Loading...
HomeMy WebLinkAbout1949-09-06320 Legal Legal Bids SELECTMEN'S MEETING September 6, 1949 A regular meeting of the Board of Selectmen was held on Tuesday evening, September 6, 1949, in'the Selectmen's Room. There were present: Chairman Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt. The Clerk was also present. The Chairman read a letter from James J. Carroll, Town Clerk, to which was attached a copy of a notice of a suit in equity presented by Carlton R. Stoddard of Dedham against A.D. Daddierio. The Chairman read a letter from James J. Carroll, Town Clerk, to which was attached copies of actions in contract against the Town of Lexington presented by several individuals for labor performed on the Public Works. These individuals are Apparently employees of A. D. Daddierio. At 7:30 P. M. bids were opened for the recon- struction of two tennis courts at the East Lexington Playground. Mr. Joyce, representative of the P. J. Joyce & Sons,- one woman and Mr. Garrity, Sup't. of Parks and Playgrounds, were present at the opening. Bids were received and read by the Chairman as folio": P. J. Joyce & Sons, Cambridge Dennis Driscoll Co., Inc., Brookline Adams Asphalt Co., Cambridge *3,786.01 4,481.00 5,261.00 The Adams Asphalt Co. bid con tained an alternate,< for grasstex surface at an additional cost of $2,068. The Chairman informed those present that the bids would be discussed with the Sup't. of Parks and a decision made. The two individuals representing the P. J. Joyce Company retired at 7:35 P. M. Mr. Garrity informed the Board that Mr. Joyce is highly recommended and has done work on the sidewalks in Lexington, which proved to be very satisfactory. Mr. Hoyt asked if the Joyce bid included the grasstex. Mr. Garrity replied in the negative and explained that was merely information for the Tennis Association. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted that the bid of P. J. Joyce & Sons of $3,786.01 be accepted. A petition received from property owners on East Street requesting the town to plant shade trees was held over from the last meeting of the Board. Mr. Garrity explained that he has petitions for a number of trees in town. 1 321 He recommended that the Board notify the petitioners that in due time, and according to the 1950 budget appro- priation, trees will be planted. The Chairman asked if Mr. Garrity had any funds this year. He replied in the negative and explained that he would not do any fall Trees on planting even though money were available. The Chair- East St. man said he would advise the petitioners that there are no funds in this year's budget, and their request will be considered when budgets for 1950 are prepared. Mr. Garrity informed the Board that his Department will go over to East Street and survey the entire area and put down stakes where he thinks the trees should go, which is inside the property line. He will have the property owners sign off that they are agreeable. Mr. Emery inquired as to the price of the trees and Mr. Garrity said he believe they would be about 00.00 each. Mr. Garrity retired at 7;40 P. M. The Chairman read a letter from Mrs. Ivusic with reference to certain parcels of land.. on Hillside Ter- Tax Title race. Mrs. Ivusic stated in her letter that as soon Property as whe receives the deeds for the three lots of land she will send them with a plan to the Regis.tty of Deeds and have the three lots consolidated into one. The Chairman read a letter from the Planning Board with reference to the petition received from the Middlesex and Boston Street Railway requesting permission to operate additional bus routes in Lex- ington. The Planning Board felt that more complete information should accompany any such petition. The Chairman asked how much recognition the Selectmen should make of the recommendations submitted by the Planning Board. Mr. Nickerson said he believed in referring this matter to the Planning Board it was merely a matter of courtesy. Adoption of the rules and regulations pertaining. to the hakers and peddlers was held over from the last meeting. The Chairman asked if the members of the Board were ready to act on the regulations sutTlitted by the town counsel. He said that he assumed if the Board adopts them they could be modified at any time. Mr. Hoyt said he believed if the Board of ..Selectmen voted to adopt them they would then he in effect, and he felt the Selectmen would have the same right to modify them. The Chairman agreed to contact the Town Counsel in an endeavor to find out whether or not the Selectmen would have the suthority to issue variances in different cases, and also if the Board could amend the regulations. At 8:00 P. M. a hearing was