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HomeMy WebLinkAbout1949-10-24425 SEE PAGE 406 SELECTMEN'S MEETING October 24, 1949 A regular meeting of the Board of Selectmen was held in the Selectmen's Room on Monday evening, Oct- ober 24, 1949, at 7:00 P. M. There were present: Chairman Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt. The Clerk was also present. A letter was received from•Pierre Northrup with further reference to the Victor H. Harmon case. Mr. Nickerson suggested that the letter be acknowledged and Mr. Northrup advised that the Board of Selectmen has thoroughly investigated the subject and in spite Harmon Case of Mr. Northrup's evidence does not believe that there is any lack of integrity on the part of the Building Inspector. The members of the Board all voiced their opinion that there was no question in their minds as to Mr. Lindstrom's honesty and agreed with the sugg- estion submitted by Mr. Nickerson. At 7:10 P. M. Mr. DeFoe met with the Board. He stated that an estimate had been made of what it will cost to construct Grove Street from Burlington Street Chapter 90 as far as the section which has now been done under 1950 Chapter 90. He explained that it will involve con- siderable drainage and 640 feet of 30" pipe and 540 feet of 4" pipe. The Chairman,asked if drainage could be considered under Chapter 90 and Mr. DeFoe informed him that it has in the past. The estimate allowing 10% for contingencies is $22,270. Mr. DeFoe said he believed the town should ask for $8,000 as its portion of the cost. Mr. DeFoe informed the Board that this would be the only project that he would recommend under Chapter 90. The Chairman asked how the Town EI.gineer felt about this work and Mr. DeFoe replied that in arriving at this figure he discussed it with Mr. Burns and that both agreed. The Board approved Mr. DeFoe's.recommendation and author- ized him to request $8,000 as the Town's share under Chapter 90, Grove Street. Members of the Board visited the dump and expressed the opinion that a decided improvement has been made and, Dump, therefore, agreed to continue the program recommended by Mr. DeFoe at the last meeting. Mr. DeFoe referred to Mrs. Smith's request for the installation of a street light at the corner of Harding Road and Bedford Street. He has inspected this during the day but would like to view it some night and also confer with Mr. Smith. It was agreed that Mr. DeFoe is Street authorized to have the light placed at whatever location Light he and Mrs. Smith agree upon. 426 Bid for Pipe - Farmcrest Sewer Farmcrest Seer Vet's Lots Vet Appli- cation Bids Mr. DeFoe requested authorization to purchase•a supply of vitrified clay pipe for the Farmcreat sewer project and stated that he would p rchase only one- half of the pipe necessary at the present' time. He received quotations from the Lexington Lumber Company of $1,755.50 less 2% for two carloads, and from Waldo Bros. of 01,826.30 less 3%. He explained that there is some question as to whether or not Waldo Bros. could make the delivery but the Lexington Lumber Co. assured him of prompt delivery. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to authorize the Superintendent to accept the bid of the Lexington Lumber Company. • Mr. Michael Hopkins and Mr. Edward Martin met with the Board. Mr. Hopkins stated that he and Mr. Martin had circulated the petitions with reference to the Farm - crest sewer and they would like to get some idea as to when the work will be started. The Chairman explained that the Board of Selectmen is very much in favor of having this work done with town help becuase it will save approx- imately $20,000 and it will • also keep the men busy during the winter. He said that the Boerd hoped to begin the work in about one mohth. Mr. DeFoe said that it would probably be started sooner than that. The Chairman ex- plained that both the Supt. Of Public Works and the Town Engineer are of the opinion that no appreciable time would be seved by letting it out on contract inasmuch as specif- ications would have to be prepared., bids advertised, etc. Mr. Hopkins asked how long the project would take once it is started and Mr. DeFoe said it might take six months. Mr. Hopkins and Mr. Martin retired at 7:40 P. M. The Chairman read a letter from Anthony Sanseverino stating that he is interested in purchasing Lot #11 on Cedar Street. Mr. Hoyt moved that Veteran's Lot #11 Cedar Street be sold and conveyed to Mr. Sanseverino proveided he meets the requirements. Mr. Driscoll seconded the motion and it was so voted. A letter was received from Paul J. McCormack, Service Officer of the V. F. W., advising that William J. Donnelan, 40 Cottage Street, a World War II veteran, might well fill the position of Director of Veterans' Affairs. Mr. Donnelan is married, the father of two children and has Multiple Schlerosis. The Chairman asked Mr. DeFoe to contact Mr. Donnelan and get whatever information he can with the thought in mind that he might be able to.use him on some town job. The following bids were received on the purchase of a new car to be used by the Welfare Department: F. K. Johnson, Inc. Frederic R. Childs Mawhinney Motor Sales $1,050.00 net 1,252.10 net 1,514.45 net Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to accept the