HomeMy WebLinkAbout1958-06-30 Board of Public Works Minutes June 30, 1958
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' Regular meeting of the Board opened at 7:30 P. M.
- Present were Chairman Donahue, Messrs. Harrison, Florence, Zanni,
Kilgore and Acting Superintendent Putnam.
.Minutes of previous meeting read and approved.
Received letter from Lois M. Connor et al, 268 Franklin Street,
Reading, listing several complaints relative to a 1956 Storm Drain pro-
ject installed by contract adjacent to their property. Letter noted by
Board and Acting Superintendent instructed to investigate subject matter
of letter and report back to Board.
Received the following opinion from Town Counsel Carl H. Amon,Jr.
which hereby becomes a part of these minutes:
June 20, 1958
Mr. James T. Putnam, Superintendent
' Board of Public Works
Municipal Building
Reading, Massachusetts
Dear Jim:
You have asked for my opinion in connection with the ownership of
the land lying northerly of the 1935 relocation lines for Franklin Street
and in which is located an eight inch water main.
It is my understanding that prior to 1934 Franklin Street, at and
near the intersection of Main Street was bound by stone walls as indica-
ted on a plan. In the years 1934 and 1935 Franklin Street was relocated,
as indicated on a "Plan showing Relocation of Portion of Franklin Street,
January 1935 Board of Public Works, Alexander Birnie, Superintendent."
The relocated lines are southerly of the stone wall. Within the area
bound by astone wall the Town has an eight inch water main. This water
main is northerly of the line as relocated in 1935•
It is my further understanding that in the years 1934 and 1935
orders of taking were made by the Board of Public Works and recorded with
the Registry of Deeds, and the area taken thereby is within the lines as
shown on the recorded plans. It is also my understanding that there has
never been recorded any abandonment of that area of Franklin Street which
' was formerly bound by the stone walls.
I have assumed that Franklin Street was originally located between
'the stone walls by an order of taking which took "the right or easement
to use for all the purposes of a town way for the use of said Town of
Reading, the land in said town, bounded and described as follows: . "
This is the same language that was used in the orders of taking in 1934
and 1935.
The area between the stone walls was therefore taken by the Town
as an easement for a public way. The Town did not take the fee. It was
probably the intention of the Town to take the fee but the orders referred
to only an easement.
The Massachusetts law is to the effect that an easement, unlike a
fee, can be abandoned.
The issue raised is whether or not the area located within the stone
wall but lying outside of the 1935 relocation lines for Franklin Street,
has been abandoned by the Town. In the case of the Commonwealth aeainst
Boston and Albany Railroad, 150 Mass. 174, the Supreme Court said:-
"It has often been decided that an alteration of a way
by the construction of it in a different place where it will
serve all the purposes for which it was designed or used,
works a discontinuance of that part of it not included in
the new location, without express words to that effect."
On the basis of this case and others it is my opinion that theTown, by
relocating Franklin Street in 1935, d�iscontimzed or abandoned its ease-
ment within that area that was previously within the stone wall but now
lies outside of the 1935 lines of Franklin Street as relocated, unless
the existence of the water main can be considered as a continued use of
the area involved.
It is my understanding that the eight inch water main was located
on Franklin Street as said existed prior to the 1934 relocation and has
been continued to date as a water main in the same location. You have
advised me that the previous owner of the land lying northerly of Frank-
lin Street was aware of the existence of the water main, and that on
occasions service connections have been made to the main or repair work
has been performed. The Town has therefore taken positive and open action
to continue its use of. the old Franklin Street area for water main purposes
and has, in my. opinion� continued the easement for a water main. It can
also be said that if there were an abandonment of the old Franklin Street
area for the purposes of a public street, there has been no abandonment
for the purpose of a water main, and the Town has continued for a period
of at least twenty years in adverse possession of this land for that pur-
pose. I have therefore concluded that the Town continues to have the
easement for water purposes and that the present owner, First National
Stores, does not have the right to affect that easement unless it be by
an agreement with the Town.
