HomeMy WebLinkAbout1958-02-10 Board of Public Works Minutes February 10, 1958
Regular Meeting of the Board opened at 7 :30 P. M.
Present were Chaimpan Donahue, Messrs, Hopkins, Zanni, and - Superin-
tendent Putnam, `
Minutes of previous meeting read and approved.
Signed voucners and payroll for payment.
Public Hearing held at 8:00 P. M. regarding petition of New England
Tel, & Tel, Co, to install underground conduits on Lowell Street at Beverly
(Private) Road and at a point North-Westerly of Lowell Street Rail Road Bridge,
for temporary overhead cable installation during bridge reconstruction. No
abuttor appeared at the hearing. Petition granted.
Moved, seconded and voted to abate the April 1, 1956 water bill in
the amount of $24.00 for the property at 29 Lawrence Road, formerly owned
by Louis Ferrullo, now owned by William Swift et ux.
Received letter from Reading Council of Girl Scouts, Inc„ Mary K.
Hobart, Secretary, requesting abatement of two (2) Sidewalk Assessment bills
for -sidewalk construction on Forest Street.
Inasmuch as the Reading Council of Girl Scouts, Inc. , is a non-profit
organization, supported by community funds, it was moved, seconded and voted
to abate the two bills as requested, as listed:
ASSESSORS AMOUNT
BILL NO. OWNER PIAT LOT ABATED
41 Reading Council of Girl Scouts, Inc, 68 1 $19231 .91
43 Reading Council of Girl Scouts, Inc. 68 4A0,1
Total Amount Abated - - - $1,472.04
Received several requests for abatement of Sewer Frontage Assessment,
Sidewalk Assessment and Street Assessment bills, Each request was carefully
reviewed, and the following action was moved, seconded and v6ted :
SEWER FRONTAGE ASSESSM"r:NTS .
TOTr
APPLICANT ADDRESS ASSES34ENTTT ACTION OF BOARD
war parker 34 Woodward A*/anue s e ,
Edward J. Taylor 232 High Street 480.63 No Abatement
James T. Rankin 73 Grand Street 695.38 Abate $212.50
Itndrew J. Crovo 62 Deering Street 446.88 No Abatement
SIDEWALK ASSESSMENTS
R. W. Peterson 1056 Main Street. r .86 Abate $34.00
ST=T ASSESSMENTS
Edward E. Bangs 2� Cali£orn a Road, 9 .13 Abate $614.35
Beulah R. Powers 151 Howard Street, 111.92 No Abatement ,
Lawrence J. Delaney 159 Howard Street, 111.92 No Abatement
Received written opinion from the Town Counsel regarding method by
which owners of private property may be permitted to construct sidewalks
on public ways abutting their properties, which hereby becomes a part of
these minutes:
February .5, 1.958
James T. Putnam, Superintendent
Board of Public Works
Municipal Building
Reading, Massachusetts
Dear Jim:
You have asked for my opinion as to whether or not the Board of Pub-
lic Works can permit owners of private property to construct sidewalks
abutting their properties and at their own personal expense .
Section 4 of Chapter 85 of the General Laws of the Commonwealth of
Massachusetts provides that : "A person owning or occupying land adjoining
a public way in a town may construct a sidewalk within such way and along
the line of such land, indicating the width of such sidewalk by trees,
posts, or curbstones set at reasonable distances apart, or by a railing,
But this section shall not affect the authority of surveyors of highways
or of road commissioners, or any other authority which can le gally be exer-
cised over ways, or diminish the liability of any person for unreasonably
obstructing ways, nor shall it apply to cities."
Section 25 of Chapter 83 of the General Laws gives the Board of Pub-
lic Works, acting as road commissioners,. the general authority over the
establishment of sidewalks in the public wbys.
I also find that the Massachusetts Supreme Judicial Court in a deci-
sion rendered in 1928, stated that. a person building a sidewalk under the
provisions of Section 4 of Chapter 85 is liable for negligence in caring
for it.'
