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HomeMy WebLinkAbout1949-04-25 170 ZL SELECTMEN'S MEETING April 25, 1949 , A regular meeting of the Board of Selectmen was held in the Selectmen's Room on Monday evening, April 25, 1949. There were present: Chairman Emery, Messrs. Driscoll, Nickerson and Hoyt. The Clerk was also present. At 7 :30 P. M. ,Mr. J. S. Conlon, manager of the Boston &- Maine Transportation Co. and one other in- dividual, a representative of the company met with the Board to discuss the petition for a license to operate motor vehicles for the carriage of passengers Bus for hire upon certain streets in the town. Mr. Conlon Permit explained that his company has been asked from time to time to carry passengers intrastate along the route they now operate from New Hampshire to Boston. They now have the authority to go from Lexington Center into Boston. The purpose for naming the Lexington Station the limit on the application was to tie this in with the route they already have from Lexington to Boston, which is part of the whole operation fromiFitchburg and Bellows Falls . Mr. Conlon explained that the re- quest is principally to take care Of people in other towns who now do not have good service to and from Boston. They have been operating only one trip but since the war there has been development in .the South Billerica area and a demand for transportation. He explained that this is something the D. P. U. will Settle in the event the Town of Lexington grants the license. The Chairman asked if this was the same bus that comes down to Lexington at 9 :15 A. M., stops at the station and goes into Park Square. Mr. Conlon replied in the affirm- ative and said that they were thinking of putting on two additional trips making a total of three. He explained they do not want to take any passengers that would inter- fere with the Boston & Maine . This subject has been discussed with the Boston & Maine before the application was filed. Mr. Conlon stated that -his company has had authority to come into Lexington Center for over twenty years. However, they cannot pick up anyone along the route after leaving Lexington. The Chairman aeked if they would explain their route and Mr. Conlon stated that when they were oper- ating several trips between Fitchbur and -Boston they used to 'run some of them down Route #2A and some of them through Lexington. The D. P. U. prevented them from operating more than three busses through Lexington Center. The permit was front the Arlington line over 111 Massachusetts Avenue Middle, School and Marrett Streets, known as the Mohawk Highway . 171 The Chairman asked if all the busses ran from Fitch- burg. Mr. Conlon replied that at that time they did. At the present time they operate one day a week. The bus coming to Lexington now comes from Manchester to Nashua to Tyngsboro to North Chelmsford, following $#4 to South Billerica into Bedford and then into Lexington. Mr. Conlon explained that they never had authority to take any passengers in Lexington over Route 4. The Chairman asked if under this permit they would be allawed to pick up passengers from the Bedford-Lexington line to the Lex- ington Railroad station and Mr. Conlon replied in the affirm- ative. Mr. Conlon explained that the Boston & Maine Railroad Company will have an oppprtunity to express any opinion on this at the D. P. U. hearing. Mr. Hoyt asked how they would feel if the permit were denied. Mr. Conlon replied that they would still make the run. The primary purpose is to provide Some transportation into Boston for people in areas where there is no other bus line, He explained that if the company is permitted to pick up passengers locally they would be pleased to do it. However, if they are not given this permission they will still provide the service from the Lexington Railroad Station. The Chairman explained that the Board would consider the petition and let than know within a day or two. The representatives retired at 7 :50 P. M. The Chairman asked if the members of the Board wished to act on the petition and after discussing the request Mr. Hoyt moved that the petition be approved and the license granted to the Boston & Maine Transportation Company, to operate motor vehicles for the carriage of passengers for hire from the Bedford-Lexington town line via Massachusetts Highway #4 to the B. & M. Railroad Station in Lexington. Mr, Nickerson seconded the motion and it was so voted. Mr. Edward Bradford met with the Board. The Chairman explained that the Board wanted to discuss the general plan that Mr. Bradford has in mind in which he felt