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HomeMy WebLinkAbout1948-11-22SELECTMEN'S MEETING November 22, 1948 A regular meeting of the Board of Selectmen was held on Monday evening, November 22, 1948, at 7:30 P.M. There were present: Chairman Paxton, Messrs. Emery, Gay, Driscoll and Nickerson. The Clerk was also present. Mr. Carroll met with the Board for the drawing of three jurors. Mr. Roy A. Ferguson, 11 Berwick Road, was drawn to serve on criminal business, First Session. Mr. Joseph P. Waddleton, Norton Road, was drawn to serve on Civil Business, First Session. Mr. Earl G. Phillips, 12 Cedar Street, was drawn to serve on Civil Business, First Session. Mr. Carroll retired at 7,45 P.M. Mr. Walter H. Ballard met with the Board. He stated that he has read the reports from the various Departments and also a report from the State Inspector pertaining to the so-called Central Block property owned by George Scott. Mr. Ballard said that the Board might as well give some thought to inviting the Town Counsel to write Mr. Scott and make a direct request of him as is suggested in the State Inspector's letter, to sub- mit plans and specifications of the changes and improve- ments that he plans to make in order to comply with the Building Laws of the Town of Lexington and also General Laws df Massachusetts. He said that it appeared that the Board would have -to start some time or other and if the demand is made by the Town Counsel it will have more effect. Mr. Scott may possibly then delegate it to his attorney who may ask for more time. The Town Counsel can then ask just how much time they want. The Chair- man explained that the State Building Inspector's re- port is more or less confidential and the matter --of con- demning the building is a local problem. He explained that it was generally understood between the Division of of Public Safety and the Town Counsel that at no time would the town request the Division to go into court or to do anything that might prove to be ee;arrastingto it. Mr. Ballard said that he agreed with the statement made by the Chairman but it still leaves the Town Counsel free Jurors W. H. Ballard Re: Scott Building Old Fire Station to go ahead with the request that Mr. Scott file plans and specifications and what he proposes to do to comply with the Building Regulations of the Town and the statutory requirements. He said it is his suggestion to put Mr. Scott on notice. He stated that from an outside inspection he should think the Board would want more fire escapes or have the third floor of the building vacated. The Chairman said that the matter of vacating the third floor had been mentined by the Board at one time. The Chairman asked if Mr. Ballard's suggestion about writing Town Counsel met with the Board's approval. Mr. Emery suggested that Mr. Ballard contact Mr. Lynch. Mr. Ballard said that he would be very glad to discuss the matter with Mr. Lynch. He stated that after the meeting this evening he would write the Board a letter and it might be well to submit the letter to Mr. Lynch before next week. The Board agreed that Mr. Ballard should contact Mr. Lynch and discuss the possibility of having him write to Mr. Scott providing the suggestion meets with Mr. Lynch's approval. The Chairman informed Mr. Ballard that if It meets with the approval of the Town Counsel the letter may be written by the Town Counsel without coming to the Board. The Chairman read a letter from Mr. Lynch regarding the redress, if any, of property owners in the event the Board of Selectmen should deem it advisable to dis- continue parking in front of store blocks. Mr. Lynch stated in his letter that the Town has the power to govern the parking of automobiles by by-laws and these by-laws have uniformly been enforced by the courts. He stated that any regulations prohibiting parking in front of store blocks in order to relieve traffic congestion and permitting free and easy flow of traffic would, in his opinion, be a reasonable and warranted regulation. Under such a regulation park- ing could be discontinued in front of store blocks and the property owner, whether ornot he owned the fee in the public way, would have no redress against the Town. Mr. Ballard suggested that if the plans of the V. F. W. to move the old fire station do not mater- ialize, the Board might give some thought to having the Town authorize the Selectmen to receive bids and sell the land, the Board reserving the right to accept or reject any of the bids. C"� ONO Imo 1 I L Mr. Ballard further suggested that the Select- men advise the owners of the Hunt, O'Connell and Scott Blocks that they are considering the elimination of parking in front of their blocks. Mr. Ballard retired at 8:25 P.M. It was decided to postpone any action relative to notifying the property owners until definite action is taken on the installation of parking meters. Mr. DeFoe met with. the Board. He informed the Board thathe has received a request from Mr. Frothing - ham to obtain fill for the proposed memorial plaque. Mr. DeFoe said that he may have some extra fill from the various sewer projects. Mr. Driscoll moved that the Supt. of public Works be authorized to furnish fill be used in connection with the proposed memorial plaque. Mr. Gay seconded the motion, and it was so voted. Mr. DeFoe presented the Board with a sketch of the proposed installation of a sewer main in Eliot Road and explained that 83% of the property owners