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It is my suggestion that the status of this area should be deter-
mined and established at this time. In the event that the First National
Stores wishes to construct a parking area within the present location of
the water main, that company should bear the entire expense of relocating
the water main either in the present location of Franklin Street or in its
present location but at a lower depth. If the water main is relocated at
a lower depth, there should then be a current order of taking of the area
involved for the purpose of a water easement, and there should be no dam-
ages to the First National Stores for such a taking.
I should be pleased to discuss this matter further with you and
the Board if that is your desire, or, in the alternative, to confer with
counsel representing the First National Stores.
I am returning to you herewith the plan for the relocation of Frank-
lin Street dated January 1935. 1 am retaining in my file photostatic copies
of the orders of taking in 1934 and 1935.
Very truly yours ,
(signed) Carl H. Amon, Jr.
Town Counsel
BY HAND
Received recommendation from the Acting Superintendent, which
hereby becomes a part of these minutes:
' FRANKLIN STREET 8" WATER MAIN
The attached opinion from Town Counsel Carl H. Amon Jr. refers to
the 8" water main at the new First National Store location on Franklin
Street. Reference is made to the 1935 Franklin Street Relocation Plan
for a more specific description of the problem involved.
Have consulted with the First National Stores engineer and super-
intendent re this matter, and they await the decision of the Board.
I recommend that:
1. The Town Counsel be requested to confer with First National Stores
Counsel.
2. That the 8" water main be relocated, at the expense of First Nation-
al Stores, if possible, to a new location in Franklin Street.
3. That following water main relocation, the easement by adverse posses-
sion be abandoned, if so recommended by the Town Counsel. The deci-
sion on this matter will also effect many other similar situations on
Franklin Street.
ACTING SUPERINTENDENT
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Moved, seconded and voted to approve recommendations of Acting
Superintendent as listed herein, viz: request Town Counsel to confer
with counsel for First National Stores; relay new 8" water main in the
relocated portion of Franklin Street; at expense of First National Stores;
abandon the present apparent easement by adverse possession if Town
Counsel so advises; also, to abandon the existing 8" water main now sit-
uate in said present apparent easement.
Received written request from Mr. R. E. Phillips, 361 Lowell
Street, for an abatement on a water bill dated January 1, 1958 in the
amount of $29.70. Moved, seconded and voted to abate the sum of $9.70 on
said January 1, 1958 Water Bill to R. E. Phillips, 361 Lowell Street,
and issue a new bill in the amount of $20.00.
Clifford and Ernest Johnson, representing Johnson Bros. ,of Auburn,
Mass. , whose firm had the 1957 Reading Sewer Contract, conferred with the 1 ,I
Board to discuss payment of certain contract items, including pay limits
of trench surfacing. Board agreed to instruct Acting Superintendent to
prepare complete list of contract items and quantities for Johnson Bros. ,
further information.
Howard McQueston, 72 Mt. Vernon Street a former employee of the
Water Division, appeared before Board to discuss re-employment with the
Department. No action taken by the Board.
Received letter from Weston & Sampson, Consulting Engineers, en-
closing Plans and Specifications for a Booster Pumping Station at the
intersection of County Road and Lothrop Road, as proposed in the Water
Adequacy Study. Moved, seconded and voted to instruct Weston & Sampson
to advertize for bids to be opened July 14, 1958 at 8:00 P. M.
Received letter from Weston & Sampson, Consulting Engineers, list-
ing time schedule plans for several phases of the 1958 water supply im-
provements. Letter noted, and voted to incorporate same in these minutes:
June 20, 1958
Water Supply
Board of Public Works Improvements
Municipal Building
Reading, Massachusetts
Gentlemen:
As requested by Mr. Putnam, we are writing to inform you of the
dates when bid plans and specifications for various items of work will
be ready.
The first gravel wall well in Revay Brook Meadow was installed
at the end of May, on the site of 1957 test well Number 24. Pumping
equipment, pumping station and connecting main must be installed before
it can be drawn upon.