It is my opinion that the Board of Public Works, acting as the road
commissioners, have the authority to enter into an agreement with a person
"owning or occupying land adjoining a public way in a town" to construct a
sidewalk within such way, such sidewalk to be built at the entire expense
of the abutter and on the terms and conditions as established by the Board
of Public Works. Ther terms and conditions would include the items set
forth in your letter of May 22, 1957 and particularly the specifications
determined by the Board. Such an agreement should also be clear to the
effect that the abutter would be responsible for all claims arising out of
the negligent maintenance of that sidewalk. As previously stated, the an-
it
3
tire cost of construction of such a sidewalk would , under these conditions,
be paid' for by the abutter.
Very truly yours,
( signed) Carl H, Amon Jr,
ar , Amon, r,
Received written opinion from Town Counsel regarding occupancy of a
drain easement by a property owner with consent of the Board, which hereby
becomes a part of these minutes:
February 5, 1958
James T. Putnam, Superintendent
Board of Public Works
Municipal Building
Reading, Massachusetts
Dear Jim:
you have asked for my opinion as to whether or not the Town can enter
into an agreement with the owner of land through which the Town has a storm
drain easement, whereby the owner could erect a garage over the easement,
with a reservation to the Town of the right of access to the drain,
- A land owner has no right to erect an obstructing building over a
drain in the absence of an agreement or license and the construction of
such a building would be enjoined by the courts.
Chapter 83 Section 4 of the 'General Laws of the Commonwealth, gives
the Tmwn the autnority to install storm drains o2f the highways. It also
provides that the land owner may erect a. bridge over the drain with the per-
mission of the Town and that the easement may be discontinued by recording.
I find that there is a decision of the Massachusetts Supreme Court
in 1845 to the effect that a license granted to a land owner to obstruct an
easement may constitute an abandonment of such an easement.
I do not find any specific authority either by statute or by cases '
giving the Town ,the right to enter into any agreement for construction over
an easement. However, there is an inference to be drawn from Section 4 of
Chapter 83 as well as certain cases which deal with easements in general
and the granting of licenses in connection therewith.
It is therefore my opinion that the Town can enter into an agreement
with the owner of land for the construction of a garage over an easement.
Such an agreement would have to be very carefully worded so that it could
not be interpreted as either an abandonment of the easement or an unlimited
right for the use of the lard,
�y
I enclose herewith a draft that I have prepared for such an agree-
ment. Tnis is only a draft and would have to be changed in order to state
the appropriate facts and also to ment your practical requirements. If
you proceed with such an agreement, will you please be sure that I examine
it before it is executed.
Very truly yours, '
( signed) Carl H. Amon Jr.
Carl H. Amon, Jr.
Received letter from Weston & Sampson, Consulting Engineers, enclos-
ing a supplement to Table H on Pane 5 of their Water Supply Report dated
January 6, 1958, said supplement estimLting in detail Engineering Services,
Design and Inspection.
Moved, seconded and voted to revise the costs listed in Report to
Finance Co=ittee, Proposed 1958 Water Supply Improvements, dated February
81 1958 to include the Engineering Services, Design and Inspection, includ-
ed in Weston & .Sampsons letter previously voted herein, and to present to
the Finance Committee on February 11, 1958 the following Report:
REPORT TO FINANCE CO1.MITTEE
PROPOSED 1958 WATER SUPPLY IMPROV>2,71NTS
FE_RUARY 8, 1958
Tne Board of Public Works, at a Special Board Meeting held Saturday,
February 8, 1958 voted unanimously to recommend to the Finance Committee an
the Town Meeting certain items, as listed in the Report on Water Supply
dated January 6, 1958 by Weston & Sampson, Consulting Engineers, for con-
struction in the year 1958. The Board fully realizes the seriousness of the
present economic problems besetting the Town of Reading-it also Is acutely
aware of the inadequacy of the present municipal water supply and the rapid
continued growth in pupulation of the Town, with increased demand for water
usa e.