declared open upon the petition of the Boston Edison Company and the New Bus Routes Hawkers & Peddlers Regulations 322 Pole Location England Tel. & Tel. Co. for permission to relocate six poles on Colony Road, westerly from Grant Street. Two individuals appeared at the meeting. Mr. DeFoe, Supt. of Public Works, and Mr. Burns, Ass+t. Sup't., were .also present. Mr. Burns explained that before the street was widened the poles were re- moved and then replaced in the proper location. This petition merely confirms the action. The Chairman asked if the two gentlemen present wished to make any protest. They replied in the negative and re;titedr,gt 8:04 P. M. Upon motion of Mr. Gay, seconded by Mr. Driscoll; it was voted that the petition be approved and the order signed. Mr. DeFoe informed the Board that the relative cost of installing the drainage on Baskin property on Castle Road Castle Road was not included in his list. Mr. Burns, Drainage however, indicated that he desired to discuss this subject with the Board. A longthy discussion was held relative to thematter and Mr. Burns explained it to the Board in detail. He retired at 8:25 P. M. 1 Tax 'Title ?ai :adi i Dump Mr. DeFoe stated that about five weeks ago Mr. Palladino met with the Board at which time his real estate agent, Mr. Ferguson, was also present. At that time Mr. Palladino agreed to contact Mr. DeFoe with reference to another proposition involving the purchase of lots 1 and 2 Mass. Avenue and lot 7 Bow Street. He said that Mr. Palladino discussed this a few days ago and has a new proposition. The Chair- man asked if Mr. DeFoe is in favor of the proposition. Mr. DeFoe.replied that he is in favor except for the price. Mr. Palladino desires to purchase lots 1 and 2 and a portion of lot 7 on Bow Street. The town is to keep the sewer easement. Mr. Palladino will release the land where the sewer easement is located. lite town will retain everything between the tracks and the sewer easement. However, he wants to pay only $200. Mr. DeFoe said that he contends the purchase price should be $400. Mr. Emery asked about raising the cesspools. Mr. DeFoe replied that Mr. Palladino is not requesting that now and he does not want the pipe put in. The Chairman asked if Mr. Palladino would give the town exclusive drainage rights and Mr. DeFoe replied in the affirmative. He explained that the easement is supposed to be ten feet wide. Mr. DeFoe was instructed to advise Mr. Palladino that the Board of Selectmen will entertain an offer of 300 providing hr is willing to settle for the proposition outlined by him discussion with Mr. DeFoe. Mr. DeFoe reported briefly on the condition of the•dump and agreed to have a more detailed report ready for the next meeting. 1.4 Mr. DeFoe infcrmed the Board that Rev. William McCarthy believes that the Catholic Club should re- ceive something for the two trees on Waltham Street. He feels that if the town does not move the atrees a cash settlement should be made in additiix to the damages that were awarded by the County n 1958. No payments were made because no harm was done and the claims were to be paid when and if constructionttook place. There is $175.00 actually set up. At that time all the abutters were advised of the relocation and had an opportunity, within a year from date of notification, to file a claim. The Lexington Catholic Club did not file any claim. According to Town Counsel they cannot be paid any additional money so far as a cash settlement is concerned. The Chairman asked if they could be paid $175.00 and Mr. DeFoe r eplied in the affirmative. He informed the Board that Frost and Higgins quoted hima price of $225.00 for moving the trees. On this basis the cost can be included under Chapter 90 as construction cost on a 1-1-2 basis. The townwill pay $55.00• the County will pay $55.00 „and the State will pay $110.00. If it were possible to make a cash settlement the town would have to pay the full amount. He said that inas- much as the town cannot pay a cash settlement, and FatherMcCarthy is willing to have the trees removed, he felt the only thing the town can do is to have the trees removed and charge the coat to the job. The Chairman asked if ther would be any other similar claims and Mr. DeFoe replied that he did not think so. He stated that he had discussed with Father McCarthy the question as to whether or not the trees would live. Father McCarhty told him that he would have some one watch the trees and would not hold the town responsible. It.was agreed that Mr. DeFoe would arrange to have the trees removed in addition to paying $175.00 which was originally awarded. Mr. DeFoe requested permission to obtain signatures for the construction of water mains in Wright, Hillcrest, Rangeway and James Streets. Mr. Nickerson moved that the request be approved. Mr. Gay seconded the motion and it w as so voted. The Chairman asked Mr. DeFoe to consider the ad- visability or nonadvisability of continuin the con- struction of Winter Street until it become Hillcrest and up Hillcrest to the corner of Wright St et. The Chairman read a letter from Miss Mary B. Chiesa, 42 Adams Street, in Which she called the Board's attention to an accident involving Miss Chiesa, her sister and mother. The Accident occurred on East Street and she claimed that it could have been avoided had the street, which was under construction, been properly protected. 