Inasmuch as the 1957 testing for ground water sources did not
cover as much of the Revay Brook Meadow as was desirable for the choice
of a site for the second gravel wall well there, Nine more test wells
were driven during May and June 1958 the logs of which have been submit-
ted to you. Two were in deep peat, the balance on "islands" of gravel
in the Meadow. During this period it was learned from D. L. Maher Com-
pany that 1957 test well #25, near which it had been assumed a second
gravel wall well could be constructed, penetrated 21 feet of peat before
hitting sand. We had been told by the driller that the depth of peat
was less than this, and the log submitted to us, of which you were furn-
ished a copy, did not mention peat. As the proximity of the second
gravel wall well to the one just completed will affect the specified
pump capacity for the one just completed, the choice of the site for the
second gravel wall well is the critical action now pending. Mr. Maher
is for staying away from the sites in peat, fearing iron-bearing water;
the sites on "islands" of gravel- in the Meadow have disclosed boulders
or ledge at less depth than 1957 test well #25. We could recommend that
an additional test well be driven just east of 1958 test wells #1, 2 and
3 to see if greater depth can be attained there. If a promising test
well results the cost of acquiring the necessary additional land and
connecting piping should be weighed against the cost of developing a
gravel wall well at the site of test well #25. An extended pumping test
of a cluster of 2111 wells at test well No. 25, as was carried on last
December at #24, would cost about $600. for the wells and about $1200.
for the pumping test. It would indicate if the ground water from the
sand stratum under the peat is now iron-free, as #24 is; if iron-free
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now, it is admittedly unpredictable whether iron content will increase
with continued use. One method of utilizing a gravel wall well at the
site of test well #25 at minimum expense would be to construct the
gravel wall well with a suction pipe (as was done with the gravel wall
well off "B" line in Hundred Acre Meadow) and pump from it through a
temporary pumping station adjacent to the new gravel wall well- when
the well has been in use long enough to establish its good quaiity, a
permanent pumping station could be erected.
Inshort, testing for the second well in Revay Brook Meadow has
upset the schedule sent you under date of April 14, 1958.
1. Bid plans and specifications for the booster pumping
station for the Lothrop Road area will be ready June 25th.
2. Bid plans and specifications for the pumping equipment
and separate ones for the pumping station building for the
first Revay Brook Meadow well, should be ready by July 18th.
3. We understand that acquisition of property, arrange-
ments for easements and surveys for the connecting
main from the new Revay Brook Meadow well to Willow
Street will be completed by you within two weeks and
that your drawings will be in form suitable to use
for bid plans. This will save us work, and the
specifications should be in your hands by July 21st.
4. Bid plans and specifications for the 12" loop main
in Willow St. , and County Road to Lothrop Road, based
on surveys made by you, should be ready August 4th.
The balance of the loop main in County Road, Service
Road and South Street to Jacob Way will be surveyed by
us, and bid plans and specifications for this section
should be ready August 18th.
5. The second Revay Brook Meadow gravel wall well can be
installed under Maher's present contract as soon as
the. best site is decided upon. Bid plans and specifi-
cations for the station building and pumping equipment
should be ready September 1st.
Yours very truly,
WESTON & SAMPSON
(signed) By George G. Bogren
GGB/rw
In duplicate
' Moved, seconded and voted to give carte blanche to continue neces-
sary 'test well drilling and pumping in Revay Brook area and to purchase
additional land from Dennls 'E. Ainsworth at ux, if so approved by Weston
& Sampson and the State Department of Public Health.
On recommendation of -Acting Superintendent, it was moved, seconded
and voted to award the 1958 Reading Sewer Contract to J. Gavigan Corp.
of Canton, Mass. , for the sewer bid price of 4101,368.00, plus the Alter-
nate B water main contract in Willow Street for the total bid price of
$108,259.00, subject to the posting by Gavigan Corp. of the required bonds.
On recommendation of Acting Superintendent, it was moved, seconded
and voted to instruct J. Gavigan Corp. to install sewers in the following
order of precedence:
1. West Street-from near Longwood Road to beyond Selfridge Road.
' 2. Intervale Terrace-from near John Carver Road to High School Inter-
ceptor.