it necessary to ask for the removal of a tree. The Chairman stated that last year or the year before the Board r eceived a request from F. K. Johnson to narrow the sidewalk area in front of his garage and the Chairman at that time felt that it Was not a desirable thing to have aprons too wide because of the increased hazard to pedestrians. The same thought occurred to this Board when they received Mr. Bradford's request. Mr. Bradford explained that he did not show any change in the present curbing on the sketch which he sub- mitted and he believes he should have shown it, Mr. Brad- ford explained that he wants to enlarge the present island and stated that he thought it would be beneficial to the town and also to him to extend the curbing. The Chairman stated that the Board does not want to have this area made into a place where people will be tempted to turd around. He asked how the Board felt about ahking Mr. Bradford to submit a sketch to scale of what he has in mind defining the curbing, extent of aprons, etc. 172 7" The Board agreed and Mr. Bradford consented to have a scale plan prepared. He retired at 8 :10 P. M. I At 8:15 P. M. a hearing was declared open upon the petition of the Boston Edison Co. and the New England Tel. & Tel. Co. for joint and identical pole locations in Robinson Road. Notice of the hearing was read by the Chairman. No persons were present in favor or in Opposition. The plan attached to the Pole petition had been approved by the Town Engineer. Location Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to grant the petition for the location of a pole, guy wire and anchor on Robinson Road, southwesterly side, approximately 455 feet northeast of Grove Street. At 8:20 P. M. Mr. Graziano, Paul Revere Road, met with the Board. He stated that Mr. DeFoe had informed him of the Board's decision relative to his request for the extension of a water main in Paul Revere Road. He said he has been trying to get water since last August. The Chairman said that the Board appreciates his point of view and speaking for himself he is opposed. The Board is trying to exercise reasonable control over the expenditure of town money and is reludtant to authorize spending money on propositions of this kind where the town will be spending a substantial sum without getting any back. Mr. Graziano said he realizes the other side of the street is farm land and, of course, the owner will not sign the petition. The Chairman said the Board felt that this was a situation where Mr. Graziano knew that there was no water when he built his house. He said that in granting this extension it would create a situation that the Board would be stepping into knowing that they-would have to assess betterments on other peopp, who did not want the water and the town would be spending a large amount of money. Mr. Graziano stated that the water main, if extended, would go along in front of all his lots . He said that if the water is extended down Asbury Street it would involve a lot of blasting. He said that there is only one spot in Paul Revere Road where ledge might be found and he thought it would be soft ledge. Be explained that he built his house and in- tends to occupy it himself. He is now living in two rooms. The Chairman inquired about a well and Mr. 1 Graziano said there is no well but there is a pump on the property next to his. Mr. Graziano said that he iE intends to construct three m e houses. He explained that there is a well near hiroperty 70' deep that has run dry and there is ano er well 60' deep which II is also dry. The Chairman asked if the Board decided to authorize the extension if Mr. Graziano thought it would be better to bring it in Paul Revere Road and be replied in the affirmative. 173 The Chairman explained that the Board is sympathetic but on the other hand if people make a practice of going out beyond where there is town water it will cost the town a lot of mon- ey and the Board is trying to draw a proper balance between one citizen and all the citizens of the town. The Chairman explained that if the water is extended assessments will have to be levied against Powers and Sullivan who apparently are not interested. Mr. Graziano agreed that that is why these individuals refused to sign the petition. The Chairman stated that the Board would review this subject again later on in the evening when Mr. DeFoe was present. WATER Mr. Graziano retired at 8:40 P. M. EXT. When Mr. DeFoe met with the Board the Chairman explained that Mr. Graziano intended to live in the house which has just been completed and he also intends to build three more