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HomeMy WebLinkAbout1949-09-19SELECTMEN'S MELTING September 19, 1949 A regular meeting of the Board of Selectmen was held in the Selectmen's Room on Monday evening, Septem- ber 19, 1949. There were present: Chairman Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt. The Clerk was also present. At 7:25 P. M. Mr. William G. Potter met with the Board of Selectmen with reference to an offer received from Martin Ward, 378 Massachusetts Avenue, of $200 for lots 17 and 18 Hillside Avenue. He explained that Mr. Spencer and he had discussed the Hillside area today and arrived at a possible solution. He presented Block Plan #58 and stated that if the town would accept Hillside and Bowker Street, the latter running from Taft Avenue to Massachusetts Avenue, a turn -around could be made in the area now owned by the town. He reminded the Board that the town now owns approximately thirty lots on Hillside Avenue and if it were a finished street, with water, the town might very .well realize $1,000 Per lot. The Chairman asked if it were Mr. Spencer's and Mr. Potter's ideas to have the town accept Hillside Avenue before selling any of the land. Mr. Potter re- plied that Mr. Spencer has reached the point where he would be willing to dispose of the land any way but Mr. Potter feels that the street should be accepted first. The Chairman asked if this were not something for the Planning Board with reference to the suggestion sub- mitted by him and Mr. Spencer. Mr. Potter replied in the affirmative. The Chairman asked if it were Mr. Potter's recommendation that the offer be rejected and he replied in the affirmative. The Chairman informed Mr. Potter that Mr. Larson's attorney, R. J. Peters was going to meet with the Board this evening and that Mr. Potter would be very welcome if he cared to remain at the meeting. The Chairman stated that criticism has been made with reference to the over-all planning of the Public Works projects. He explained that the criticism came to the Town Accountant and as he understands it, chiefly from Mr. Nylander. He stated that he had dictated a letter to Mr. Nylander and if the Board is willing for the Chairman to sign it he will send it along. However, if the Board is of the opinion that it would be poor policy, no further action will be taken. The Chairman read the letter and the Board agreed that it should be sent to Mr. Nylander. 341 Tax Title land on Hillside Avenue Public Work's Dept. 342 At 7:30 P. M. Mr. R. J. Peters, attorney for Request for Gustave E. Larson met with the Board. Mr. Peters Water in Oak said that he thought the Board understood he was Street. representing Gustave E. Larson. He said that in November Mr. Larson applied for water in Oak Street but for some reason has been unable to get it. The Board apparently seems to be unwilling. He has ap- plied for water for a new house which is on Oak Street and it has been suggested that he can get,water if he will take it from Ellis Street. Mr. Peters read an excerpt from the Annual Town Report with reference to drainage on Oak Street. Mr. Peters stated that Oak Street is a finished street and a public way. He further stated that w ater is a paying proposition and it is difficult for him to understand why Mr. Larson's request has been denied. The Chairman explained that the Public Works Depart- ment has a fixed amount of money for water and there are various factors which enter into what projects the Board decides should be done, and in what order. He stated that there is the relative urgency, the number of people desiring the project, the number of people opposed to it, the cost whichvwould have to be borne by the town and other factors such as proper layout, street width, priority of other town projects, etc. He explained that last week thirty individuals met with the Board because of the fact that wells had run dry. He said the Board feels that a situation such as this should have priority over speculative building. He stated that furthermore, Mr. West, who owns one whole side of Oak Street, has served notice that if the water is installed, although he signed the petition, he will ask for an abatement or deferment. He explained that up until the present time the Board has not felt that this project ranked Very high in urgency. Mr. Peters said that he went down Taft Avenue, which is a private way, and saw the town men installing water and sewer. The Chairman informed him that they were not in- stalling water and that the sewer was being installed be- cause it has been determined that there is a definite health menace. Mr. Peters asked why they did not lay water when the sewer pipe was laid and the Chairman informed him that no request had been made in this particular street for the in- stallation of a water main. Mr. Peters said that there isa sewer all the way down Oak Street and he wondered when the sewer was installed why the water wasn't installed at the same time. The Chairman said he did not know but sometimes the people. who want one service do not necessarily want any other service. Mr. Peters said he understood that there is water being installed in Taft Avenue. The Chairman explained that there is no water going in Taft Avenue and that the sewer is being installed because of the f act that there is a definite health menace. 