bid submitted by F.K. Johnson Co. A letter was received from the Appropriation Committee with reference to the consolidation of purchasing supplies and was held over from last week. A copy of the communication had been sent to each member of the Board. The Chairman asked if there were any sug- gestions. Mr. Hoyt said he did not see that there was any way at the present time to take away the prerogative of the department heads, and that this might be something that could be worked out under a town managership. The Chairman was authorized to suggest that the Appropriation Committee take this up with the department heads. A letter was received from Officer requesting disability retirement. Upon Hoyt, seconded by Mr. Gay, it was voted medieal panel to examine Officer Harvey; Crumb to represent the Town. A petition was received s residents of Follen Road with onditions in that area. The this with the Chief of Police detail. At Board's Avenue, Terrace. Mr. Burns, Town Engineer, Messrs. Adams, Couetto, Cromwell, Johnson, Potter and Ripley of the Planning. Board and forty-eight other persons were present. The Chairman stated that unless someone objected the hearings on these five streets would be held con- currently to save time. The Chairman stated that he would like to make the following observations before any open discussion was held; 1. Base - 10" Gravel. 2. Pavement', - at least 2" of hot top and to be 24' wide. 3. Drainage - will be provided. Henry H. Harvey motion of Mr. to appoint a Dr. Harold J. igned by a number of reference to the traffic Chairman agreed to discuss and request a replart in 8:00 P. M. Hearing was declared open upon the intention to lay out Ledgelawn Avenue, Liberty Braemore Terrace, Hamilton Road and Hillside 4.e Appropri- ation Comm. re purchase of suppliee Retirement Request Traffic Street Hearings 428 4. Shoulders to start at edge of pavement with sharp rise of about 7" and slope upwards at rate of 3/8" to foot to property lines. Sidewalks will not be constructed. The shoulder areas will be build': with material excavated from roadway where fill is necessary otherwise areas will be excavated to proper grade. 5. Slo e Easements - where adjacent properties are higher or lower in grade than adjacent shoulders the Town will require slope easements. Slopes to be at rate of la tol. This will eliminate the con- structiom of retaining walls which would increase costs. This procedure has been regular practice in Lexington. 6. We expect slope easements to be given at no charge. The Chairman explained that at present the Board thinks the type of streets to be constructed will be slightly below the Grade A price. It is the Board's opinion that the streets should be finished with hot top, which will be a little cheaper than a Grade A but more expensive than a Grade B. The question was asked if the $6.35 was the charge for each side of the street. The Chairman explained that the streets would be charged on a per assessable front foot basis and this is the abutters' portion figured on the formula dis- cussed at a preivous meeting. Mr. Hunt asked if the 241 pavement was necessary. The Chairman replied that the Town Engineer, Suptt. of Public Works, and the Planning Board are of the opinion that the width of the streets to be accepted should not be less than 24'. He said that the Board does not like an 18' street even though there are some such streets in Lexington. He said that as he understood it, 24' is as narrow as is considered prac- tical from the point of view of snow removal, traffic and parking. He further explained that on through ways the town recommends a 30' pavement. He said he is very sure the Planning Board is definitely opposed to any width less than 24'. Mr. Cromwell, Chairman of the Planning Board, stated that the remarks made by Chairman Emery were correct. The Planning Board feels that the minimum should be 241 and this is the requirement of the new sub -division regulations. The question was asked if it would make any difference if the property owners were willing to grant easements for snow re- moval. Mr. Burns replied that this does not work out well be- cause the property very often changes hands. The Chairman stated that the Town of Lexington has never put in a hot top street before. The Board is recom- mending this because the people in these areas wanted a street less expensive than a Grande A. He said the Board cannot promise that it will be cheaper but hopes that it will. 1 1 1 He explained that the abutters will be charged for only one half of the drainage cost where the drain- age is coming from their particular area. Drainage com- ing down from North Hancock Street will not be charged to this project. He said that everything had been done which can consistently be done to get these layouts ready for the Town Meeting and keep the costs down. He explained that in recommending a 24' street the Board does so becuase it is convinced that it is the wise thing to do. Someone asked if every street from this time on would be 24+ wide. Mr. Cromwell of the Planning Board replied that the streets may be wider, but the Planning Board would not recommend anything less. The Chairman explained that the present Board cannot bind any future Board but it is this Board's intention to stay with