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HomeMy WebLinkAbout1974-02-04-BOS-min 417 SELECTMEN'S MEETING February 4, 1974 A regular meeting of the Board of Selectmen was held in the .Select- men's Meeting Room on Monday, February 4, 1974, at 7 30 p.m. Acting ChairMan Bailey, Messrs. Busa and Brown, Mrs. Riff in; Mr. O'Connell., Town Manager; Mr. Cohen, Town Counsel , Mr. McSweeney, Director of Public Works/Engineering; Mrs. McCurdy, Executive Clerk, were present Mr. O'Connell informed the Board that only one bid was received Buckman on theBuckman Tavern storm windows - $3,500 from R & M Wood Products Tavern Co. his will be reviewed with Palmer & Dodge regarding what the Storm contract should contain. Windows The Board discussed the snow storm on last Saturday, during which the DPW employees were "not available " Mr. Bailey I would like to acknowledge the fine job done by Mr. O'Connell , Mr. McSweeney, Mr. Busa, and Mr. Cohen, and would like the record to show that the principals of the Town did an excellent job during a sensitive situation, and they handled jt well DPW Super- visorS worked from early morning through the night manning four plows in an effort to keep the streets passable. DPW Mr. Busa I would like to complement the Lexington citizens Employees for the understanding and kind consideration given when they knew the Snow Storm situation, and they called to complement the departments on the great job they did. Mr. Brown I got two calls back from people saying that they really didn't understand but, once they found out, they were really willing to say they were sorry. Mr O'Connell We had heard rumors but had not received official notification that they weren't coming in. When they were contacted by phone to report for emergency work, either there was no answer or the members of their families said they were out of Town or otherwise un- available. Some of the contractors came in but would not plow early in the day but by late afternoon when we told them there was no labor dispute, they went out and plowed. Acting Chairman informed the Board that Town Counsel Cohen had approved the form of the agreement between the Boston Edison Company Boston and the Town of Lexington. Edison Upon motion duly made and seconded, it was voted to sign the Rangeway agreement between the Boston Edison Company and the Town of Lexington Sewer for sewer easements on the Rangeway sewer from Route 128 to Hartwell Easements Avenue. AGREEMENT AND RELEASE PART I Whereas, by order of taking dated March 18, 1968, and recorded in Middlesex South District Registry of Deeds on April I , 1968, Book 11485, 41S Selectmen's Meeting February 4, 1974 Page 272, the Town of Lexington, acting through its Board of Selectmen under the provisions of Chapter 504 of the Acts of 1897 and other specified statutes, has taken the perpetual rights and easements to lay, construct, inspect, repair, remove, replace, operate and forever maintain a sanitary sew or sewers with any manholes, pipes, culverts and other appurtenances, and to do all other acts incidental thereto including the right to pass along and over the land for the aforesaid purposes, in, through and under certain strips of land from an existing trunk sewer located about 1500 feet northwest of Bedford Street to the southerly terminus of Rangeway in said Lexington as shown on a. plan entitled "Plan of Sewer Easement from Rangeway to Existing Sewer Lexington, Mass.", dated December II , 1967, John J. McSweeney, Town Engineer, recorded with said Deeds, Book 11485, Page 272; and WHEREAS, a part of said rights and easements so taken and a part of the construction easements described in said order are located within a strip of land in said Lexington over, across and upon which rights and easements for electric transmission line purposes were granted to Boston Edison Company, a Massachusetts corporation, by G.O. Anderson & Sons, Inc. by instrument dated March 28, 1947, recorded with said Deeds, Book 7115, Page 464, and WHEREAS, State Street Bank and Trust Company, formerly State Street Trust Company and later Second Bank-State Street Trust Company, a Massachusetts banking corporation having its usual place of business in Boston, Suffolk County, Massachusetts, Trustee under an Indenture 111 of Trust and First Mortgage by Boston Edison Company to it under its said former name "State Street Trust Company", dated as of December 1 , 1940, recorded, among other places, with said Deeds, Book 6446, Page 4, under all indentures supplemental thereto including, but not limited to, a