1 1 1 343 Mr. Peters informed the Board that Mr. Larson's house will sell for $14,000 or $14,500. The Assessors advised him that the assessment would be approximately $7,500. The Chairman informed him that would pay for a child and a half for one year. Mr. Peters said that houses of this type ordin- arily do not carry any children and that there are not too many G.I's. who can afford a 814,500. house.. Mr. Peters said that he had talked to Mr. Cromwell of the Planning Board and there was some mention about Mr. Larson constructing a street. It would appear that unless he builds a street he may not•get the water. The Chairman said that that has not been intimated. He said he would not deny the fact that the Board would be pleased if Mr. Larson could see his way to work out some arrangement with the Planning Board so that the back land will not be lost. Mr. Peters said that as he understood it Mr. Larson had met with the Planning Board but he felt that the con- struction of the road was too expensive for him to under- take. Mr. Peters said that Mr. Cromwell told him tat the Planning Board would like to have.a street from Hill- side Avenue to Oak Street; Hillside Avenue having a very bad entrance on Massachusetts Avenue. The Chairman stated that some time ago Mr. Larson made an offer to purchase ten lots on Hillside Avenue. The offer was rejected because of the fact that the Selectmen did not want to develop Hillside Avenue. He explained that it was made very clear to Mr. Larson that the Board would feel differently about the sale of the lots if some over-all project could be worked out in conjunction with the back land. The Chairman asked if Mr. Larson would have to build the roads or agree to turn it over to the town. Mr. Potter replied that the Planning Board would be satisfied if Mr. Larson would dedicate a certain area. If he builds on the street he will have to buildthe roed. The Chairman said that Mr. Larson could sell the lost on Oak Street but could not sell the back lota until the road has been built. The Chairman said that the Board of Selectmen would feel very sympathetic toward Mr. Larson's offer to purchase ten lots on Hillside Avenue if he could work out something with the Planning Board relative to the back lots. Mr. Peters asked if the Planning Board would give him an idea as to what they would like and he will see if he can sell it to Mr. LErsom5. Mr. Potter said he would not like to speak for the Planning Board. He stated, however, that the Planning Board is not asking Mr. Larson to buy any land or build any streets. The Chairman explained that the estimate of the cost of installing water in Oak Street is between $10,000 and $12,000. 344 Betterment Assessment Thos. Napoli Mr. West has served notice that he will not pay without protest. The best the town can hope for is to receive one quarter of the cost. Mr. Nickerson explained to Mr. Peters that Mr. West now has water. Mr. Peters stated that Mr. West agreed with Mr. Larson that he would petition for water. Mr. Peters agreed to call Mr. Cromwell and ask for an appoint- ment with the Planning Board. The Chairman stated that if Mr. Peters is to repre- sent Mr. Larson from here on he thought he should attend a Planning Board meeting. The Chairman explained that once the town installs 1001 for the next house will be presented. He said that the Board does not want to do it at all until more urgent things are taken care of. Mr. Peters said he would see what could be worked out with the Planning Board. He retired at 8:00 P. M. and Mr. Potter also left the meeting. Mr. Thomas Napoli, 73 Middle Street, met with the Board relative to the water betterment assessment leviedd against his property on Lincoln Street. Mr. Napoli re- ferred to an agreement between the Town of Lexington and John Sullivan on Massachusetts Avenue whereby Mr. Sullivan's water betterment assessment was deferred and Mr. Sullivan that this is not a question of his being able to pay the assessment but it is a question of whether he can make use of the water. He said he could not see any object in arguing about postponement, if he has to pay interest. The Chairman asked if this could not be settled with Mr. Napoli's attorney, John Devine. Mr. Napoli said that Mr. Devine thought he was going to be willing to pay the interest but Mr. Napoli thought payment would be postponed until the land WFS developed. He said the question of in- terest did not enter his mind at the time. He asked if he had to pay the betterment or if he could postpone it until the property is developed. The Chairman said that there is no question but that it could be deferred until the property is developed. Mr. Napoli said he does.:not want to pay interest. The Chairman said that the Town Counsel would be present in about fifteen minutes and suggested that Mr. Napoli dis- cuss this problem with him. The Chairman asked what the interest amounted to and Mr. Napoli replied that he thought it was #33.04 a year. He said, however,, he felt the lesser of two evils was to pay the betterment. The Chairman explained that Mr. Napoli has not been charged the full cost of a 12" main. The cost was adjusted to the cost of a 6" main. Mr. Napoli said he did not question the benefit to his land but he does not think it is benefited at the present time and that he is willing to pay the assess- ment when he deveolops the land. The Chairman asked if he objected to the interest and he replied in the affirmative. 1 1 1 345 The Clerk gave the Chairman a copy of the agree- ment between the Mown of Lexington and Mr. John Sullivan. The Chairman in turn gave the agreement to Mr. Napoli to discuss the matter with Mr. Lynch. Mr. Napoli retired at 8:23 P. M. Later in the evening when Mr. Lynch met with the Board he explained that the Board could vote to abate in full the water betterment assessment levied against Er. Napoli's property. Mr. Napoli would then agree that if he sells any of the property at any time he will pay to the town en amount equal to the assessment that has been abatdd: The agreement will be recorded at the Registry of Deeds and will run with the land. Mr. Napoli cannot sell without it being an eneumbrance on the land. He may never sell the land and the town may never receive the money. Mr. Lynch explained that if the payment is deferred the town at least received the interest. Mr. Nickerson asked if abating the assessment in full would be a dangerous precedent. Mr. Lynch said that he would not call it dangerous but it is most unusual. He said it might be dangerous to this extent that if it is done, no doubt others will heFr of it and request similar action. Mr. Hoyt asked if the Town Counsel felt that this unusual action is warranted. Mr. Lynch replied that he did under the circumstances. