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Home My WebLink About1980-07-28 Board of Public Works Minutes July 28 , 1980 Meeting of the Board of Public Works convened in Room 16 Municipal Building at 7:30 P . M. Present were Chairman Cowell, Secretary Wood, Board Members DeHart, Fallon and Superintendent Louenis. Minutes of the previous meeting were accepted as presented and the meeting adjourned temporarily as the Board joined the Board of Selectmen in their office to discuss the HUD Flood Plain Map. The meeting of the Board of Public Works reconvened at 9:00 P .M. in Room 16 and met with the Chairmen of the Recreation Com- mittee, William Hughes and the Recreation Superintendent, John Pacino. Mr . Cowell invited Mr. Hughes to address the Board regard- ing the Recreation Committee concerns for the parks and playgrounds. Mr . Hughes stated he wished to meet with the Board to discuss mutual concerns relating to the parks and playgrounds and specifi- cally time schedules for the expending of the 111, 100 obtained at the end of Town Meeting and in particular cost aspects related to fences in the different parks and playgrounds. The Chairman asked the Superintendent to explain the program covering the items of work . The Superintendent stated plans and specifications for the work were now in progress and bid date for the contracts had been set for late August. It is expected the majority of the work should be complete by late September or early October except for the possi- bility that the sealing of the Birch Meadow Tennis Courts might have to be postponed until the Spring of 1981. A general discussion ensued relative to the items of work to be covered and the time schedule and it was generally agreed that the construction schedule would adequately cover the concerns of the Recreation Committee. Mr. Hughes then requested that the lighted softball field at Birch Meadow be watered down Monday and Wednesday every week during the softball season. The Superintendent pointed out that if this were to be done some other maintenance account would have to be dropped from the present program. A discussion ensued relative as to how this request might be implemented . It was finally agreed the Department would water the ball field as requested providing the Recreation Committee personnel would make emergency safety repairs to the chain link fence about which the Recreation Committee was concerned. Mr. Hughes reported that the Recreation Committee was considering an interna- , tional ball tournament between Reading and Canada and if the Recrea- tion Committee should agree to this tournament would the Board pre- pare Washington Park Baseball Field prior to the weekend of August 8-9-10. The Board agreed to prepare the field upon notification from the Recreation Committee. The Board met with Cliff Allen of Pop Warner Football. Mr. Allen informed the Board that Pop Warner Football in Reading had been in existence some fourteen years and the program had grown to the point where they were now fielding five teams and unfortunately the areas where they have been accustomed to playing were becoming more and more difficult to obtain. The School Department had refused them the use of Parker Junior High Field and they had been assigned the practice football field at Birch Meadow and have approval to use Castine Field and Sturges Park but this does not fully meet their needs . Mr . Allen requested they be allowed to use Sturges Park, not as a backup field , but as a practice field from mid-August until the end of the season. Mr. Fallon requested of the Superintendent his reasons for denying the , use of Sturges Park to Pop Warner except as a backup field. The Superintendent pointed out he felt due to Pop Warner practice the field has deteriorated rapidly and some effort had to be made to give the field a rest so it might be returned to its original con- dition . After consideration it was moved , seconded and voted 4: 0 to reconsider the Board ' s previous restrictions an the use of Sturges Park. It was moved , seconded and voted 3:1 to allow Pop Warner Midget Football to use Sturges Park Utility Ball Field for practice subject to the condition that cleats are not worn and that the Super- intendent and Mr . Allen look into the possibility of practicing in the skating area of Sturges Park as it may be possible to use those areae rather than the Utility Ball Field . The Board of Public Works reviewed a letter from H. Theodore Cohen of the firm of Tyler and Reynolds regarding the walkway eaa - ment to Washington Park. (copy appended hereto) It was moved , seconded and voted 4:0 to instruct the Superintendent to explore with Mr. Rivera the possibility of constructing a side-walkway in accordance with the Town Counsel' s ruling. I Minutes - continued July 28 , 1980 1 The Board reviewed proposed "Notice of Water Restrictions" and considered the Superintendent ' s request for authorization to impose the restrictions in the event of a water shortage emergency. The Superintendent informed the Board that although the water table is higher than normal at this time of year an emergency situation could occur should the hot weather continue without a good soaking rain. The Board agreed it is quite possible that the need for water restrictions could arise but wished to be made aware prior to deliver time of any notice if such notice is to be hand delivered. It was moved, seconded and voted 4:0 to authorize the Superintendent to impose emergency restrictions subject to notification to the Board. The Board reviewed letter from Tyler and Reynolds regarding Tankco. It was moved, seconded and voted to accept it as a point of information . The meeting of the Board of Public Works adjourned temporarily at 11: 15 P .M. and following a meeting as the Board of Survey recon- vened at 11:25 P.M. It was moved , seconded and voted 4:0 to sign commitment sheet covering lateral house connection in the amount of $280. 