Seventh Supplemental Indenture of Mortgage dated March 17, 1948, recorded with said Deeds, Book 7215, Page 512, and a Twentieth Supple- mental Indenture of Mortgage dated May I , 1958, recorded with said Deeds, Book 9140, Page 489, and a Financing Statement recorded with said Deeds, Book 9473, Page 568, is the holder of a mortgage which includes said transmission line rights and easements, and WHEREAS, said Town of Lexington and said Boston Edison CoMpany have informally agreed as to the settlement of damages arising out of the taking by said Town of sewer and construction easements within said Boston Edison Company easement and as to the minimum distance from the Boston Edison Company towers, poles and other specified structures at which the Town shall construct and install its sewer and the minimum distance from the Town's sewer at which Boston Edison Company shall in the future install towers, poles or other specified structures and now desire to formalize said agreements by this writing; NOW, THEREFORE, in consideration of one dollar ($1.00) each to the other in hand paid, receipt whereof is hereby acknowledged, and of the mutual agreements herein contained, said Town of Lexington and said Boston Edison Company agree as follows 419 Selecitmen's Meeting February 4, 1974 1. The Town of Lexington agrees that within the limits of said strip of land over, across and upon which said rights and easements were granted to Boston Edison Company by G.O. Anderson & Sons, Inc. by the aforesaid instrument dated March 28, 1947, the Town of Lexington will not construct or install any sewer pipe, manhole, culvert or their appurtenances within a distance of fifteen (15) feet of any Boston Edison Company tower, pole or pole structure, or foundation for the same, installed prior to April I , 1968, the date of the recording of the aforesaid order of taking. 2. The Boston Edison Company agrees that it will not install towers or poles or pole structures, or foundations for the same, within five (5) feet of any sewer pipe or its appurtenances constructed or installed by the Town of Lexington within the sewer easement taken by said Town by said order dated March 18, 1968. 3. Boston Edison Company hereby agrees to release and does hereby release and discharge said Town of Lexington and its boards, officers, agents and employees from any and all claims, demands, actions and causes of action for damages, compensation or otherwise by reason of or relating to said taking and the land therein described. And for consideration paid, said State Street Bank and Trust Company, formerly State Street Trust Company and later Second Bank-State Street Trust Company, Trustee under said indenture of Trust and First Mortgage dated, December I , 1940, said indentures supplemental thereto and said Financing Statement, hereby releases unto said Boston Edison Company and its Successors and assigns from the operation of said mortgage, any mortgage or mortgages supplemental thereto and said Financing Statement the rights and easements taken by the Town of Lexington by said order dated March 18, 1968, and on April I , 1968, recorded with said Deeds, Book 11485, Page 272. This release is made without covenants or warranties on the part of said State Street Bank and Trust Company as Trustee as aforesaid, either expressed or implied, in law or in equity, and without recourse to it in any event, and this release shall not in any way affect or impair the rights of said State Street Bank and Trust Company as Trustee as aforesaid to hold under said Indenture and any indentures supplemental thereto, upon the terms and conditions and in the manner and for the purposes therein expressed, the remainder of the premises thereby conveyed and not hereby or heretofore released. PART II WHEREAS, by order of taking dated May 27, 1968, and on June 7, 1968 recorded with Middlesex South District Registry of Deeds, Book 11518, Page 657, and registered in Middlesex South Land Registry District as Document No. 455681 , the Town of Lexington, acting through its Board of Selectmen under the provisions of Chapter 504 of the Acts of 1897 and other specified statues, has taken the perpetual rights and easements to lay, construct, inspect, repair, remove, replace, operate and forever 4'2 i Selectmen's Meeting February 4, 1974 maintain a sanitary sewer or sewers with any manholes, pipes, culverts and other appurtenances, and to do all other acts incidental thereto including the right to pass along and over the land for the aforesaid purposes, in, through and under a certain