have signed a petition for this installation. Mr. Emery moved that the order be signed. Mr. Gay sec- onded the motion, and it was so voted. Mr. DeFoe informed the Board that he had a long discussion with Mr. Hughes, Dr. Winthrop Adams, Messrs. Carlson and Thompson from the Veteranst Administration relative to the installation of a water main to supply water to the Veterants Hospital in Bedford. He showed them the plans and gave them the estimate of the cost of construction. Mr. Hughes felt that the cost is a little low and said that if the Board had a legitimate reason for showing the cost higher it might be helpful. He suggested that the estimate include engineering charges and -contingencies. Mr. DeFoe stated that he has a new cost for the Board to consider bringing the total up to 0176,000.00 for 12,400 feet of lineal main. Mr. Hughes advised Mr. DeFoe that the representatives are not in a position to make any offer but thought that the town should not ask more than 8per 100 cubic feet for the water. At 9:00 P.M. the following representatives met with the Board. D. N. Officer Branch Office R. F. Hughes, Branch Office G. Carlson, Bedford Hospital J. F. Fitzgerald, Bedford Hospital A. C. Thompson, Central Office Elimination of Park- ing in Center Fill for Memorial Plaque to Sewer in Eliot Road Water at Veterans Hospital, Bedford Mr. Hughes stated that the group is very much interested in obtaining an additional water supply for the hospital in Bedford. At the present time they have two wells which is their sole. supply. The hospital has grown since the wells were installed and the quantity of water produced just meets their current needs and they feel they should have a better supply. Besides the possibility of this municipal connection they have attempted to explore the possibility of a third well. He stated that he does not have all the facts and figures together to make a decision as to whether or not that is advisable or possible. He said that they are not in a position to determine from an economic standpoint whether or not it would be more profitable from the Government standpoint to produce a third well or make the municipal connection. It is the government's policy to tie into a municipal supply if it is available, practical and with an economic justification to the agency. He informed the Board that the hospital is using about sixteen million cubic feet of water a day or 125 gallons a year. He explained that if a contract were entered into between the Town of Lexington and the hospital Mr. Fitzgerald would be the hospital's contacting officer. He said they have briefly discussed this in- stallation with Mr. DeFoe and it is their under- standing that there is about 11,400 feet of pipe involved tb reach a force which would be of such quantity and to get into the main at Westview Street. The Chairman asked if the hospital would use a total of sixteen million cubic feet from this new supply if they tied in, or would they consider it a subsidiary supply from which they might take possibly eleven million cubic feet. He asked if the Town of Lexington would be a total supply or an auxiliary supply and Mr. Hughes replied that this is a subject open for negotiation at present. He said there is good reason to believe that it would be better to tie in directly and expect to purchase sixteen million cubic feet. He said the hospital would never want to be cut off or entertain the idea of losing the wells so that in the case of an emergency they will always have a water supply. The Chairman explained that Lexington has been a relatively small town and is now feeling the effects of the growth. During the last few years it has been necessary to extend and strengthen the water system. In the last two years the town has spent x;200,000.00 for strengthening the system alone. IIe explained that this year only $50,000.00 was appropriated for strengthening the system. The Chairman explained that there is a 12" main on Bedford rTI I Street as far as Tewksbury Street and to continue up to Westview Street will cost approximately $176,000.00. He explained that there will be a Town Meeting in March and it will be necessary to ask for this money for just putting the main in. He stated that this past year .0250,000.00 was appropriated, of which $50,000.00 was for strengthening the system. He asked if the representatives had any idea how much the Federal Govern- ment might be willing to pay of the $176,000.00. Mr. Hughes replied that they felt that they could pay a reasonable share. The Chairman explained that the Board in discussing this figure of $176,000.00 felt that the cost of the town could contribute would be $50,000.00 that is normally appropriated to strengthen the system. This would leave a balance of $125,000.00 to be borne by the Federal Government. He explained that is about 30% to be paid by the town and 700 to be paid by the Government. He said that 050,000.00 is the maximum which the town will appropriate for strengthening the system. Mr. Hughes stated that he is not in a position to make any commitment but will present figures that are worked out together with the water rates into the Central Office. He must show estimates of what a third well will cost and the advantages and disadvantages of both. Once this information is presented to the Central Office Mr. Thompson will make specific reco- mendations as to whether a well is to be developed or the hospital should look to