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted that the full amount of water betterment assessment levied against Mr. Napoli be abated pending receipt of the agreement to be prepared by the Town Counsel. An application was received from the Lexington League of Women Voters for permission to conduct a Use of Hall meeting in Estabrook Hall on November third. Mr. Nickerson moved that the request be granted, free of charge. Mr. Gay seconded the motion and it was so voted. The Chairman read a letter from Martin Ward, 378 Mass. Avenue, offering $200 for lots 17 and 18 Hillside Tax Title Avenue. In view of the discussion held at the beginning of the meeting with reference to Hillside Avenue, Mr. Driscoll moved that the offer be rejected. Mr. Nickerson seconded the motion and it was so voted. A letter was received from Mrs. Lloyd LeBoeuf on behalf of the Pre -School P. T. A. requesting per- Rummage mission to conduct a rummage sale in the Barnes Property gale on Friday, October 14th and Saturday, October 15th. Mr. Hayt moved that the request be granted. Mr. Gay seconded the motion and it was so voted. 346 Permit The Chairman Bead a letter from Richard Campana, 18 Bine Tree Road, Wellesley, requesting permission to sell ice cream at fottball games. The Clerk was instructed to refer the letter to the School Committee. At 8:30 P. M. Mr. Daniel A. Lynch, Town Counsel; Colonel B. B. Bruce, and 41 other residents of the Irvington Park area met with the Board of Selectmen. The Chairman asked if anyone desired to speak to give the Clerk his or her name and address. Colonel Bruce, 55 Ledgelawn Avenue, said that the group wished to thank the Board of Selectmen for enter- taining this large gathering this evening and to listen to what they have to say about the roads in Irvington Perk. He explained that last Thursday evening the people in this development held a meeting. There was presented to those attending the meeting a petition of a form which had been previously given to them by Mr. Lynch, the Town Counsel, and it was almost unanimous that the did not feel they could afford to sign the petition. As a result of that meeting they decided to ask the Board of Selectmen to hear what they have to say in response to the Bosrd's gracious invitation that it would be pleased to hear from them at any time. The cost of the roads in this section is the chief deterent to the people signing the petition. There are two major quesrions that they all have in their minds. Colonel Bruce stated the first question. Can the town put in a road that is cheaper, that is of a less expen- sive type that what has been proposed for the roads in this section, and which was estimated for them at the rate of $9.11 per assessable front foot? He stated that the people in this area have investigated with different specialists in road building and have been led to bLlieve that the town's specifications resulting in a price of $9.11 per assessable foot are excessive in their nature. They are superior to the type of street which is needed in this area for the amount of traffic which runs over it. Colonel Bruce said that the people do not feel they need a street of that high character. Colonel Bruce then stated the second question. Will the submission of a petition limiting the cost of the road to a definite amount be accepted by the Board of Selectmen? Colonel Bruce said the people objected to the matter of signing a "blank check" as it has been termed. This is the type of petition in which nothing has been said about the cost of the street to the people. He said that if they could have inserted into this par- ticular type of petition such a phrase as "assessments not to exceed, for example, 0.00 per assessable front foot, to be levied against the property", then the people in the area wduld know exactly what the maximum cost to them would be. At the present time they have no way of knowing'. 1 347 He said these are two major questions the group would like to have answered. The Chairman said that he would leave the last question to the Town Counsel. He stated that for the benefit of those present who did not attend the Adjourned Hearing of the County Commissioners he would like to say that the Board of Selectmen is unanimously sympathetic end in favor of having the streets accepted. Ae said that the Board expected after they received the petition from the Superintendent of Public Works last May that just such a meeting as this would have taken place. He said that would have been the usual procedure. He stated that the Selectmen were probably in error, having taken it for granted that they would herr from ' the petitioners. He said, however, that the petitioners did not contact the Board and the Selectmen were busy with other problems so that nothing further was done. The first the Board knew after that was that a notice had been received from the County Commissioners. He emphasized the f act that the Selectmen are in favor of having the streets built and will be glad to insert an article in the Warrant. the Chairman said that in so far as the cost is con- cerned he thought Colonel Burce was in error on the $9.00 figure because the e stimate prepared by the Town Engineer figures $13.80 per running foot, including the drainage. He explained that it has been the policy of the Board of