Therefore the following items are recommended :
ITEM: OF WORK ESTEv ATED COST SCHEDULED FOR
Booster Pumping Station for County, Lothrop,
Jere Roads, Incl. Engineering and Inspection 6,025.00 1958
2. First .75 MCD Gravel Wall Well, pumping sta-
tion in Revay Brook Meadow, and 10" connect-
ing main via Bradford Road, Fluoridator, etc .
incl. Engineering 55,875.00 1958
3 . Westerly Loop Main, 10,000: feet of 12" mµ10.00
(incl, connections, ledge,. Engineering and In-
spection) 100,000.00 1958 - 1959
.f
4- Second .75 MGD Gravel Wall Well, pumping
Station in Revay Brook Meadow, incl. Engin-
eering, Inspection and connection. 31,100.00 1958 -1959
Estimated Total Cost - - - 0193,000.00 - - - plus costs of land damages,
which have not been determined as yet.
It was also voted unanimously by the Board of Public'-Works that action
on the proposed 1.0 MG low level standpipe and 0.3 MG high level elevated
tank off Lothrop Road, estimated to cost ip137,500.00; and the 16^ connecting
main from the proposed low level standpipe to the Westerly Loop Main, and
the 8" connecting main from the proposed high level elevated tank to Lothrop
Road estimated to cost 016,200.00; be held in abeyance for no longer a period
of time than is required to determine the effects of the additional water
supply, pumpage and distribution improvements recommended under the first
four items in this Report.
Coleman J. Donahue, CHAIRMAN
Walter S. Hopkins, Jr.
Kenneth R. Johnson
Domenick Zanni, Jr.
. , , Harold D. Kilgore, Jr.
BOAd) OF PUBLIC WORKS
TOWN OF READING
Received written and oral report from Superintendent regarding negot-
iations with Roderick. Hogan, 20 Summer Avenue, concerning drain and headwall
'easement through his property. Superintendent instructed to continue nego-
tiation.
Moved, seconded and voted to authorize the Superintendent to write
a series of articles for publication in The Reading Chronicle giving a his-
torical background o£ the municipal water supply development, for the pur-
pose of publicizing the articles to be presented at the annual Town meeting
regarding additional water supply. ,
Received petition signed by several abutting property owners on Dana
(Private) Road, requesting a re-hearing on acceptance of said road on the
grounds that sufficient time was not given at the Hearing held January 27,
1958 for proper discussion of the acceptance.
Moved, seconded and voted to advertize for a re-hearing on February
17, 1958.
�`
Received written opinion from Town Counsel regarding authority of
the Board relative to imposing water restrictions in certain instances,
which hereby becomes a part of these minutes: '
February 5, 1958
James T. Putnam, Superintendent
Board of Public Works _
Municipal Building
Reading, Massachusetts `
Dear Jim:
Ygu haveaskedfor my opinion as to whether or not the Board of Public
Works may, in times of a shortage, restrict or cut off the supply of
water to industrial users, and if so, whether it can discriminate against
a particular user. '
Chapter 405 of the Acts of 1889 gave the Town the right to establish its
own water supply. Section 3 of this Act specifically provided that the
Town "may .regulate the -use of water. . .^
As a general rule, a water company is not allowed to discriminate against
individual users. _ This was decided by the Massachusetts Supreme Judicial
Court in a 1922 decision.
Along the same lines, Section 92 of Chapter 164 (applicable to water works
by reason of Section 2 of Chapter 165) provides that a person may obtain '
an order for a watsr company to supply him with water "upon such terms and
conditions as are legal and reasonable".
It appears that as a general principle of law, a water company must act rea-
sonably to provide water without discrimination to all persons within its
area of service.
I assume that we do not have specific contracts with all water users, irre-
spective of whether they are residential or industrial. However, the ini-
tial supplying of water and the continued practice in doing so over a period
of time, might give rise to an ir-plied contract to provide water irrespective
of the circumstances unless there is a restriction on all customers.