strip of land in said Lexing- ton from land of the Town of Lexington abutting on the northwesterly side line of the Northern Circumferential Highway (Route 128) to Hartwell Avenue as shown on a plan entitled "Plan of Sewer Easement from Northern Circumferential Highway to Hartwell Avenue Lexington, Mass.", dated December 12, 1967, John J. McSweeney, Town Engineer, recorded with said Deeds, Book 11518, Page 657; and WHEREAS, a part of said rights and easements so taken and a part of the construction easements described in said order are located within a strip of land in said Lexington over, across and upon which rights and easements for electric transmission line purposes were granted to Boston Edison Company, a Massachusetts corporation, by Dennis McNamara by instru- ment dated May 6, 1947, recorded with said Deeds, Book 7130, Page 330, and a part of said rights and easements so taken and a part of the construction easements described in said order are located within a strip of land in said Lexington over, across and upon which rights and easements for elec- tric transmission line purposes were granted to said Boston Edison Company by Francis H. Maguire by instrument dated May 3, 1947 registered as Docu- ment No. 212691 noted on Certificate of Title No. 28564, Registration Book 191 , Page 217, and also noted on Certificate of Title No. 72175 filed in said Land Registration Office in Registration Book 481 , Page 589, and WHEREAS, State Street Bank and Trust Company, formerly State Street Trust Company and later Second Bank-State Street Trust Company, a Massachusetts banking corporation having its usual place of business in Boston, Suffolk County, Massachusetts, Trustee under an Indenture of Trust and First Mortgage by Boston Edison Company to it under its said former name "State Street Trust Company", dated December I , 1940, filed among other places, in said Land Registration Office as Document No. 169012, and under all indentures supplemental thereto including, but not limited to, those so filed as Document Nos. 219835, 228780, 238961 , 257712, 261470, 284171 , 292304, 304484, 319017, 347470, 360944, 373670, 379936, 402175, 419087, 426178, 439240, 444816, 461333, 471728, and 476977, is the holder of a mortgage which includes said transmission line rights and easements; and WHEREAS, said Town of Lexington and said Boston Edison Company have informally agreed as to the settlement of damages arising out of the taking by said Town of sewer and construction easements within said Boston Edison Company easement and as to the minimum distance from the Boston Edison Company towers, poles and other specified structures at which the Town shall construct and install its sewer and the minimum distance from the Town's sewer at which Boston Edison Company shall in the future install towers, poles or other specified structures and now desire to formalize said agreements by this writing I 4121 Selectmen's Meeting February 4, 1974 NOW, THEREFORE, in consideration of one dollar ($1.00) each to the other in hand paid, receipt whereof is hereby acknowledged, and of the mutual agreements herein contained, said Town of Lexington and said Boston Edison Company agree as follows I. The Town of Lexington agrees that within the limits of said strips of land over, across and upon which said easements were granted to Boston Edison Company by said Dennis McNamara and by said Francis H. Maguire by the aforesaid instruments dated May 6, 1947 and May 3, 1947, respectively, the Town of Lexington will not construct or install any sewer pipe, manhole, culvert or their appurtenances within a distance of fifteen ( 15) feet of any Boston Edison Company tower, pole or pole structure, or foundation for the same, installed prior to June 7, 1968, the date of the recording and registering of the aforesaid order of taking. 2. The Boston Edison Company agrees that it will not install towers or poles or pole structures, or foundations for the same, within five (5) feet of any sewer pipe or its appurtenances constructed or in- stalled by the Town of Lexington within the sewer easement taken by said Town by said order dated May 27, 1968. 