Selectmen for the last two years to charge only ohe half of the cost of drainage against the abutter. The town absorbs the cost of corners where the abutter has two frontages. The Chairman explained that working this down from an estimated cost of $13.80 and based on the formula which the Board had been using, the estimated cost per fromt foot on a so-called Class A street is $6.33 and on a Grade B street is $5.35. He said he could see no reason why these estimates cannot be considered as accurate as they can be made. He said he would like to refer to the Town Counsel the matter of signing the petition with a top limit. Mia. Lynch said that he had in fromt of him a copy of a petition signed by this group and filed with the County Commissioners. He explained that there are two ways to have a town way laid out. The first is by petition to the Board of Selectmen to lay out the road. Ifithe Selectmen refuse and neglect to lay out, the petitioner has the right then to go before the County Commissioners and ask them to lay out the road, which they will do after they find that the Board of Selectmen has failed to do it. The next step, after the Board has laid out the street, is a plan must be filed by the Board in the Office of the Town Clerk. The matter then goes to a Town Meeting as to whether the Town will accept or reject he layout of the Selectmen and appropriate money to do the work. 348 I1r. Lynch said that at the hearing before the County Commissioners it was brought out that the Select- men had not failed or neglected'tb-aity;.-out the road upon petition of this group. Up to that time the group had not requested the Selectmen to lay out the streets. It was then suggested by the Bounty Commissioners, at Mr. Lynch's suggestion, that the matter be started again be- fore the Board of Selectmen and be started by way of a petition to have the road slaid out. Mr. Lynch stated that in a letter to Mr. Cass, who represented this group he followed the statutory language this group used before the County Commissioners. He informed the group there is nothing in the petition submitted to the County Commissioners about money or the cost. Mr. Lynch stated that to follow it up a little - if on the petition to lay out the roads, the Selectmen act favorably, they then lay out the roads. The matter then goes to Town Meeting for an appropriation and acceptance by the town. Within thirty days after the Town Meeting the Board of Selectmen must cause an order to be recorded at the Registry of Deeds at East Cambridge with an estimate of cost of the betterments. This is not accurate. He explained that under the law one cannot be assessed an amount in excess of the estimated cost. The property owners than have two avenues of relief. After the road has been constructed and they have received their betterment assessment, which cannot be more than the estimated cost, they have the right, individually, to come before the Board and petition for an abatement of all or any part of the assessment. If the Board refuses to abate they can then go to the Supreme Court and have a jury decide whether or not the assessment should be abated. he stated that the only test of fairness of the assessment is the per- centage of improvement to each particular piece of property. If the assessment, in the opinion of the Board, or in the opinion of the jury, is in excess to the benefit to the property, it should be reduced. Hes tated that with reference to the amount being in- serted an assessment should cover all contingencies under the law. Whetherc or not these people obtain an accurate assessment from the Board now is, in his dpinion, of no real significance. He said that if the Board gives this group an estimate now, the estimate that is improtant is the one recorded at the Registry of Deeds. He esplained that the estimate given is only an estimate and is the maximum that can be assessed. He explained that the initail step is to petition to have thestreets laid out. He explained that if the road is laid out and presented at a Town Meeting and the group is not satisfied with the roads as laid out by the Board of Selectmen, they can be represented at the Town Meeting. He said he believed the group was anxbous to have something done and he also believed the Selectmen were anxious. He would suggest, therefore, that the group follow along with the idea of the petition. Cgd 1 1 1 349 He stated that the Town Engineer could make an estimate of the cost, "freeze" it, but he thought the group should have in mind that that will not be that amount which they will be assessed and the actual assessment may be much lower. Mr. Lynch asked if he had answered Colonel Brunets question. Colonel Bruce replied that he did not know if the question had been specifically answered but he guessed that it had. Colonel Bruce said that they can put, in an amount but even if they do it may not have any bearing. The Chairman asked if the group included an amount on the petition which the Board of Selectmen felt to be entirely insufficient that action would then be taken. Mr. Lynch replied that the petition could then be rejected by the Board. Colonel Bruce said when these people receive a petition which is in effect a blank check, they feel that the amount to be charge would be in the neighbor- hood of $9.11. Colonel Bruce asked if they could put into the petition an amount of, say, $5.35, for what is termed a Grade.Bstreet. The Chairman stated that there are no Grade B streets being accepted at the present time. The policy of the Boards over the past twelve years has been solely a GradecA street. Streets being subdivided after a Board of Survey hearing are being put into Grade B con- dition by the sub -divider. He explained that the present Board of Selectmen has discussed the question of Borne Grade