a 241 street. Someone asked why they couldn't have a Grade B street. The Chairman replied that the Board does not think it ad- visable to put in a street without a hard surface. Mr. Miller stated that a cheaper street would serve the people in this area just as well as a Grade A. Mr. Burns stated that if the town builds a street, whether it is A or Bs when.it is accepted by the Town, the Town then assumes the responsibility for maintaining it. He stated that where the town participates in the cost to a very large amount it would seem wise to cut down on the maintenance cost over a period of years. Mr. Cromwell explained that Grade B streets have never been accepted by the town because they do not last and are not a good proposition for the town or the abutters over a long period of time. Mr. Burns stated that all the streets built during the last three or four years have been macadam. The town has received complaints because it is difficult to walk on these streets. He explained that the proposed streets are smooth and will eliminate for some time the need of any sidewalks which will be an additional cost to the abutters. Mr. Miller asked if there would be any curbing and the Chairman replied in the negative. One individual stated that it is presumed that the cost of the streets will be between y$6.35 and $5.35 for each assessable running foot. The Chairman replied that was correct. The question was then asked if the town shares some of the'cost, what would it be. The Chairman replied that the town will absorb one half of the cost of the drainage that originates in that area. The drainage from North Hancock Street will be paid for 100% by the town. One individual stated that if the bids are let out and the maximum charge is 46.35 they may reach for the figure. The Chairman said he did not believe the contractors would have any idea what the 46.35 figure meant. 429 430 Mr. Burns explained that all the contracts have been based on a state standard and are figured on a unit cost. He said there is no possible way the bidders can tell what the town is going to charge as an assess- ment. The Chairman explained that betterments are assessed lander the Betterment Act which the town accepted. some years ago. The abutters pay an assessment calculated to reflect the true benefit to the individual parcel of land. It has been the policy of the Selectmen for many years to consider that betterment to be the total cost of the streets. Two years ago the present Board modified that and had the town assume one-half the cost of drainage and bring it down to an assessable front foot cost. He explained that if there is a section where a large drainpipe is laid to serve other areas too, credit is given. He said that if an abutter does not feel satisfied with the betterment assessed by the Board he has the right to dis- cuss it with the Board. If the Selectmen do not reduce the betterment he then has the right to take it to Superior Court. If the Court allows that the Board of Selectmen have figured the assessment too high, it cen then be reduced. A number of individuals present spoke at length with reference to the width of the street:. The Chairman asked Colonel Bruce if it was his orinion and the opinion of the committee of five that the people in this area do not want the streets accepted unless the pavement is reduced to 18 feet. .Colonel Bruce said it is immaterial to him as long as he gets a street. However, some of the people live in a little diff erenttsituation. He explained that Mr. Schector who insists upon an 18 foot street leves where the traffic will divert from Hancock Street and go by his house. He has children and they have the habit of playing in the middle of the raod. Colonel Bruce sEid, of course, there will be traffic.:on-any street, but to invite the traffic by putting in a 24 foot street is the thing that Mr. Sbhector is worried about. He said he did not believe he was concerned about the additional cost. The Chairman said that if the people in these areas do not want the streets unless they are to be 18 feet wide it might as well be known right now. Colonel Bruce said that he would personally prefer a 24 foot street. The Chairman explained that there is very little difference in the cost between an 18' and a 241 street. The Chairman explained that the acceptance of streets requires a two-thirds vote of the town meeting and if there is opposition to a 241 street he thought they might not be accepted by town meeting. Mr. Potter stated that the Planning Board will not approve of any street with less than a 241 pavement and will not support it at town meeting. Colonel Bruce said that he believed that everyone who has not expressed an opinion feels that the layout proposed by the Town Engineer is acceptable and that the Engineer has done a fine job. 1 1 1 The Chairman took a vote on the layoutsas pre- pared by the Town Engineer on each individual street to be constructed with a 24! pavement as follows; Liberty Avenue, from Ledgelawn to beyond Hamilton Road, a distance of approximately 1,220 feet - 2 in favor, 8 opposed. Hillside Terrace, from Ledgelawn Avenue, a distance of approximately 120 feet - 1 in favor, none opposed. Hamilton Road, from Ledgelawn Avenue to North Hancock - street, a distance of approximately 