houses . Mr. Graziano also stated to the Board that he thought it would be cheaper to make the installation in Paul Revere Road. He asked how great a distance it would be to bring the water down Paul Revere Road from the end where the water is now located. Mr. DeFoe replied that it would be a distance of about 800 feet. Mr. Nickerson stated that Mr. Graziano claims that there are two artesian wells in this area, one 60' in depth and one 701 ' in depth which are both dry. He asked if this were a fact. Mr. DeFoe replied that he did not know. The Chairman asked if the Board had any disposition to install water for Mr. Graziano. Mr. Hoyt said that he thought the Board had possibly reached the point where they have no choice in the matter. Mr. Nickerson said that if the water is extended he thought Mr. Graziano should be advised and the Board have a record, that water will not be extended under similar circumstances again. He also thought Mr. Gr^ziano should be told that the Board feels they have been forced into this situation. The Chairman asked if Mr. DeFoe had any alternate sug- gestions and he replied that the shortest way would be to come through Harbell Street. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to authorize the Sup't. of Public Works to proceed with the extension of a water main to provide water for Mr. Graziano from Harbell Street up to his property on Paul Revere Road, a distance of approximately 400 feet. Mr. DeFoe was instructed to advise Mr. Graziano that the Selectmen feel that this has been forced upon them and before he builds any further houses he should ascertain whether or not there is water availahle. The Chairman read a letter from the Board of Assessors Assessor stating that the Clerk has been sick for two weeks. He has been continued on the payroll which has been questioned. The letter stated that the Clerk has been employed in the Town for 37 years and the Assessors would like approval to continue 174 payments. Upon motion of Mr. Driscoll, seconded by Mr. ZL, Nickerson, it was voted to approve the action of the Board of Assessors in carrying Mr. Spencer on the payroll. The Chairman reported that last week the Board had authorized him to read a lengthy letter received from Mr. Doheny with reference to the recent appointment made by the Board of Health. He stated that after he had read the communication it seemed to him it should be referred to the Town Counsel because Mr. Doheny made charges against the procedure of the Board of Health. A letter was received from Mr. Lynch stating that he has requested the Board of Health to call a special meeting at which time this matter will be discussed. At 9:10 P. M. Hugh Tupper met with the Board to discuss his offer of $100 for Lots 31 to 34 inclusive on Earle Street. The Chairman asked if he intended to build on these lots . Mr. Tupper replied in the negative and stated that Mr. Spencer told him and authorized him to use his name, that no revenue had received by the town on these lots for at least 25 years . He said the lots are adjacent to property now owned by him and his reason for wanting to purchase them is to prevent some one from building close to his house. The Chairman informed Mr. Tupper that the Board would meet him Saturday morning and view the area again. Mr. Tupper retired at 9:30 P. M. The following residents from North Hancock Street met with the Board: Lawrence Hunt George P. Deveraux Moses Low David A. Copson Clifford Taylor Mr. DeFoe, Supt. of Public Works, was also present. Mr. Hunt stated that the cesspool on his property backed up seven weeks ago into his cellar. He had it repaired and it cost him 00.00 and six weeks later it overflowed again. He said this happened just ten days ago. The cesspool is now overflowing. He explained that he checked with reference to the cost of building another cesspool and was informed that it would cost approximately $290.00 but there would be no guarantee that it would last due to the saturation of the ground. He stated that other houses in this area are in the same situation. The Chairman asked if the five individuals present wanted the sewer extended in North Hancock Street and they all replied in the affirmative. Mr. Low informed the Board that he has lived on North Hancock Street for 36 years. He has had two cesspools and 175 what is supposed to be an auxiliary. He has had his cess- pool cleaned out but when Mrs . Low did her washing for the second time it filled up right away. He said he thought the sewer should be installed . Mr. Devereaux said he has lived there for twelve years and owned his house