B streets in Lexington but no definite decision has been made and no decision will be reached without a joint meeting of the Board of Selectmen and the Planning Board. He explained to the group that if they limit the amount in the petition to $5.35 for a Grade B street and the Board decided it is not advisable to put in a Grade B street, they would have to start all over again. Colonel Bruce asked if the Board would go ahead if the group used $6.35 for a figure. The Chairman said he thought the Board would like to discuss it with the Town Counsel first. Mr. Lynch stated that if the amount in the petition was used End adopted by the Board it would freeze the amount the t could be levied rgErinst any of the property involved. He said he thought it would be helpful for this group to be in accord with the Board of Selectmen when the Town Meeting asked for an appropriation. The Chairman asked if a figure of 45.5O were used would it be the amount on the lien. Mr. Lynch replied that it would be recorded at the Registry of Deeds and the Board could not assess the property in excess of the amount recorded. Colonel Bruce asked if the assessment and the cost of betterments is based on the increase in the market value or assessed value. 350 Mr. Lynch replied that no assessment shall exceed the advantage to a particualr piece of property. It has never been determined to be an appreciation or de- preciation. He said that he believed it was of no im- portance whether it is an increase in the market value or not. Colonel Bruce stated that the incf;ease of the market value would be twice what it would be in the assessed valuP.tion. Mr. Lynch reminded him that the market value of real estate will fluctuate withi:the times. Mr. Lyon, real estate agent, thought it would all depend upon what the house is like inside. He did not think Colonel Bruce's question was one readily answered. Mr. Lyon said that anyone would like a house on a finished street but houses on unfinished streets are being purchased. Colonel Bruce asked if the assessed valuation•, on property increased as soon as the street is accepte Mr. Lynch replied that he did not know What the policy of the Board of Assessors has beem. The Chairman explained to the group that the Board of Selectmen has nothing whatever to do with real estate assessments. The Chairman explained that he would not want it to go on record that the Selectmen have quoted a firm price. He stated that the assessments,are based on benefits and the streets have not as yet been con- structed. He explained ghat if the estimate of $13.30 is wrong and the lowest bid the Board can obtain is $15.00, the estimates will be higher. He explained that if a top limit is put over the signatures it might be a handicap. One individual who neglected to give his name and address asked if after the petition has been submitted and some time in the future it is found that the estimate will be higher than whattthe group feels they can pay, would they have an opportunity tb kill it. The Chairman said that if they left the top figures but they would have an opportunity to kill:it. He explained that if bids are requested and it is found that they are a dollar a foot higher, the Selectmen could invite this group to a meeting and explain it, providing the vote of Town Meeting is not mandatory. Mr. Plaisted, 2 Braemore Terrace, asked if a Grade B Street were constructed and not acceptable to the town, and improvements were to be made in the future to make it a Grade A street, would the property owners then have to payfor that change. Mr. Lynch informed him that if the town accepts a street, it will be accepted "P." or "B" and once it is accepted it is the town's responsibility, to maintain it. 1 351 Mr. Plaisted stated that it is his belief that the petition which the group presented was a petition for an estimate for streets which would be acceptable to the town. He said that perhaps some of them were a little too speedy about the work but they received the petition stating that the linear cost per foot would be 018.10. He said that is the reason they went to the County Commissioners. Mr. Plaisted said that at the second meeting of the County Commissioners the Town Counselsaid that there was no shed water from any of the streets of the town going into this area. Mr. Plaisted said that there is shed water on Hillside Terrace and Braemore Terrace from North Hancock Street. The Town Counsel stated that he wrs advised by the Town Engineer that ,there is drainage in North Hancock Street and that there might be some slight amount of seepage. He stated that the Town Engineer has also ad- vised the Bbard of Selectmen that there is drainage in North Hancock Street. Donald E. Graves, 23 Liberty Avenue, asked if the very best the deal the town could offer is a Grade A street at no less an estimated cost of 41;6.35 a foot. The Chairman said that he could not answer that question offhand because the Baord has not as yet conferred with the Planning Board relative to Grade A and Grade B streets. He informed the group that the town has bfitilt nothing but Grade A streets during the past twelve years. If the town is going to accept Grade B streets it means that the policy of the Planning Board would have to be synchronized. Mr. Graves repeated his question and asked if it were the best offer that could be made. The Chairman replied that it is the best offer if the present policy is to be. followed. Mr. Graves said that in as much as the Board cannot guarantee an increase in the real estate assessment the property owners **ill be taking the risk of paying for a road twice. Mr. Lynch said that to -his knowledge the Assessors have never changed the assessments on streets that have been accepted. Mr. Lyon asked if this subject is to b e discussed with the.Planning