3. Boston Edison Company hereby agrees to release and does hereby release and discharge said Town of Lexington and its boards, officers, agents and employees from any and all claims, demands, actions and causes of action for damages, compensation or otherwise by reason of or relating to said taking and the land therein described. And for consideration paid, said State Street Bank and Trust Com- pany, formerly State Street Trust Company and later Second Bank-State Street Trust Company, Trustee under said Indenture of Trust and First Mortgage dated December I , 1940 and all indentures supplemental thereto, hereby releases unto said Boston Edison Company and its successors and assigns from the operation of said mortgage and any mortgage or mort- gages supplemental thereto the rights and easements taken by the Town of Lexington by said order dated May 27, 1968, and on June 7, 1968 recorded with said Deeds , Book 11518, Page 657, and registered as Docu- ment No. 455681. This release is made without covenants or warranties on the part of said State Street Bank and Trust Company as Trustee as aforesaid, either expressed or implied, in law or in equity, and without recourse to it in any event; and this release shall not in any way affect or im- pair the rights of said State Street Bank and Trust Company as Trustee aforesaid to hold under said indenture and any indentures supplemental thereto, upon the terms and conditions and in the manner and for the purposes therein expressed, the remainder of the premises thereby con- veyed and not hereby or heretofore released. 422 Selectmen's Meeting February 4, 1974 PART 111 WHEREAS, by order of taking dated December 6, 1971 , and on December 17, 1971 recorded with Middlesex South District Registry of Deeds, Book 12128, Page 432, and registered in Middlesex South Land Registry District as Document No. 492994, the Town of Lexington, acting through its Board of Selectmen under the provisions of Chapter 504 of the Acts of 1897 and other specified statutes, has taken the perpetual rights and easements to lay, construct, inspect, repair, remove, replace, operate and forever maintain a sanitary sewer or sewers with any manholes, pipes, culverts and other appurtenances, and to do all other acts incidental thereto in- cluding the right to pass along and over the land for the aforesaid purposes, in, through and under a certain strip of land in said Lexington from an existing sewer main along the northwesterly side of Route 128 to an existing sewer main northwesterly of Patterson Road as shown on a plan entitled "Plan of Sewer Easement from Northwesterly of Patterson Road to Along the Northwesterly Side Line of Route 128 Lexington, Mass.", dated June 5, 1971 , John J. McSweeney, Town Engineer, recorded with said Deeds, Book 12128, Page 432; and WHEREAS, a part of said rights and easements so taken are located within a strip of land in said Lexington over, across and upon which rights and easements for electric transmission line purposes were estab- lished by a taking by said Boston Edison Company dated March 16, 1948, recorded with said Deeds, Book 7243, Page 390, and confirmed by grant from John D Polley et ux dated November 24, 1951 , recorded with said Deeds, Book 8023, Page 465, and a part of said rights and easements so taken are located within land of said Boston Edison Company described in a deed to it from Edwin John Lee dated April 10, 1947, recorded with said Deeds, Book 8779, Page 583, and a part of said rights and easements so taken are located within a strip of land in said Lexington over, across and upon which rights and easements for electric transmission line purposes were established by a taking by said Boston Edison Company dated March 16, 1948, registered with Middlesex South Land Registry Dis- trict as Document No. 219844 and confirmed by grant from Vincent N. Bellizia dated March 25, 1952, registered as Document No. 258706, both of which documents are noted on Certificate of Title No. 42897, filed in said Land Registration Office in Registration Book 287, Page 177; and WHEREAS, State Street Bank and Trust Company, formerly State Street Trust Company and later Second Bank-State Street Trust Company, a Massa- chusetts banking corporation having its usual place of business in Boston, Suffolk County, Massachusetts, Trustee under an Indenture of Trust and First Mortgage by Boston Edison Company to it and under its said former name "State Street Trust Company", dated December I , 1940, filed, among other places, in said Land Registration Office as Document No. 169012, and under all indentures supplemental thereto including, but not limited to, those filed as Document Nos. 228780, 238961 , 257712, 261470, 284171 , 292304, 304484, 319017, 347470, 360944, 373670, 379936, 402175, 419087, 426178, 439240, 444816, 461333, 471728, and 476977, is 42:3 Selectmen's Meeting February 4, 1974 the holder of a mortgage which includes said transmission line rights and