3. Wescroft Park Section-Randall, Coolidgel Springvale, Wescroft and
Overlook Roads.
Received the following report regarding the revised metered water
rate charges from the Acting Superintendent , which hereby becomes a part
of these minutes:
REVISED WATER RATES AND CHARGES
The revised METERED WATER RATES voted by the Board on June 30,
1958 have been studied, analyzed, and a new rate sheet roughed out for
use of the billing clerk.
One phase of the rate structure should be agreed to by the Board,
which is the initial step from 1100 to 1200 cubic feet where the minimum
Charge for Six (6) months or any Portion Thereof of $5.00 becomes the
First 3000 Cubic Feet ® .45 per 100 cubic feet.
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EXAMPLE
1100 Cubic Feet - (minimum Charge $5.00) ® .45 = $4.95, but a $5.00
Charge is levied, gaining .050
1200 Cubic Feet, in the rate structure, ® .45 = $5.40
Therefore, the rate schedule, as madeup, starts at 1200 cubic
feet ® .45 per 100 cubic feet, ignoring the .050 breakage. The rate
schedule then continues In a normal manner.
ACTING SUPERINTENDENT
Moved, seconded and voted to approve initial step-rate of metered
water charges as outlined by the preceding report.
Moved, seconded and voted to approve the following letter to the
Finance Committee regarding revised Water Rates and Charges:
June 30, 1958
Mr. William H. Dolben, Jr.
Chairman, Finance Committee
32 Copeland Avenue
Reading, Mass.
Dear Mr. Dolben:
As requested by the Finance Committee at a recent meeting with
the Board of Public Works at which Water Division Finances, including
Hydrant Rentals, were discussed, the Board of Public Works submits
herewith a proposed revision of Water Rates and Charges, based on a
reoomnended future Hydrant Rental of $40.00 per fire hydrant annually.
PRESENT METERED WATER RATES
First 3,000 Cubic Feet, per 100 cubic feet ® .400
Next 3,000 " " " ® .35�
Next 4,000 ^ " " " " " ® .300
Next 10, 000 ® •250
Next 10,000 " " " " " " ® .200
All in excess of 30,000 cu. ft. ® .150 Per 100 cu. ft.
PROPOSED METERED WATER RATES
Minimum Charge For Six (6) Months Or Any Portion Thereof - $5.00
First 3,000 Cubic Feet, per 100 Cubic Feet @.45
Next 7,000 n n it u it n @.40
Next 10,000 It " If it " @.35
Next 10,000 it " to " If
" @.30
All in excess of 30,000 Cubic Feet, per 100 Cubic Feet @.25
SERVICE PIPE RENEWAL CHARGES
Present Charges: $10.00 entrance fee, . 50¢ per lineal foot
on private property
Proposed Charges: $2. 50 per lineal foot, water main in street
to house cellar.
HYDRANT RENTALS
Present Hydrant Rental Charge: $15.00 per hydrant annually
Proposed Hydrant Rental Charge: $40.00 It it "
Main Pipe Construction, Service Pipe Construction, Service Pipe
Maintenance, and Drinking Fountains, are not altered, as present charges
are deemed adequate.
It is estimated that with these Proposed Water Rates and Charges,
Water Receipts in 1959 will be increased by the amounts shown in the
following tabulation:
ITEM ESTIMATED INCREASED REVENUE
Metered Water Rates - $19,000.00
Service Pipe Renewals 11,000.00
Hydrant Rentals 12 00000
Estimated Total - - - - 2,000.00
The Board of Public Works recommends the above changes in rates
and charges and requests that the Finance Committee approve the increase
on Hydrant rentals to $40.00 per hydrant.
The Board has voted that subject to the approval of the proposed
hydrant rental charges by the Finance Committee, the new Metered Water
Rates shall become effective July 1, 1958, the first billing to be on the
October 1958 series of water bills.
Service Pipe Renewal charges became effective on June 20, 1958,
excluding those applications already on file.