Board with reference to A and B streets howlong will it be before it will be accepted. The Chairman said that he has been told that these streets could not be done this yeFr. To do them with drainage would take two or three months and any work with tar is impossible after November first because of the weather. He said that regardless of whether the street is to be Grade A or G34ade B work cannot be done during the winter. Mr. Lyon asked if they couldn't have a gravel base without the tar. The Chairman said that if any procedure can be worked out that is practical, the Board would be in favor of it. 352 Colonel Bruce said that the grade and base could be put in before the winter; the engineering construction could be done later. The Chairman:said that the Selectmen are not technical men and he did not know if the job could be divided but he thought it might tend to increase the cost. One individual said that the specifications require a 24' street which in his opinion will encourage traffic. The question was asked if the streets had to be 24' wide. The Chairman replied that according to the engineers they should be 24' in width. Colonel Bruce asked how long it would take for the Planning Board to act on this subject. Mr. Adams said that he is only one member of the Board, but he felt that at a joint meeting a decision could be made in one night. The Chairman said that if the town does not have uniform requirements for streets they would encounter difficulties because of the fact that if the Board determined a certain section should have dither a Grade A or Grade B street, the residents may claim an objection. Colonel Bruce said he realized that , but this group has been told there is a better type of street which is cheaper. He said this group will be satisfied with a street that will stand up for ten years. He said that possibly the town should stand any additional cost over and above what is needed for the people in the vicinity. Mr. Graves asked if it was necessary for the group to sign a petition again before anything will be started. Mr. Lynch replied in the affirmative. He said that, no doubt, some one et Town Meeting will ask what percentage of abutters signed for the streets, and unless the Board of Selectmen can give the answers the streets may be rejected. He said a petition signed by a very substantial majority of the abutters would be very helpful at Town Meeting. Some one asked what the procedure would be for request- ing streets less than 24' in width. The Chairman said that the Board will see what the engineers have to say about it. Mr. Adams said that one of the arguments for a 24' width street has been snow removal.. He said that during snowfalls 6' are taken off and on an 18' street traffic could not get through. At least three feet are needed for wind -rows. Mr. Lyon inquired as to when these streets would be put up to a Town Meeting and the Chairman informed the group that a special town meeting would be held either November 17th or November 14th. The Chairman asked the Town Counsel if the petiton is presented and the streets are accepted by Town Meeting and the work is not started until Spring, where the Town's re- sponsibility would be in so far as entering the s treets is concerned. Mr. Lynch said that if the Town Meeting accepted the streets and enters into a contract to have the work done, he could see no reason why the preliminary work could not be done immediately. He said, however, that this is not an engineer- ing opinion. 1-11 1 1 1 353 Mr. Graves said legally t1ie town may not have to do anything this winter but morally he thought they should. He asked how deep a hole they would have to get into before the town is responsible. Mr. Lynch replied that the town has no respons- ibility whatsoever. The subdivision was laid out be- fore the present Board of Survey regulations. He axQ plained that a situation such as this cannot happen again. Miss Ryan, 36 Ledgelawn Avenue, said that she has been told the Fire Department has refused to go in these streets in case of a fire. The Chairman said he did not know who told her but he would say very strongly that it is not so. Mr. Robert McDonough, 29 Liberty Avenue, said that as a member of the Boston Fire Department he did not be- lieve any apparatus could get into thses streets. The Chairman said that the Lexington Fire Department would go in at. any time. Colonel Bruce Esked if there were a room in the building available for this group 0 meet this evening. The. Chairman said the Board would be very glad to have them meet in the Engineering Department on the second floor. Colonel Bruce suggested that they retire and discuss the matter among themselves and return some de- cision to the Board. The group retired at 9:55 P. M. Mr. Lynch remained and Mr. DeFoe entered the meet- ing. Mr. Lynch reported that the house on Rowland Avenue, owner by Mr. and "yrs. Harmon, was given to Lee Tarbox to sell. Mr. Tarbox had a customer for it and there were seventeen people in the family. Mr. Tarbox was concerned and asked the Building Inspector to go down and look the house over. Mr. Lindstrom inspected the house and it is his. opinion that it is in a very dangerous condition. Under the law he posted it as being dangerous. After it was posted a bill in equity was filed by the Harmons Bldg. Com - against Lee Tarbox and E. A. Lindstrom. A hearing was plaint and held on the bill in equity in the Superior Court. A dis- report missal of agreement was filed. According to law the Building Inspector was required to appoint a Board con- sisting of the head of the Fire Department, a surveyor and a disinterested party. After conferring with the Chairman of the Board of Selectmen and the Town Counsel Mr. Lindstrom appointed Stanley Phalen, a biiiider, as the disinterested party, Gordon Northrop as the surveyors, and the Board of Selectmend etermined Harold Roeder to be the head of the Fire Department. Mr. Lynch stated that he has three copies of three individual reports made by these persons. He also read the composite report of the three men board, a copy of which was sent to Judge Northrup and a copy sent to Mr. Harmon who now lives in Sudbury. 