easements; and WHEREAS, said Town of Lexington and said Boston Edison Company have informally agreed as to the settlement of damages arising out of the taking by said Town of sewer and construction easements within said Boston Edison Company easement and as to the minimum distance from the Boston Edison Company towers, poles and other specified structures at which the Town shall construct and install its sewer and the minimum distance from the Town's sewer at which Boston Edison Company shall in the future in- stallltowers, poles or other specified structures and now desire to for- malize said agreements by this writing NOW, THEREFOR, in consideration of one dollar ($1.00) each to the other in hand paid, receipt whereof is hereby acknowledged, and of the mutual agreements herein contained, said Town of Lexington and said Boston Edison Company agree as follows 1. The Town of Lexington agrees that within the limits of said strips of land over, across and upon which said easemses were established by said takings dated March 16, 1948 and within said siglips as extended through said land of Boston Edison Company the Town of Lexington will not construct or install any sewer pipe, manhole, culvert or their appurten- ances within a distance of fifteen ( 15) feet of any Boston Edison Company tower, pole or pole structure, or foundation for the same, installed prior to December 17, 1971 , the date of the recording and registering of the aforesaid order of taking. 2. The Boston Edison Company agrees that it will not install towers or poles or pole structures , or foundations for the same, within five (5) feet Of any sewer pipe or its appurtenances constructed or installed by the Town of Lexington within the sewer easement taken by said Town by said order dated December 6, 1971. 5. Boston Edison Company hereby agrees to release and does hereby release and discharge said Town of Lexington and its boards, officers, agents and employees from any and all claims, demands, actions and causes of action for damages, compensation or otherwise by reason of or relating to said taking and the land therein described. And for consideration paid, said State Street Bank and Trust Company, formerly State Street Trust Company and later Second Bank-State Trust Com- pany, Trustee under said Indenture of Trust and First Mortgage dated December I , 1940 and all indentures supplemental thereto, hereby releases unto said Boston Edison Company and its successors and assigns from the operation of said mortgage and any mortgage or mortgages supplemental thereto the rights and easements taken by the Town of _Lexington by said order dated December 6, 1971 , and on December 17, 1971 recorded with said Deeds, Book 12128, Page 432, and registered as Document No. 492994. This release is made without covenants or warranties on the part of said State Street Bank and Trust Company as Trustee as aforesaid, either expressed or implied, in law or in equity, and without recourse to it in any event; and this release shall not in any way affect or impair the 42 Selectmen's Meeting February 4, 1974 rights of said State Street Bank and Trust Company as Trustee aforesaid to hold under said Indenture and any indentures supplemental thereto, upon the terms and conditions and in the manner and for the purposes therein expressed, the remainder of the premises thereby conveyed and not hereby or heretofore released. IN WITNESS WHEREOF, the name of the Town of Lexington has been hereto affixed and this instrument has been executed in its name and behalf by a majority of the Board of Selectmen and sealed with the Town seal , said Boston Edison Company has caused this instrument to be executed and its corporate seal to be hereto affixed in its name and behalf by Joseph P. Tyrrell , its Vice President, and State Street Bank and Trust Company, ,- formerly State Street State Street Trust Company and later Second Bank- State Street Trust Company, as Trustee as aforesaid and not otherwise, has caused this instrument to be executed and its corporate seal to be hereto affixed in its name and behalf by M L. Goldberg, its Vice Presi- dent, this Ilthitlay of January, 1974. TOWN OF LEXINGTON By Fred Bailey Approved as to form Alfred S. Busa 111Natalie H. Riffin Norman P. Cohen Sanborn C. Brown Town Counsel of Lexington Majority of Board of Selectmen BOSTON EDISON COMPANY By Joseph P. Turrell (Affix Corporate Seal ) Vice President STATE STREET BANK AND TRUST COMPANY By M.L Goldberg (Affix Corporate Seal ) Vice President COMMONWEALTH OF MASSACHUSETTS Suffolk, ss January 22, 