the town for relief. Mr. Officer explained that the Federal Government cannot finance constr- uction off the reservation or enter into a partnership agreement off the reservation. What they do will have to be in the manner of a connection fee, a lump sum after the physical connection has been made. The lump sum will be paid to the Town of Lexington upon completion of the project. The project would have to.be carried out by the Town of Lexington. The contract for water will have to be a separate phase of the matter. The Chairman said in view of this information it would revise the Board's thinking somewhat. He said the town would have to appropriate the $ 176,000.00, make the connection and then be reimbursed by the Federal Government. Mr. Officer replied that the Chairman's statement was cor- rect; until the physical connection has been made no payment can be made to the town. Mr. Hughes explained that he had a contract prepared, a copy of which he will leave with the Board. This contains government regulations which must be in any contract. He stated that this is merely a form and may have to be modified, but it does set forth a type of contract that is normally entered into. The Chairman read the form over and said that the Board recognizes that possibly a rate lower than 8¢ might be arrived at but the Board has not gone as low as 6¢ but had thought about a 1O' rate. Mr. Hughes explained that the figures used in the contract are purely suggestive and indicative of what theGoverrnrent is paying elsewhere. The Chairman said that he believed the present Board of Selectmen is anxious to have the connection made. The Board has checked with the Town of Bedford and with the M. D. C. but the rate discussed by the Board was 1Q¢ per 100 cubic feet. This rate would run straight. Mr. Thompson explained that a lower rate would be a better selling proposition. Mr. Officer said that this subject would be given very careful consideration by the Central Office. The Chairman asked if they would tell him just what they thought the maximum rate would be that the V. A. would pay. Mr. Hughes replied that he thought it would be 8g per 100 cubic feet. Mr. Carlson explained that they can pump water for much less than that under more pressure set up. Mr. Hughes asked if the connection fee could be amortized over a period of years and the Chairman said that the Board had not thought about it from that angle. The Chairman asked if they felt with a connection fee of $125,000.00 that a 10g rate would be too much. Mr. Officer replied in the affirmative. The Chairman asked if they would want an 8¢ rate with $125,000.00 connection and Mr. Officer replied in the affirmative. He said Ile did not believe he could sell a 10¢ rate with a $125,000.00 connection fee to the Central Office. The Chairman asked if he felt that the connection fee would have a better chance of being approved than the higher rate and Mr. Officer replied in the affirmative. Mr. Hughes explained that if the town should file for a request for revised rates the contract could provide for a change in the rate and the town would not be binding itself with a lower water rental rate indefinitely. The Chair- man said at the present moment it appears that the cost of water maintenance, repair, etc. would not affect the rate substantially. It is possible, how- ever, that the Legislature might do something that would affect the rate. The group agreed to retired at 9:45 P.M. while theBoard discussed the rates and returned to the meeting at 9:50 P.M. The Chairman asked, assuming the V. A. goes along on the $125,000.00 and the Town makes the connection, When this amount would be paid. 1 Mr. Officer replied that the payment would be made immediately. Mr. Hughes explaines that once the Board completes the invitation to bid, it goes to the Branch Office and then to Wash- ington for approval. He said that at the time the information goes to Washington a request could be made that the necessary funds be allocated to this station immediately. The day the water is put into the main payment will be made. The Chairman explained that the Board would go along on an 8¢ rate with a connection fee of 0.25,000.00 He explained that this would be a flat rate per 100 cubic feet. Mr. Hughes said it would help them if a letter could be written confirming this rate and cost of connection. The group retired at 10:12 P.M. The Chairman read a letter from the American Legion calling the Board's attention to the fact that To the glass encasing the honor roll was smeared with Paint grease. The Chairman said that he thought the honor Honor roll should be painted yearly, preferably prior to Roll April 19th. Mr. Driscoll moved that the Supt. of Yearly Public Works be authorized to paint the honor roll before April 19th. Mr. Nickerson seconded the motion, and it was so voted. The Chairman read a letter from Thomas L. Taylor, Administrator of the Estate of Ragna H. Goodmansen, relative to the betterment assessment levied against Better - the Goodmansen property on Cherry Street. The Clerk ment was instructed to advise Mr. Taylor that the Board Assess - had reviewed the situation and is of the opinion ments that the amount charged is comparable with the assess- ments levied against other properties on Cherry Street and does not warrant any reduction. Mr. DeFoe retired at 10:10 P.M. Mr. Alan Adams discussed briefly the possibility of a safety council and the Chairman asked how