354 He stated that other reports had been obtained from two Lexington contractors who examined the prom- ises upon the request of Judge Northrup. Mr. Lynch read a letter from Custance Bros., Walter G. Bleck and Lawrence J. Phillips, a construction engineer. These three claim that the building is not in a dan- gerous condition. Mr. Lynch informed the Board that a petition has been filed in East Cambridge for a jury trial. The house is posted as unsafe and is not being occupied. He asked what the Board desired to do. The Chairman asked if Mr. Lynch had any recom- mendations. Mr. Lynch said that he believes there is nothing to do but let the case go to court. He explained that if the Board compromises now it,weakens Mr. Lind- strom's position and if anything should happen at a later date Mr. Linstrom would be responsible. Mr. Nickerson asked if the sale has been definitely lost and Mr. Lynch replied in the affirmative. Mr. Nicker- son asked if this meant the town might have damages if the case were lost. Mr. Lynch replied in the negative. He said that the jury will merely decide whether or not the Building Inspector is correct. The jury can approve the report of the Board, annull the report of the Board, or modify the report of the Board. If it is approved the town will be awrded costs of litigation. If it is annulled Mr. Harmon can get costs against the town. If it is modified costs are then awarded only at the discretion of the judge. Mr. Ramon cannot sue the town for the loss of the sale. Mr. Lynch said that it is his recommendation that the matter be decided by a jury. Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted that the Board of Selectmen abide tow by the recommendations of the Town Counsel. cc 1 At 10:20 P. M., Colonel Bruce returned to the -meet- ing. He said that he felt he could obtain more signatures on the petition. In the meantime they will write a letter to the Board of Selectmen requesting that the Selectmen take under advisement the matter of giving these people a Liberty street at a losser specification than the present type of Ledgelawn Grade A. However, no strings will be attached to the petition petition. The Chairman asked if there would be any strings in the petition as regards to price. Colonel Bruce rpplied that the petition would be "as is". However, they still feel that the typeof street required by the town is superior to their needs. The Chairman asked if Colonel Bruce would personally assume the responsibility of getting the petition back -to the Board with its proper signatures. Colonel Bruce re- plied in the affirmative. Colonel Bruce retired. Mr. Lynch retired ct 10:45 P. M. 355 Mr. DeFoe referred to a request received for a street light on Circle Road. ,He reminded the Board Street that this request was submitted about a year ago Lights and denied. The Chairman asked about the merits of the case. Mr. DeFoe said that there is only one house in the street and his recommendation would be to deny the 'request. Mr. Nickerson moved that the request for street lights in Circle Road be denied. Mr. Driscoll seconded the motion and it was so voted. Mr. DeFoe reported on the retaining wall at 440 s Massachusetts Avenue. Several weeks ago the Board re- ceived a letter from Dominic Varello stating that the present condition of the wall is hazardous to his Retaining family, and he requested the town to remedy the situation. Wall Mr. DeFoe informed the Board that this was brought to his attention when he first took over his duties as Superin- tendent. Mr. Cosgrove was then Town Engineer. He checked the wall and advised Mr. DeFoe that it is not located on town property. Mr. DeFoe has had Mr. Burns, the present Engineer, check it and he also claims that it is not on town property. Some of the stones, however, may project. He_said that he tried to learn the history of the stonewall but he has been unable to find out who built it or when it wasbuilt. lie said he doesn't believe the town has any obligation and it would appear to him that Mr. Varello would have to prove the town built the wall. The Chairman asked if the Board desired to have Mr. DeFoe advice Mr. Varello that according to his records the stonewall is not on town property and accordingly no responsibility of the town. Mr. Gay moved that Mr. DeFoe so advise Mr. Ferello. Mr. Nickerson seconded the motion and it was so voted. Mr. Devoe stated that he had received a request for an abatement of a water bill for 9 Oakland Street. Mr. DeFoe informed the Board that he checked the average bills Abate for each quarter for the seven quarters previous to one water year ago. The average is $3.72 per quarter. Because of the bill fact that there was no one home the meter was not read for . three readings previous to the recent reading. The bill for the year is $124.70. He said this situation seemed to be comparable to the one which the Bo::rd adjusted for the Bedford Airport. He recommended that $87.51 be abated. Mr. Dr1,sco11 moved that Mr. DeFoe be authorized to abate the water bill for 9 Oakland Street in the amount of $87.51. Mr. Hoyt seconded the motion and it w as so voted. Mr. DeFoe presented a sketch of Preston Road with its relation to a request received from Clinto P. Weldon for the extension of the sewer main from the existing man- Sewer Ext. hold to the property at #11. He explained that the town can assess two lots and will collect $633.04. 