1974 Then personally appeared the above named Joseph P. Tyrrell , Vice President of Boston Edison Company, and acknowledged the foregoing in- strument to be the free act and deed of said Boston Edison Company, before me, Victor H. Kazceniian Notary Republic My Commission expires June 19, 1975 42 Selectmen's Meeting February 4, 1974 1 , Eleanor M. McCurdy, Clerk of the Board of Selectmen of the Town of Lebcington, hereby certify that at a regular meeting of the Board of Selectmen duly called and held on February 4, 1974, at which a quorum was present and acting throughout, the foregoing agreement dated Janu- ary II , 1974, between the Town of Lexington and Boston Edison Company was presented to the meeting and upon consideration thereof it was VOTED To sign and deliver the agreement between the Town of Lexington and Boston Edison Company dated January II , 1974. Attest Eleanor M. McCurdy Clerk of the Board of Selectmen Mary R. McDonough, Town Clerk of the Town of Lexington, hereby certify that the individuals who executed the foregoing instrument on behalf of the Town of Lexington are duly elected, qualified and acting members of the Board of Selectmen of said Town and constitute a majority of the members of said Board. Mary R. McDonough Town Clerk Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's meeting held on December 24, 1973. The Board discussed the meeting to be held during the holiday week. Upon motion duly made and seconded, it was voted to meet on Tues- day, February 19, 1974, at 7 30 p m. because of Washington's Birthday. Acting Chairman Bailey discussed Town Meeting dates. As you know, Town Meeting is being held on April I but looking forward to 1975, we can see some difficulties of having it run through April. Since it was the idea of the Appropriation Committee to change, I have asked the m mbers to talk about it and come back to us. Mr. Cohen There is legislation now to allow for further sessions and we may be able to postpone Town Meeting. In the past, the statute read that we had to have Town Meeting within 30 days after Election Day. The Beard agreed to wait until the Appropriation Committee returns with recommendations. r 426 Selectmen's Meeting February 4, 1974 Mrs. Riff in and Mr. Busa agreed to represent the Board at a meeting Scattered on scattered sites to be held on February 14, 1974 at Greeley Village Sites with representatives of the Lexington Housing Authority, League of Women Voters, and the Planning Board. The Board discussed the energy crisis and agreed to endorse the following statement to be published in the Minute-man "The Federal Energy Office recommended the following actions for a system of voluntary gasoline distribution to ease the difficulties motorists are experiencing in buying gasoline Energy Gas station operators give 10 gallons to every customer and cease Crisis preferential treatment. Gasoline i Station operators eliminate dollar limits on gasoline purchases Station operators clearly post hours of operation. Station operators pro-rate daily sales to avoid running out of the month's allocation before the end of the month. Motorists refrain from buying gas unless they need a minimum of five gallons. The practice of "topping off" has contributed to long lines at stations around the state." Mr. Brown I wonder if we could get the Traffic Safety Committee to look into it. Maple Street, for one, has long lines of cars waiting and the Board is responsible for safety. Mr. Busa I think we should make an effort to contact service sta- tion owners, meet with them and suggest some sort of plan not to have long lines of cars blocking streets. If the service stations staggered open, people would be able to get into their driveways. Acting Chairman Bailey We will put the Selectmen's statement in the newspaper and see if station owners can meet with us. With the input of the Traffic Safety Committee, we can try to work something out. The Board agreed. Street Board members were reminded to attend the street hearings in ESta- Hearings brook Hall on February 6, 1974. Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating, or voting on Executive matters which, if made public, might adversely affect the public secu- Session rity, financial interest of the Town, or the reputation of a person. After discussion of matters of negotiations, personal services budgets, and personnel policy matters, it was voted to go out of Execu- tive Session Upon motion duly made and seconded, it was voted to adjourn. at 10 25 p.m. A true record, Attest >17 Executive Clerk, Selectmen n