535 feet. - 2 in favor, none opposed. Braemore Terrace, from Liberty Avenue to North Hancock Street, a distance of approximately 280 feet - 4 in favor, none opposed. Ledgelawn Avenue, from Bedford Street to beyond Hamiton Road, a distance of approximately 2,135 feet. 18 in favor, three opposed. Colonel Bruce said that there are people living on these streets who are opposed to an 181 street who did not attend the hearing. He said he thought in all fair- ness to those who had taken so much time on these projects that it could be assumed that those who did not appear in opposition could be assumed to be in favor. The Chairman declared the hearing closed and stated that the Board will get in touch with the Committee before Town Meeting and advise that committee what the Board pro- poses to recommend. The group with the exception of the Planning Board, the Town Engineer and the Supt. of Public Works,, retired at 9:45 P. M. Mr. Cromwell said that the Planning Board understands that a group of citizens in Lexington are opposed to having parking meters. The Planning Board is very much in favor of parking meters. He said that one of the arguments in favor is the f act that it is now possible to use revenue from the parking meters for the development of off-street parking. The Chairman said that he has been advised by Town Counsel that money from the parking meters can not be used on Edison Way becuase that will be a street and not a park- ing area. Mr. Potter said that the Committee on Parking Facilites were of the opinion that there was to be a parking area be- tween Edistn Way and the Depot. Mr. Johnson asked what the excuse is for the street. The Chairman replied that it is for circulation of traffic. 431 432 Mr. Johnson and Mr. Potter said that this was not the idea they had at all. The Chairman explained that the Selectmen told the Planning Board that Mr. Ballard was working on this project but when it reached the point where something crystallized it should then go back to the Planning Board. If the Park- Planning Board now wants to take it over he felt that Mr. ing Ballard would have no objection. Areas and Mr. Potter said that the Planning Board thought the Meters installation of meters would have a tendency to drive park- ing off the main street. If parking meters are not going to be installed a larger area than the one, between Edison Way and the railroad will have to be developed. Mr. Cromwell said that was one reason the Planning Board was in favor of the street because of parking meters and also becuase the Planning Board thought there were going to be parking facilites off that street. He said tha cirbulation of traffic was something in addition. He said that the matters of streets and parking were all part of a unified program. Mr. Potter said he thought it might be difficult to Obtain ah appropriationfor the street without parking meters. Mr. Johnson stated that the town turned down the parking area across the street before and with meters the revenue could be used to maintain this parking area. Mr. Couette asked if there wasnft some understanding that an agreement could be entered into for the use and occupancy of that land for a parking area. Mr. Johnson said that he thought so but now the project is somewhat out of reach. The Chairman asked if the Planning Board felt that they should now take over the work with Mr. Ballard. Mr. Cromwell replied that it is definitely a proper subject for the Planning Board and they would be very glad to have it. The Chairman asked if the Planning Board would like to have the Selectmen suggest to Mr. Ballard that he make an appointment to attend the next Planning Board meeting. Mr. Potter said that he would like to see what is going to happen in as far as parking meters are concerned, first. Mr. Adams said that if the vote on the parking meters is rescinded he did not believe the town would vote for either the road or the parking area. The Chairman asked if the parking meters mould be saved by including this new way. Mr. Adams replied in the aff iramtive. The Chairman asked what would happen if the town counsel rules that the funds cannot be used to defray the cost of the street. Mkva 1 1 1 Mr. Potter said he thought there was enough area on either side of the street to take care of the off- street parking if the street were constructed. Mr. Johnson said that there is a lot of area in the rear of the stores that he thought would become available for municipal parking. He said he understood the street was being constructed to eliminate entrance and exit over Edison Way. He also understood that the Edison, Boston & Maine Railroad and Mr. O'Connell were not interested in entering into any agreement with a group of men but they would enter into an agreement with the Town, if the road were built by the Town. It was agreed that the Planning Board would not take the matter up with Mr. Ballard until after Town Meeting votes on the parking meters. Mr. Hoyt said that he has no desire to change his decision on parking meters and he would move that the Selectmen defend the action. The Board was unanimously in favor of the installation of parking meters and felt very strongly that they would help solve the parking problem. The Chairman referred to the Planning Board's letter of October