for ten years . He explained thet he is a civil engineer and he knows what the problem is . He ex- plained that in 1936 he had a good cesspool built and has had another one built since that time. He how has two cess- pools and is having trouble and it is more or less of a nuisance to his neighbors. He said he thought something should be done even though there are those who do not want the sewer extended. He stated that he has money for a new cesspool but he would rather apply it to the sewer assessment. Mr. Copson explained that he lives down hill and, therefore, his property takes the overflow. He explained that he has a pretty good cesspool but the chances are that he will have trouble. He said that his trouble is trying to keep the top of the cesspool on top of the ground. It keeps sinking down. He stated that he has two children playing around the yard and the situation is not good. He stated that he does not have a problem at the moment as regards to his cesspool and he will have a larger bill than most of these gentlemen but he is willing to pay his share of the abutter's expenses and would not think otherwise. Mr. Low said that Mr. Burgoyne is thinking of putting a street up off North Hancock Street and it would seem that Mr. Morey' s place eventually will be taxed as building lots. He said he understood this sewer would increase the value of Mr. Morey's land. The Chairman said he did not want those present to think the Board does not appreciate the trouble of cess- pools; however, when a situation like this where about 50% of the abutting property is not interested, the Board feels that it is up to them to make sure that the other half really needs the extension. He stated that up until this time the Board had not been aware of any trouble in more than one or two instances. Mr. Hunt said that he understood an objection was raised by one of the abutters. He also understood that if the Board of Health recommended the construction of a sewer the objection would be waived. The Chairman said that when the Board received Mr. Hunt' s letter an endeavor was made to find out from Mr. McQuillan of the Board of Health what complaints had been received because Mr. Morey had told him if this Board was reasonably satisfied that the sewer was needed, he would not oppose it. Mr. Hunt stated that this really is a health menace and that the Chairman saw three cesspools overflowing the 176 Petal other day. Mr. Hunt said that in the summer there is a very bad odor and it is a breeding place for flies . Mr. Copson said he is not having trouble but the grass is all burned around the cesspool and he is apt to have trouble at any time. Mr. Devereaux stated that he does not believe it would do any good to build additional cesspools; that the ground in this area has been saturated for sixteen years, and any money spent he feels should be spent for a sewer. The Chairman explained that over the last weekend the J Board looked into this ,s'ituati'on_ as well as the situation on Burlington Street. A report will be received this evening from Mr. DeFoe and an answer will be given within forty-eight hours . Mr. Devereaux wanted to know why the Board couldntt decide the issue now. The Chairman asked if the group would retire so that the Board might discuss it in private. They agreed and left the meeting at 9:55 P. M. Upon motion of Mr. Driscoll, seconded by Mr. Nickerson, it was voted to authorize the Supt. of Public Works to proceed with the installation of a sewer in North Hancock Street at his earliest convenience. Mr. Hunt was so advised by the Chairman of the Board. Mr. DeFoe requested approval to have the Waltham Street widening done under contract. He explained that he will have to advise the Department of Public Works that the Board has requested this before he will be given permission. He ex- plained that he has not time to do this work with his own personnel and that a contractor will furnish the engineer. Widening Mr. Nickerson moved that the Supt. of Public Works be Waltham authorized to proceed to have the widening of Waltham Street Street let out under contract. Mr. Driscoll seconded the motion and it was so voted. Mr. DeFoe requested permission to construct sewer laterals in the Bow Street section and reported the following: Sewer 55% of the assessed frontage has been signed for on Rindge Laterals Avenue; 84 1/2% on Rawson Avenue; 58.3% on Bow Street; and 47 1/2 on Albermarle Avenue. The Chairman requested, and the Board agreed, that Mr. DeFoe submit more detailed information as to the number of houses signed up on each street. Mr. DeFoe requested permission to let out on contract the sodding which is to be done on Grant Street. The Chairman asked how many houses were involved find Mr. DeFoe replied that there are four houses and he h, s set $2,500 as the maximum cost. He reported that there was a balance of $1,000 from the Grant Street appropriation and ther_emainder will hove to be paid from the Highway Maintenance Account. Mr. DeFoe was author- ized to obtain three bids which are to be presented to the Board. 