asked if they could be changed by law. Mr. Lynch replied that they cannot be changed. The Chairman said that some conclusion would have to be arrived at because the contractor is ready to move the shovel out. if no agreement can be reached it then becomesa matter for the court to determine whether or not Mr. Shaw gets a wall. He said that Mr. Shaw could say that all right, perhaps this slope would not be so bad and give the town a release to go in and do the job. The Chairman said that if he did he could rest assured that the public Works Department will make every effort to see that the grass grows or they will sod the slope. Mr. Shaw asked where the money for the sod was coming from. The Chairman said that the town had the sod. Mr. Shaw questioned how the labor would be paid for putting in the sod and the Chairman said that the labor for putting in the sod can't be compared with what it would cost to con- struct a wall. Mr. Shaw asked if the total appro- priation had been taken care of and the Chairman replied in the negative but stated that it will be by the time the work is completed, and that there is a greater amount of ledge encountered on Grant Street than was anticipated. Mr. Shaw said that he is not asking that the grade be left just as it was before. He said he had a slight grade before and would like to see a partial wall with about a four to one slope, and it would take a 51 to 6' wall. The Chairman said that a partial wall could cost between $4,000 and $5,000. Mr. Shaw said he would like to know what the decision of the Board is and the Chairman said that the decision is with 1 479 Mr. Shaw. He can give the town permission to go in and raise the grade to 3' above the gutter line; then to slope on his property and to see that grass grows on it. The Chairman explained that is one choice Mr. Shaw has. The other choice is not to permit the town to do it. It will just go along and be left in the rough condition. There would then probably have to be a court decision. Mr. Shaw said that if that is the way it is he does not want to see a court decision. Mr. Shaw said he thought the thing to do is just to leave it in the Board's hands. The Chair- man said, as he understood it, Mr. Shaw wanted to leave it up to the Board, and that the Board will make every effort to minimize the slope and sod it. Mr. Shaw replied that he thought he should have a wall and that is what he is going to try and get. He also said he would like cesspools filled over. The Chairman said that he had hoped an agreement could be reached on the slope but now Mr. Shaw says he is not going to be satisfied with any- thing but a wall. Mr. Shaw said that was correct. The Chairman addressed the Supt. of Public Works and said that if he had started to dig a cesspool, to fill it in and continue to construct the street. Mr. Shaw said that he thought he should have some steps. The Chairman said that nothing could be done on that and there will be no action brought at the next town meeting. Mr. Shaw said he thought it is only fair that he should be able to get in and out of the street in some decent fashion. Mr. Gay asked whose responsibility the steps are. Mr. Lynch replied that the steps are Mr. Shaw's respon- sibility and that they were on town property. Mr. Shaw said that he did not put the steps there; that Mr. Callahan, who built the house, put them there. The Chairman said the Board will do the best it can under the situation but Mr. Shaw leaves the Board in a difficult position. He stated that the Board told Mr. Shaw very definitely the day of the hearing that there was no money provided for walls. He said that Mr. Shaw must recall that on Grant Street the Board of Selectmen were recommending indefinite postponement, but that Mr. Shaw went to Town Meeting and presented the issue. The Chairman asked Mr. Shaw to retire for a few minutes. He left the meeting at 10:20 p.m. 480 Mr. Nickerson asked about the possiblility of a slide taking place and someone being injured. Mr. Lynch said that the Town is not responsible for Mr. Shaw's land. If the slide is out on the street the town would be responsible and the town has an obligation to keep the street and side- walk safe. Mr. Nickerson asked if the town could slope toward the back to a 21 cut and Mr. Lynch replied that the town would be trespassing and has no right there. Mr. Nickerson said that he meant on the sidewalk area. The Chairman said that is what he has been trying to work out. Mr. Nick- erson said that if the place is going to be left the way it is, it should be left so that there is as little danger as possible. Mr. Emery asked if the town put in the steps, would it hurt or help. the town's position. Mr. Lynch said it would hurt the town's position. The steps were on town property originally. Mr. Lynch said he would go this far; - if Mr. Shaw would give the