It is my opinion that, in the aosence of a, specific contract, the Board of
Public Works, as the Water Commissioners, does not have the authority to
restrict the use of water by any particular customer or to shut off water
for any particular customer. The Board of Putlic Works can either restrict
or shut off all users in a stated class, such as industrial, provided that
the action taken is reasonable under all the circumstances. It is my fur-
ther opinion that such action would be reasonable if all industrial users
were restricted in times of abnormal and severe water shortages.
I have one further thought in the matter. In view of o ur experience over
the past few years, and the possibilities of problems arising even if there
were a restriction for the general industrial class, I suggest that the Board
give some thought to the possibility of special legislation giving the spec-
ific authority to the Water Commissioners under stated circumstances. ,
Very truly yours,
( signed) Carl H. Amon lr -
Carr H. Amon, Jr,
Received written opinion from Town Counsel regarding the legality
of constructing a wading pool in Memorial Park, which hereby becomes a
part of these minutes:
February 5, 1958
James T. Putnam, Superintendent
Board of Public .Works
Municipal Building
Reading, Massachusetts
Dear Jim:
You have asked for my opinion as to whether or not the construction of a
wading pool at Memorial Park would conflict with the terms of the deed con-
veying this area to the Town.
The deed of gift of the land cor..prising Memorial Park, contained the follow-
ing languaze:
"Said land is to be improved and maintained as a public park, shall
be laid out and ornamented with trees and shrubbery, as a place for
healthful rest, recreation and amusement for people of all ages,
with proper facilities for such children' s sports as can be gener-
ally indulged in by them, and tend to their proper development and [
furnish them with amusement, but said land shall not be used as a
playground for football, baseiAail, soccer, and kindred games, or
any games that are in their R-ture hazardous or require fenced en-
closures or tend to draw together crowds of pipople or interfere
with the quiet enjoyment of those whose homes are intheimmddiate
neighborhood."
It is my understanding that the Recreation Committee desires to construct
a wading pool which would be used by only the younger children, would be
completely fenced, and would be similar in all respects to the one present-
ly located at Birch Meadow. The terms of the deed exclude the use of the
land for "games" that are (1) "in their nature hazardous", or (2) "require
fenced enclosures", or (33 "tend to draw together crowds of people", or (4)
"interfere with the quiet enjoyment of those whose homes are in the immed-
iate neighborhood".
The restrictions as enumerated in the previous paragraph are conditioned
upon "games" being involved. I find that the Massachusetts Supreme Court
in a decision rendered in 1934 stated, "the word 'game' is very comprehen-
sive and embraces any contrivance or institution which has for its subject,
the furnishing of sport, recreation, or amusement" . This is every broard
definition and would undoubtedly include "wading" as being "recreation".
However the U. S. District Court for Massachusetts in a 1937 decision stat- '
ed, "it must be conceded that, as generally understood, a name involves a
sport or div4nsion in which two or more persons compete". This latter de-
cision Seems to me to be the more practical one inasmuch as it calls for
some f$rm of competition. This definition would also be supported by the
terms of the deed because there is a reference to "Football, baseball,
soccer, and kindred games" which indicate that the grantor had in mind com-
petitive activities, as distinguished from amus;ment generally.
It is therefore my opinion that the construction of a wading pool in "iem-
orial Park is not a gave" as intended by the deed of gift of the land and
such a pool may therefore be constructed.
I think that this $pinion is further supported bJ the fact that the -deed
also states that the land shall be "laid out and ornamented. . .with proper
facilities for such children' s sports as can be generally indulged in by
them and tend to their proper development and furhish them with amus :ment."
In my opinion, a wading pool for children would clearly come within the
terms of the deed as being a facility for the stated purpose.
In considering this question and arriving at my opinion as stated, I have
not consulted with any of the original grantors of this land, nor with
their heirs. '
I am send a copy of this letter to Mr. Rixon.
Very truly yours,
(signed) Carl H. Amon Jr
Car H. Amon, F.
Examined Registry of Deeds Plan for approval-land owned by Lewis
Estate on New Service Road off West Street. Superintendent reported plan
might not be legal, and was instructed to investigate further and report
back to Board.
Board adjourned at 11:30 P. M.
Respectfully submitted:
Secretary