Action by the Finance Committee by August 1, 1958 will be appreci-
ated.
Very truly yours,
(signed)
Coleman J. Donahue
Chairman
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Received request for abatement of sewer rental bill from Barthol-
omew Carney Estate, 6. Sweetser Avenue. This estate had been erroneously
charged sewer rental bills totaling $32.20 from November 1, 1953 to May
1, 1958, although the estate has never been connected to the common sewer.
Moved, seconded and voted to abate all unpaid sewer rental bills, and to
insert an Article in the next Town Meeting for repayment of the remainder
of the paid sewer rental bills issued for this estate.
Received the following report from the Acting Superintendent re-
garding the newly delivered P. H. Backhoe:
P & H BACKHOE,, TRUCK MOUNTED
The P & H Backhoe, Truck Mounted, purchased from Shanahan Equip-
ment Co. was delivered on Friday, June 29, 1958. A demonstrator accom-
panied the rig, and a Department employee is being schooled in its
proper maintenance and operation.
Skilled Laborer Paul Doucette, operator of the Oliver 88 rig has
an appointment in Salem, Mass. on Thursday, July 3 to take his examina-
tion for an operator's license.
The P & H is as bid - however, the 3/8 cubic yard back-hoe bucket
does not appear to be suitable for our needs. It is 3/8 cubic yard
capacity, but has a digging width of only 2011, including the side teeth
and flanges. Bucket widths run to 26" in width, which would be more
suitable.
ACTING SUPERINTENDENT
Moved, seconded and voted to instruct the Acting Superintendent
to negotiate with Shanahan Equipment Co. for a 26" width back-hoe bucket.
Received report from Acting Superintendent regarding meeting with
Board of Appeal on Meadow Brook Golf Club Corp. gravel removal petition,
as follows:
MEADOW BROOK GOLF CLUB - BOARD OF APPEAL
On Thursday, June 26, 1958 at 6:00 A. M. Chairman Donahue, the
writer, and two members of the Board of Appeal met at the site of the
proposed gravel removal project at Meadow Brook Golf Club off Grove
Street and perambulated the perimeter of the area in question.
The Board of Appeal was presented the original of the attached
letter signifying the "advise and consent" of the Board of Public Works
to the project, in accord with Condition 19 of the Board of Appeal
decision. Further oral advise was given the Board of Appeal by Chairman
Donahue relative to excavation of gravel adjacent to division property
lines and the high pressure natural gas main which passes through the
area to be excavated. Area excavated to be defined with large wooden
stakes, painted yellow for visibility.
ACTING SUPERINTENDENT
June 23, 1958
Philip R. White, Jr, et al
Board of Appeal -
Reading, Mass.
RE: MEADOW BROOK GOLF CLUB CORPORATION
GRAVEL REMOVAL PERJIT
Dear Sirs:
The Meadow Brook Golf Club Corporation have filed with the Board
of Public Works a "Plan of Land in Reading, Mass. Surveyed for Meadow
Brook Golf Club Corp." dated June 14, 1958, Frederick R. Bean, Regis-
tered Surveyor, Lynnfield Centev,. Mass. -
This Plan is in accord with Condition 19 of the Decision o£ the
Board of Appeal on Petition of Meadow Brook Golf Club Corporation dated
March 22, 1958, and refers to the "old area" under Condition 20 and con-
dition 22 of said Decision. On said Plan the present elevations of the
existing gravel pit in the "old area" are shown in Red, and the Bench
Mark used is also shown.
The Board of Public Works have voted to approve the Plan describ-
ed herein, and suggest that an elevation of 112 feet to det as the mini-
man elevation by the Board of Appeal, and in no event be less than FOUR
(4) FEET above the elevation of the center line of Grove Street at any
point in the pit, at an angle of 900 from a corresponding point off said
center line of Grove Street.