the Board felt about it, but the members had not given Safety the subject sufficient thought to arrive at any Council definite decision. The Chairman asked Mr. Adams to check with other towns in an effort to obtain more information and he agreed that he would talk with the Chief of Police and the Deputy Chief as to their opinions. A statement was received from the Secretary of the Commonwealth advising that an application for a certificate of incorporation had been received Certificate from Daniel A. Lynch and others, not residents of of Lexington, to incorporate as the Boston College Incorporation Alumni Association. Mr. Gay moved that the certificate of character be approved. Mr. Emery seconded the motion, and it was so voted. The Chairman read a letter from Elmer C. Houdlette stating that he has submitted his resig- nation as a member of the Board of Appeals to Mr. Errol Locke. Mr. Houdlette stated in his letter that it was with regret he resigned from the Board of Appeals and he hoped the Board would consider him should an opening occur in the future. Mr. Emery moved that Aiden L. Ripley be appointed a member of the Board of Appeals as a representative of the Planning Board to fill the vacancy caused by the resignation of Elmer C. Houdlette, whose term expires March 31, 1950. Mr. Nickerson seconded the motion, and it was so voted. A letter was received from Lawrence E. Stone, Permit Chairman of the Lexington Drum and Bugle Corps, requesting permission to parade from the Adams School to the High School on November 24th between the hours of 7:00 and 9:30 P.M. Mr. Gay moved that the request be approved subject to the approval of the Chief of Police. Mr. Nickerson seconded the motion, and it was so voted. Board of Appeals Speed Trap Legal Opinion The Chairman received a report from the Chief of Police relative to the speed trap that has been operated on Hancock Street. Mr. Gay informed the Board that his criticism was because of the fact that the trap, in his opinion, was not conducted long enough in the evening. The Chairman agreed to talk to the Chief of Police to find out whether or not it is possible and feasible to have the trap operated until 6:30 P.M. The Chairman read a letter from Mr. Lynch regard- ing the conve ance by the Town to Mr. Leslie Wood of lots on YouStreet and Webb Street. Mr. Lynch explained that all tax title property is acquired by the town under the statute and acquired without warranties of any kind. The burden of searching the title rests entirely with the purchaser. Mr. Lynch said it was his opinion that the town is in no way 1 obligated to Mr. Wood, either legally or morally. Mr. Nickerson moved that a copy of the Town Counsel's opinion be mailed to Mr. Wood. Mr. Emery seconded the motion, and it was so voted. The Chairman read a letter from Mr. Lynch relative to street construction betterment assessments. Mr. Lynch stated ih'ha letter that under the law no better- ment assessment can be made by any municipality until after the completion of the street construction in question. An estimate of the cost of construction must be filed at the Registry within 30 days after the adoption of an order for such improvement or accept- Betterments ance by the town. The ultimate acceptance cannot exceed the amount of such estimate but within this limitation must be determined by the Town within six months after the completion of the improvement. The Chairman read a letter from the medical panel consisting of Dr. Harold J. Crumb, for the Town of Lexington; Dr. Winthrop W. Harrington, for the applicant; and Dr. Edward F. Bowman, for the State Surgeon's office. This panel examined Officer Maguire, Retirement who has applied for accidental disability retirement. Officer The panel certified that Officer Maguire is physically Maguire incapacitated for further duty at this time and that such incapacity is likely to be permanent, and that the disability is such es, beyond reasonable doubt, to be caused by the accident or hazard undergone on account of which such retirement is so claimed and so recommended. Upon motion of Mr. Emery, seconded by Mr. Driscoll, it was voted to approve Officer Maguire's retirement to become effective December 1, 1948. The Chairman read a letter from the office of the Housing Expiditor requesting permission to review the plans, drawings and specifications filed with the application for building permits for houses in the Woodhaven Development. The request was also made that the plans be taken for the purpose of making photostatic copies. T --wad---1e-o-made--th --the--pi e--be- t,e kze3r ' or- Yhe- pkallixA5-e- o - -i:-i-n-t3.o#,oe#.a -i.o.-eo-.i-e.e The Chairman agreed to discuss this with the Town Counsel. Upon motion of Mr. Driscoll seconded by Mr. Gay, it was voted to sign the deed conveying Veterans' Lot #14 Cedar Street to Edith White. Request from Housing Expeditor Sign Vets Deed 10 Award Bid The Chairman read a memo from William Roger Greeley stating that the Lexington Historical Society voted unanimously to recommend to the Selectmen that they award the contract for alter- ations and renovations to the Buchman Tavern to the low bidder, Gordon Richards. Mr. Richard's bid was 07,440.00 and Custance Bros. bid was 57,812.00. Mr. Emery moved that the contract be 'awarded to Gordon Richards, the low bidder. Mr. Gay seconded the motion, and it was so voted. The meeting adjourned at 11:10 P.M. A true record, Attest: ler 1 S lectmen.