323 Lend Dangge--- Trees Water Main Constr. Streets 324 bills No claim was made for doctor'sjbut she did want the town to pay for necessary repairs to her car. The Chairman also read a report from the Police Claim for D%partment and from the Asst. Supt. of Public Works. Damages There seemed to be some difference of opinion as to the circumstances surrounding the incident. The Board was of the opinion that the townshould pay the damages. Mr. Gay moved the claim for the damages to the car be paid, subject to being first checked with the Town Counsel. Mr. Driscoll seconded the motion and itw as so voted. Mr. DeFoe requested permission to increase the hourly rate paid to Eugene Moloy from $1.25 to $1.30. He explained that he is a water service man, one of the best men in the department, and one Alio has a Salary number of years of experience. The Chairman asked increase if this request were approved would it cause any dis- held over satisfaction among the workers. Mr. DeFoereplied in the negative. He said he thought merit should be recognized. However, there may be one or two complaints. Weisinger and report to the Board next week. He retired at 9:20 P. M. An application was received from the Lexington Club, Inc. for permission to conduct a minstrel show in Cary Hall on November 19th from e100 to 12:00 P. M. Mr. Hoyt moved that the use of the hall be granted subject to a charge of $35.90. Mr. Gay s econded the motion and it was so voted. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, Licenses it was voted to grant the following licenses: Lexington Theatre Sunday Movies Countryside Associates Sunday Golf Further consideration was given to the offer sub- mitted by Anthony Iodice with reference to lots 57,.58 Tax Title and 59 on Morris Street. Mr. Hort moved that Mr. Iodice Property be advised that the Board will entertain an offer of $500. Mr. Driscoll seconded the motion and it was so voted. Recreation Committee Mr: Bertram P. Gustin, Chairman of the Recreation Committee, met with the Board at 9:50 B. M. He informed the Board that his committee would like permission to use approximately $250 of the $500 provided by the Selectmen's Expenses account. They will need this amount for tennis trophies, cups, etc., in connection with theactivities of the playground. Mr. Nickerson moved that the request be granted. Mr. Driscoll seconded the motion and it was so voted. CAO nrj 211 1 School Department Lexington 73, Mass. Thomas S. Grindle, Superintendent November 15, 1948 Ir. William Faxton, Chairman Board of Selectmen Town Office Building Lexington 73, hassachusetts 'year Yr. Paxton: At the present time the ?chool Corrittee plan to use only the land adiacert to the Fiske School for ac'-oo1 purroses with the remainder of the lot beim; held for a community play- ground.. The school Committee is bringing this matter to your attention as they thought you might wish to develop this for genera) community use. Sincerely yours, TSG:k Mr. Gustin said that when the School Committee obtained the land for the Fiske School the idea was to have enough land for a playground. He s aid that when the school was completed the land was in such a condition that in order to have a playground it will be necessary to have it developed. Mr. Garrity is of the opinion that it will cost a few thousand dollars to put the land in a usable condition. The Chairman said that he did not think it had ever been determined how much of the land is to be under the juriddiction of the School Committee and how much is to be used for mecreational and park area. Retold Mr. Gustin he thought this was an item that the Recreation Committee should include in their 1950 budget. Mr. Gustin retired at 10:05 P. M. The Chairman agreed to contact the Town Counsel for thepurpose of discussing the subject of obtain- ing money for the 18th of April Committee to determine whether or not it will be necessary to call a special town meeting. The meeting adjourned at 10:15 P. M. 217444tt- 325 Recreation area