28 and to assess betterment accordingly. The Board reviewed Town Counsel ' s bill for the month of June. It was moved , seconded and voted 4:0 to approve 1.6 hours at $45.00 per hour, or $72.00. The Board signed the Payroll for the period ending July 25, 1980 and the Bill Roll dated August 1, 1980. Meeting adjourned at 11:35 P .M. /Rrpectfully submitted , / — Secretary TYLER IREYNOLDS Professional Corporation ONE BOSTON FT.aCE BOSTON, MASSACHUSETTS 02108 TELcv"o"e 617-523-6550 July 25, 1980 Board of Public Works Town of Reading Town Hall 16 Lowell Street Reading, Massachusetts 01867 Re: Walkway Easement Dear Board Members: You have asked me for advice as to whether the Board of Public Works on behalf of the Town of Reading has the legal authority to improve the walkway easement through certain lots in "Riverside Homes" granted by Rivers Development Corp. to the Town by documententitled "Conveyance of Easements and U- tilities" dated Mays, 1977. As a result of our preliminary investigation, it would appear that the Town has the right, if not the duty, to make reasonable repairs and other improve- ments to maintain the easement; and that marking the easement, mowing the lawn, and/or the placing of gravel on the walkway would probably all be deemed reasonable. Paving the walkway, however, would be more problematical, as this sort of improve- ment might not be viewed as reasonable. Erecting a fence to delineate the easement would not be permitted. The rationale for these conclusions is as follows : It is a general principle that when an easement or other property right is created, every right necessary for its enjoyment is included by implication.- Sullivan v. Dorlohue, 287 Mass. 265, 267 (1934) . Brown v. Stone, 76 Mass . 185 held that the owner of a rightof way over a passage may, for the purpose of keeping the way fit for use, disturb the soil and pave or repair it, provided that he made no material change to the state and condition of the soil . So long as the improve- ments contemplated by .the Town make no material change in the condition of the soil, the Town appears to be free to proceed with them. The Town however would be barred from erecting a fence on the easement, as the grant of right of way over. land does not include the right to erect: structures in or on such way. AmpagoomianV. Atamian, 323 Mass. 319 (1948) . TYLER es REYNOLDS -2- Hoard of Public Works Professional Corporation Town of Reading The right of anyone entitled touse a private way to make reasonable repairs and improvements is well-established in cases where the way is already in use. This principle ap- plies to the walkway in question which I understand to be cur- rently in use by residents of the Town. Furthermore, the right to make reasonable repairs and improvements exists even more clearly where without improvement the way is impassable and useless, Guillet v.* Livernois, 297 Mass.. 337, 340 (1937) . And in Hodgkins: v. Blanc 1ni,. 323 Mass. 169 -(1948) , the Court held that placing gravel on a cart road was a reasonable im- provement to maintain the road for its intended use. Further, case law holds that the party who enjoys the benefit of an easement is to keep it in repair. This being the case, the Town not only is permitted to repair the walkway, but it may be duty-bound to do so. As far as the owners of the parcels abutting the easement are concerned, they have an obligation not to ob- struct the walkway, and would be potentially liable for so do- ing. Doane v. Badger, 12 Mass. 65, 68 (1815) . Since the Town has the right tomaintain and perform ' reasonable improvements on the walkway,. therewould appear to be nothing preventing Rivers Development Corp. from performing either of these functions at its own expense. If the Town does wish to pave the walkway, it should contact me before so proceeding so I can :further research the reasonableness of such action in this particular case. Very truly yours he _� H Tohedore Con RTC/mek DOUGLAS A COWELL, CMbman OFFICE OF GAIL F. WOOD, Secretary TOWN OF READING DON R. D¢RART JOSE I. FALLON, JR. BOARD OF PUBLIC WORKS DOUGLASS L. BARKER t E. ROGER LOUANIR. Superintmtlent MUNICIPAL BUILDING .m. � READING. MASS. O1Ba7 MASSACHUSETTS COMMONWEALTH OF MASSACHUSETTS Middlesex, ea The undersigned, Board of Public Works of the Town of Reading, in compliance with the provisions of the General Laws, Chapter PO, as amended by Chapter 63 of the Arts of 1933, hereby certify that the list herewith contain the names of persona against whom we have made betterment assessments together with the location of the land benefited by the improvement and the nature and amount of such betterment assessment. Senor 'louse Connection 70% Lateral " 307.23 Such list is certified to you for the purpose of committing the same to the Tax Collector, as provided by law. WITNESS our hands this twenty-fifty day of Au ust airmen J Secretary �1 ' See Commitment Sheet. for List EDM/be