town an ease- ment to go on to his land, the town would slope it and put in steps comparable to the steps that were there. But if the town can afford the land, adequate lateral support that is all the town is obligated to do. Mr. Lynch recommended that the Chairman ask Mr. Shaw definitely if he has had legal advice on this matter and if he replied in the negative tell him in view of the information the Board has, which the Town Counsel is not free to divulge, that it would be advisable for him to see an attorney. Mr. Shaw returned to the meeting at 10:35 p.m. The Chairman told Mr. Shaw that he did not have to answer the next question if he did not want to and proceeded to ask him if he has consulted an attorney. Mr. Shaw replied in the negative. The Chairman said tat the Board wanted to advise Mr. Shaw to consult an attorney because the Board wants him to be thoroughly familiar with his rights in this matter. The Board does not want him to feel that the Board is consulting an attorney and he has not had that advantage. The Chairman asked if in thinking this over in the period of time Mr. Shaw was out of the meeting he was still of the same opinion, that he is not going to be satisfied with any thing else other than a wall. Mr. Shaw said that was correct. The Chairman said that if Mr. Shaw would give the town a slope easement that will not in any way grant the town a release but 1.4 1 481 but it will just be a slope easement for the purpose of going in and sloping. The easement would be written by the Town Counsel and should be checked by Mr. Shawls counsel. The Chairman explained that the Board is gambling on this to the extent that the members of the Board feel that if Mr. Shaw will give the Board a permit to slope, without affecting his rights, that he will be satisfied enough so that he will not want to go any further. The Chairman said that if the Town Counsel draws up a slope easement', the Board would very definitely like Mr. Shaw to have it checked with a lawyer. He explained that if. Mr. Shaw does not want to give a slope easement the town will have to leave it in its present condition. Mr. Shaw said that he thought the thing for him to do was to engage counsel and see what he will say. He said that if he has no right in the matter his counsel will put him right. He stated the thing to do is to actually engage counsel and see whet he has to say about it. Mr. Shaw said that as far as going on the property, the town has already gone on the property fifteen feet and want- ed to know why they didntt continue. Mr. Lynch said that he would prefer to have Mr. Shaw see his attorney. Mr. Shaw asked why he should sign a release. Mr. Nickerson explained that it would not be a release but just a slope easement to do the work. Mr. Lynch suggested that Mr. Shawls attorney contact him. He said he would prefer not to discuss it with Mr. Shaw because he does not want him to feel that the Town is taking advantage of him and that if he will have his attorney call him he will be very glad to discuss the matter. In the meantime he suggests that the town not go in even to fill in the cesspool. If this can be worked out with Mr. Shawls attorney in the next few days, the town will move in immediately. He said that if Mr. Shaw will talk with his attorney and is told of the legal problems involved, he will understand the situation better. Mr. Shaw retired at 10:45 p.m. Mr. Lynch asked if he had the authority of the Board of Selectmen to negotiate with an attorney as indicated. Mr. Emery moved that Mr. Lynch be authorized to negotiate with Mr. Shawls attorney. Mr. Driscoll seconded the motion, and it was so voted. Mr. Lynch retired at 10:55 p.m. 482 Bids for Salt Mr. DeFoe requested permission to purchase salt and presented bids. Upon the motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to authorize the Suptt. of Public Works to place an order with the International Salt Company for 120 tons at their quotation of $11.40 per ton. Mr. DeFoe presented samples of namesletter by Wrico. Mr. Gay moved that the Engineering Department Wrico the names of veterans to be placed on the Honor present honor roll in front of Cary Memorial Building. Roll Mr. Nickerson seconded the motion, and it was so voted. Mr. DeFoe informed the Board that he had analyzed the low bids received for the construction of water main in North and Burlington Streets, Dingley Con- tracting Company being the low bidder. He said that he did not know anything about this concern and called Metcalf & Eddy who recommended favorably. Mr. Emery moved to award the contract for constructing water mains in North and Burlington Streets to Dingley Contracting Co. of Natick, the low bidder, who sub- mitted a price of $7,865. Mr. Nickerson seconded the motion, and it was so voted. Award contract Mr. DeFoe informed the Board that Mr. Cataldo had written