356 The estimated cost for the extension is iii980. The Chairman felt that the Board might run into the same problem as was encountered with an assessment on the property on Dee Road. The Chairman asked if it were a health problem and Mr. DeFoe replied in the negative. The Chairman said in view of the work the Public Works has to do he thought that anything that could be reasonably deferred should be and suggested that Mr. DeFoe confer with the petitioner, which he agreed to do. Mr. DeFoe requested the Board to consider the possibility of covering the Public Works Building with a night watchman. Mr. DeFoe informed the Board that one of the town men, a Mr. Belcastro, has injured his shoulder and cannot do heavy work. He is now receiving compensation but would work nights at the Public Works Building. However, the best arrangement Mr. DeFoe has been able to make is for Mr. Belcastro to work Monday, Tuesday, Wednesday and Thursday from 5:00 in the after - Public Works noon until midnight. He wants Friday nights off. Thisl Building would mean having a relief man. He will work Sundays, Watchman He will not work from 7:00 in the morning until midnight but will go to work at one o'clock and work until midnight. On Saturdays he will work from 12:00 noon until midnight. He wants $50.40 a week and the man to work on Fridays and Sundays wants $14.95, making a total of $65.35 for the watchman covering the Public Works Building. The Chairman asked how much of this would be saved in Mr. Weisinger's pay. Mr. DeFoe replied $33.00 so that it would cost the town twice as much. Mr. Nickerson asked if the watchman would work ser- vicing the cars. Mr. DeFoe replied that he would keep the place clean and gas the trucks„ The Chairman said this arrangement would cost ap- proximately $1,700. a year. Mr. Hoyt said the there would be a man in the Public Works Building from 5:00 in the afternoon until midnight which the town does not now have. It was decided to give. the matter some further thought and hold it over until the next meeting. Mr. DeFoe requested the Board's approval for the pay- ment of oneweek sick leave to Miss Rita McNamara. He informed the Board he had paid her for three weeks and ac- cording,to Mr. Carroll should have paid her for only two weeks. M'. Hoyt moved that Mr. Devoe be authorized to ppy Miss McNaliara the additional one weeks sick leave. Mr. Driscoll seconded the motion and it was so voted. Sick Leave Pay 357 Mr. DeFoe informed the Board that he had received a request from Mrs. Scurto for the installation of a Water water main on Hillcrest Avenue. The Chairman informed request Mr. DeFoe the Town Counsel has filed a petition relative held up to this property and suggested that he contact. the Town Counsel before any action was taken on ther equest. Mr. DeFoe reported on the drainage in the vicinity Drainage of 24 Hancock Street and stated that he has informed Mr. York that this item will be included in the budget for consideration next year. Mr. DeFoe presented a sketch of Vine Brook and ex- plained that he intends to clean it out starting at Vine Brook Road up to Liberty Drive. The Chairman asked if this project were the fulfillment of the town's agreement with the Ryders to clean Vine Brook. Mr. DeFoe replied in the affirmative. He explained that it has to be deepened because it has filled up and the deepest cut will be about Cleaning fouk' feet. The Chairman called Mr. DeFoe's attention to of the fact that if the town starts changing the water levels Vine it will be getting into property rights. Mr. DeFoe said Brook that it could not very well be cleaned out without removing something from the bottom. The Chairman said he did not be- lieve Mr. DeFoe should do anything without getting written permission from the Ryders and also consulting the Town Counsel. It was agreed that Mr. DeFoe s hould contact the Town Counsel and also obtain an opinion from Metcalf and Eddy and report back to the Board before any work is started on Vine Brook. Mr: DeFoe requested permission to improve Grove Street. He explained that he intends to leave the present Improve road as it is, without trying to widen it. He will start Grove St. where the macadam ends and give that portion a:surf ace. The estimated cost is $4,100 and it will then be practically a Grade B street. He informed the Board that he has sufficient funds to do the vo rk. The Chairman asked if t hiswere a project included in the budget that will cost more than was anticipated but one which Mr. DeFoe believes should be done. He replied in the affirmative. Mr. Nickerson moved that the request for per- mission to improve Grant Street be granted. Mr. Hoyt seconded the motion and it was so voted. Mr. DeFoe stated that early in the Spring the Arlington Gas Light Company requested permission to construct a gas Gas main in Hancock Street, but at that time the Board felt it Main would be better to wait until Bedford Street water main con- struction work was under way. Mr. Hoyt moved that the request for permission to construct a gas main begranted. Mr. Dris- coll seconded the motion and it was so voted. 358 Signs Mr. DeFoe informed the Board that a Mr. McNeil, Hillside Terrace, requested the placing of "Go Slow - Children" signs. He said that he had discussed this with the Chief of Police and they came to the con- clusion that if these signs were erected on all back streets they would not be too effective, The Chairman inquired as to the cost and Mr. De - Foe replied that they would be about $10.00 each, in- stalled. The Chairman said that many people may feel the signs are important and it was the opinion of the Board that Mr. DeFoe should make. every effort to grant Mr. McNeil's request. Mr. DeFoe retired at 12:00 P. M. It was agreed to adjourn the Selectmen's meeting until Tuesday night, September 20th, at 7:30 P. M. 1