llth relative to Class B streets. He asked what the Planning Board meant when they referred to exist- ing Type B streets and Mr. Couette replied that they had in mind Follen Hill and Woodhaven. The Chairman said that the Town Engineer had raised a question as to whether the Town should accept all exist- ing Type B streets in subdivisions, or only those con- structed under the Planning Board Act of 1938. Mr. Adams said that the Planning Board had in mind the streets that had been built. Mr. Nickerson asked if it were possible to construct Type B streets with no surface and Mr. Burns replied that it is not possible with the present regulations. The Chairman informed the Planning Board that the Selectmen are in favor of hot -top. The Chairman explained that Mr. Peters, attorney for Mr. Gustave Larson, called him on the 'phone. He told Mr. Peters that the Board voted last webk if Mr. Larson would sign an agreement approved by the Town Counsel, that the project would look so much better to the Board of Selectmen that the question of water on Oak Street would be put on the waiting list and be, done with town labor within two or three months. Mr. Cromwell asked if the next move was for the Planning Board to confer with Town Counsel. The Chairman replied in the affirmative. He said that he assumed that Mr. Peters would contact the Planning Boar, who in turn would get in touch with the Town Counsel. The Planning Board retired at 10:30 P. M. and Mr. -ay acted as Chairman. 9 433 Types of Streets to be constructed Water on Oak Street 434 The Chairman read a letter from Eugene B. Hamilton with reference to the Board's letter of August 16th in which he was advised that his request for the abatement of the sewer and water betterments on lot 176 Ledgelawn Avenue had been refused. Mr. Hamilton stated that his understanding of the Abatementlaws is that no assessment can be made in excess of the actual betterment or increase in value added to a lot because of the bettLrments which assessment is made. He further stated that his attorney expressed confidence in favmrable action by Court. On October 22 the Clerk, at the request of the Chair- man, called the Town Counsel on this subject. The Town Counsel stated that the Board could enter into an agree- ment for deferred payment but it would be more practical• to abate the entire assessment. Upon motion of Mr. Emery, seconded by Mr. Nickerson, it was voted to abate in full the sewer and water betterment assessments of $60.40 and $93.75 respectively on lot 176 Ledgelawn Avenue. An application was received from Marcia Dane for the Use of use of a conference room on October 27th for a meeting to hall discuss ways and means bf helping teen-age in Lexington. Mr. Nickerson moved the use of the room be granted free of charge. Mr. Driscoll seconded the motion and it was so voted. An application was received from the Lexington Field & Garden Club for permission to use Estabrook Hall en the Use of evening of November 9th for a public lecture. Mr. Nicker - hall son moved the use of the hall be granted free of charge. Mr. Hoyt seconded the motion and it was so voted. Use of ha11 Transf er of Funds An application was received from the American Legion requesting permission to conduct a banquet in Cary Hell on Tuesday evening, -November 15th. Mr. Hoyt moved that this use be granted and to be considered one of the six free uses. Mr. Driscoll seconded the motion and it was so voted. The Chairman r ead a notation with reference to the status of the Law:Department Special Fees Account. The balance in the account at the present time is $175. Bills have been re- ceived for the Harmon case in the amount of $500 and in the Chiesa case in the amount of $25. The hearing at the State House on the B. & M. discontinuance of the gates at Hancock and Meriam Streets will have to be paid for as well as the Morey Case and it is possibel that these may run into $600. Mr. Hoyt moved that the Appropriation Committee be requested to transfer the sum of 41,000 from the Reserve Fund to the Law Department, Special Fees Account. Mr. Nickerson seconded the motion and it was so voted. 1 Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to lay out Bow Street from Cummings Avenue, approximately 304 feet. An application was received from Fred N. Viano for a Sunday Movie License. Upon motion of Mr. Nickerson, seconded by Mr. Hoyt, it was voted to approve the appli- cation. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to sign the warrant calling a Special Town Meeting to be held on Monday night, November 14th. The appropriation for the 19th of April Celebration in 1950 was discussed by the Board. Mr. j$oyt moved that the Selectmen r ecommend the appropriation of $12,000. Mr. Gay seconded the motion and it was so voted. The Chairman informed the Board that Mr. Spencer has advised him that the parcel of land where Mr. Silk and Mr. Burgess want to conduct a dump is located in the Town of Burlington with the exception of a very small strip. Mr. Spencer told the .Burlington Assessors to assess the entire parcel and Burlington has prohibited Mr. Silk from dumping on this property. The meeting adjourned at 11:00 P. M. �er S ectme . 435 Lay out of Bow Street voted. License Sign Warrant Amount for 19th of April Dump in Burlington