177 The Chairman read a letter from A. J. Kochis in which he complained about the drainage in the vicinity of Lot 77 off Marrett Road which is tax title property. Mr. DeFoe informed the Board that this drainage problem has nothing to do with the town of Lexington. He explained that he has had a representative from the Stete out on this. The State found a broken piece of tile pipe but it did not belong to them. He stated that this man purchased a house in a bog and that there is nothing to be done about it. The Selectmen agreed to inspect the area on Saturday morning. Mr. DeFoe asked for a decision with reference to the drainage problem on Massachusetts Avenue near School Street. Drain The Chairman asked if, in his opinion, this was something the town should take care of. Mr. DeFoe replied in the affirmative and said that he knew of no alternative. Mr. Driscoll moved that the Supt. of Public Works be authorized to extend the drain for a distance of approximately 60' . Mr. Nickerson seconded the motion and it was so voted. Mr. DeFoe reported that a catch basin has been located inside the lot line of the property recently purchased from the town by Mr. Palladino. Mr. talladino wants this catch Drainage basin raised six feet. Mr. Nickerson said he thought this was a problem to be solved by the head of the Department of Public Works, He, therefore, moved that the Supt. of Public Works be authorized to raise the catch basin to whatever dis- tance he believes reasonable. Mr. Driscoll seconded the motion and it was so voted. The Chairman explained to Mr. DeFoe the Selectmen had inspected Goldie Powell 's property on Burlington Street and Sewage it is their opinion that this individual needs to have the sewer installed to relieve the bad condition caused by the overflowing cesspools. Mr. DeFoe explained that Miss Powell would be assessed for the entire length but the sewer would only be installed up part way, not over 60' from the back corner. Mr. Driscoll moved that the Supt. of 1ublic Works be authorized to proceed with the installation of the sewer in Burlington Street to service 416, Mr. Nickerson seconded the motion and it was so voted. Mr. DeFoe retired at 11:10 P. M. The Chairman read a letter fro4P. T. Smith with refer- ence to his offer to purchase lot 57 Grandview. Mr. Smith Tax stated that his original bid of $65 seems to him tobe afsir Title one but he would consider paying the present assessed val- Prop. uation of $110. The Clerk was instructed to acknowledge the letter and advise Mr. Smith that the Board prefers to retain the property rather than to sell it for $110. An application was received from the V. F. W, requesting permission to use a Conference Room and Estabrook Hall on Use the evenings of May 4th and 18th. Mr. Nickerson moved the of request be approved and permission granted free of charge. Hall 178 Mr. Driscoll seconded the motion and it was so voted. Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted to grant the following licenses, all renewals: Lexington Cab Co. 11 Depot Square Public Carriage Howard Sawyer 45 Freemont St. Hegy's Spa 856 Mass . Avenue Sunday Sales Peter F. Milloy 1734 Mass. Avenue George E. Wardrobe 807 Mass. Avenue Durand 's Choc. Shop 1780 Mass. Avenue Man-a-Minnit Golf Club Concord Ave. Geo. R. Reed & Son 1721 Mass . Avenue Anthony DePaolo 1804 Mass. Avenue Two bowling alleys six pool tables Howard T. Small 19 Dexter Road Peddler An application was received from Chester L. McDonald, 104 North Street, for a peddler's license. A latter from the Chief of Police indicated that this applicant has a Licenses long record with the Probation Office. The Chairman agreed to talk this over further with the Chief. Upon motion duly made and seconded it wa voted to appoint the following individuals to serve as members of Appoint- the Board of Fire Engineers for a term expiri g April 30, ments 1950: Robert J. F4wcett George M. Hynes Harold E. Roeder Roy A. Cook Alan G. Adams William P. Fitzgerald The meeting adjourned at 11:25 P. M. 4 , elec en The next meeting of the Board of Selectmen will be held on Monday evening, May 2, 1949, at 7:30 P. M. •