a letter some time ago requesting to have the Cataldo sewer assessments levied against him delayed. The Sewer assessment amounts to $518.40. Mr. DeFoe presented Assess- a sketch showing the section in question. He stated went that the land is low farm land. The Chairman suggested that Mr. DeFoe have the necessary agreements pre- pared by Mr. Lynch for the Board's signature. Mr. DeFoe said that he had received requests for abatements for sewer assessments levied against four lots on Spencer Street. He presented a plan show- ing the properties and the Chairman explained the situation to the Board. The Assessments were filed against the abutters in error and as a resa.lt they were assessed although there was no construction. Mr. Emery moved that the Supt. of Public Works be authorized to prepare the necessary forms for abate- ment of sewer assessments levied against Lots E, part of F, C and D on Spencer Street. Mr. Driscoll seconded the motion, andit was so voted. Spencer Street Abatements Mr. Gay inquired about renting equipment on Richards and Robbins Road. Mr. Emery wanted to know if the equipment could be rented with the understanding that the abutter hire the operator. Mr. Driscoll said that he was opposed to renting of town equipment and brought the question up as to what would happen if the operator were injured. The Clerk was instructed to advise Mr. Ross, who originally petitioned for town equipment, that no change has been made in the vote passed by the Board whereby no town equipment shall be rented for use on private property, private ways or un- accepted streets. The Chairman said that he wished to be recorded as being in favor of renting town equipment. A petition was received from W. John Baskin, Homer W. Bartram and J. Calvin Bartlett requesting the installation of a water main on Henderson Road. Mr. DeFoe said that Mr. Baskin had advised him that he is not going through with Williams Road and if that is so it may be possible to install the water in Henderson Road. Mr. DeFoe retired at 11:25 p.m. 483. Renting of town equipment Water re- quest for Henderson Road The Chairman read a letter from John T. Black- well relative to the application received from the Lovell Bus Lines for a license to operate on Access Road. Mr. Blackwell informed the Board that from the information he has received it would seem to him that the Board would be justified in granting the license. Mr. Emery moved that the Lovell Bus Lines be granted a license to operate motor vehicles for hire over the following described route: "Over portions of the State owned highway leading to the Bedford Airport, known as Access'Road, located in the Town of Lex- ington, in either direction. Mr. Nickerson seconded the motion, and it was so voted. Upon motion of Mr. Emery, seconded by Mr. Driscoll, it was voted to grant the following licenses: Edward Watson 65 Reed Street Clifford F. Flack 41 Outlook Drive William Viano 1794 Mass. Avenue Countryside Associates Lowell Street Public Carriage Peddler (renewal) Sunday Movies Sunday Golf A decision relative to granting a public carriage license to -Edward Watson was held over from the last meeting. A satisfactory character reference was re- ceived from the Police Department. Mr. Nickerson moved that the license pe granted subject to Mr. Watson's Bus permil to operate over Access Road Public Carriage License 484 Apptt. to Board of Appeals Election Workers advising the clerk as to the location from which his business will be conducted and the number of cabs he expects to have. Mr. Gay seconded the motion, and it was so voted. The Chairman reported that he had talked with Mr. Locke who suggested the possibility of appoint- ing a member from the Board of Selectmen to serve on the Board of Appeals to fill the unexpired term caused by the death of J. Milton Brown. Mr. Emery moved that Thomas G. Lynch be appointed a member of the Board of Appeals to fill the unexpired term caused by the death of J. Milton Brown. Mr. Nickerson seconded the motion, and it was so voted. The Clerk informed the Board that it would be necessary to appoint additional election workers inasmuch as some of the individuals appointed on July 26th had declined. It was decided to make the following appointments: Precinct 3 Mrs. Elizabeth McCormack Teller Mrs. Gerald Turner (Alternate) Precinct 4 Harry Boyd Roy Johnson Harry F. Howard Thomas Napoli Leon A. Burke (Alternate) Frank Tobin (Alternate) Inspector Teller. Deputy Warden . Deputy Inspector The Chairman said that the Board should set a date for the Special Town Meeting and also a date for closing the warrant. It was decided to close the warrant on September 20th and to hold the Town Meeting on October 18th providing this date xdeets with the approval of the Moderator, Mr. Holt. The meeting adjourned at 12:05 p.m. A true record, Attest: le , electmen. 1