Very truly yours,
(signed)
Coleman J. Donahue
Chairman
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The following Registry of Deeds Plans were approved for endorse- '
ment by the Acting Superintendent under the Subflfvision Control Law:
LOCATION OWNER SURVEYOR
LarcTiTFhe #11 Frank-3ronk E,tson
#68 Grove Street Clarence P. Robinson - Perkins
Discussed request from Douglas Burhoe, developer of land on Rand-
all (Proposed) Road, for partial approval of Randall (proposed ) Road
Westerly of Overlook Road . As this would result in a dead end on a
steep gradient, the Acting Superintendent was instructed to request Mr.
Burhoe to explore the possibility of an outlet to County Road for Ran-
dall (proposed) Road.
On recommendation of Acting Su;erintendent, it was raved, seconded
and voted to employ a one cubic yard drag-line rig from J. J. Cronin of
North Reading for the 1958 excavation of John Street Dump, at the rate ,
of �S14U.00 per 8 hour day for dragline, rig, pontoons, and operator.
Moved, seconded and voted to instruct Acting Superintendent to
review the Public Dump situation, and to prepare and present to the Board
a proposed schedule for more efficient operation of the Public Dump in-
cluding working hours and methods of the Dump Caretakers.
Moved, seconded and voted that henceforth there be included in all
Board of Public Works contracts 9n item requiring that Police Protection
be maintained at the expense of the Contractor.
Moved, seconded and voted to invite "The Orientals" hot rod organ-
ization to appear before the Board on July lll, 1958 to discuss the use
Of them of Mill Street Pumping Station as a headquarters, and to request
them to produce Insurance Policies adequate for full protection of the
Town of Reading. ,
Moved, seconded and voted to purchase natural leather finish brief
cases for each Board member, for more adequate filing and preservation of
official instruments and reports.
On recommendation of Acting Superintendent', it was moved, seconded
and voted to allocate the sum of not more than $50.00 for use by the
Recreation Committee In purchasing prizes for the Annual July 4 Field Day
for children at Washington Street Ball Park.
On recommendation of Acting Superintendent it was moved, seconded
and voted that the period July 21 - August 1, 1958 inclusive be estab-
lished as Annual Vacation period for Public Works Employees, exclusive
of key men in all Divisions.
Received the following copy of a letter from the Trustees of the
' Wang Realty Trust addressed to the Board of Selectmen, which hereby be-
comes a part of these minutes:
June 23, 1958
Board of Selectmen
Town of Reading
16 Lowell Street
Reading, Massachusetts
Gentlemen:
Confirming my telephone conference last Friday with Mr. Putnam,
as one of the Trustees of Wang Realty Trust, I would appreciate the
opportunity for an informal hearing at your next meeting which, I
understand from Mr. Putnam, will be on June 30th.
The subject I want to discuss is the problem of obtaining Read-
ing Town water for the industrially zoned land which is owned by the
Trust on the south side of Route 128. For your information, the Trust
has this day exercised its option to purchase the acreage in that area
now owned by Mr. and Mrs. Stanley C. Brown.
The site which the Trust desires to develop as a location for the J
Wang Laboratories, Inc. plant is located at the western end of Robin
'Crest Road on the approximate site of the old Larson house. The Trust
is ready to begin construction of the building if it can be assured of a
public supply of water. Application was made some months ago to the
Town of Stoneham to furnish water to this location by extending the water
line now located on Evergreen Road in Stoneham. This application was
denied. Mr. Putnam informed me on Friday, June twentieth, that the pro-
posal to furnish Reading water to this site in consideration of a $7,500
contribution by the Trust and an agreement to widen Robin Crest Road
to 40 feet and grant it to the Town had not been accepted by you as the
basis for an article in the Town Warrant. I should like to discuss with
you the necessary steps to be taken by the Trust in order to secure a
supply of public water for its proposed building and would appreciate
your informing me of a date and time that would be convenient for you.
CEG/mma Sincerely,
cc Mr. James T. Putnam
Commissioner of Public Works . (a) Charles E. Goodhue III
Town of Reading
16 Lowell Street
Reading, Massachusetts
Letter noted - no action taken.
Board adjourned at 11:25 P.M.
Respectfully submitted:
Secretary
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