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HomeMy WebLinkAbout1966-10-03-BOS-min 25 S ,FCTMEN'S MEETING October 3, 1966 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, October 3, 1966, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Cataldo, Sheldon and Mabee were pre- sent. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present. Mr. Legro said he had an Order of Taking for the slope easements on Lowell Street that the Board discussed at its last meeting and determined no betterments ; all Lowell St. except Sutherland. Slope ease Upon motion duly made and seconded, it was voted ments to adopt an Order of Taking of slope easements on Lowell Street in the following form: COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. TOWN OF LEXiMON At a meeting of the Board of SeleOtriftt of the Town of Lexington held on the 3rd day of October, 1966, it is ORDERED: Whereas the Selectmen are the board of officers authorized to take land by eminent domain under Chapter 79 of the General Laws in connection with the laying out, widening, altering or relocating of a public way in Lexing- ton, And NOW, THEREFORE, we, the undersigned, being a majority of the Board of Selectmen of said Town of Lexington, duly elected and qualified and acting as such, do hereby, under and by virtue of the provisions of Section 32B of Chapter 82 of the General Laws and of the provisions of Chapter 79 of the General Laws, and all acts in amendment thereof and in addition thereto, and of any and every other power and authority us hereto in any way enabling, take in the name and on behalf of said Town of Lexington the perpetual rights and easements to enter upon, remove, deposit, slope, bank and maintain upon the parcels of land hereinafter described whatever material, filling or support may be deemed necessary for the protection of the street to be reconstructed within the location of Lowell Street, a public way in said Lexington, said parcels of land being situated on the westerly and WHEREAS, the Selectmen have determined that it is neces- sary to construct slopes in certain land hereinafter described abutting on Lowell Street in Lexington in order to protect the land within the locations of said public way. CJ 264 cr x cl x. easterly sides of said Lowell Street and being shown on a plan entitled "Plan of Slope Easements Lowell St. Lexington Mass." , dated July 21, 1966, by John J. Carroll, Town Engi- neer, to be recorded herewith, to which plan reference is hereby made for a more particular description of each of said parcels of land. Said rights and easements in the above described parcels of land are taken without interference with or prejudice to the rights of the owners, except so far as is reasonably necessary in the exercise of the rights and easements hereby taken, and there is reserved to the owners and their heirs, successors and assigns, all their rights in and to the use of their land lying within said above described parcels for all lawful purposes not incon- sistent with the use thereof for all of the purposes for which said rights and easements are hereby taken. On each occasion that the Town enteresupon the land in which the aforesaid rights and easements are taken and performs any work thereon, it shall be the obligation of the Town to remove all surplus material and to leave the sur- face of the premises in reasonably as good condition as when the entry was made . Any trees upon the land included within the above described parcels of land are included within the taking. The land in which the aforesaid rights and easements are taken is believed to belong to the following namedparties, but if the names of the owners of any of said land or of any interest therein is not stated or is not correctly stated, it is to be understood that such land or interest is owned by an owner or owners unknown to us: Unregistered land Lots as Indicated. Owner on Aforesaid Plan Antonia E. Kirouac and Ruth M. Kirouac, Husband and wife Lot R 1 John E. Allen and Ruth M. Allen, husband and wife Lot B Realty Developing Company, Inc. Unnumbered Lot Owner or owners unknown Unnumbered Lot �q 267 1 No betterments are to be assessed for this improvement. Sidewalk betterments have been assessed under a prior order. And said Board, having considdred the question of damages, hereby determines that no damages have been sustained and none are awarded. WITNESS our hands at Lexington aforesaid this 3rd day of October, 1966. TOWN OF LEXINGTON By /s/ Lincoln P. Cole, Jr. /s/ Robert Cataldo /s/ Levi G. Burnell /s/ I H. Mabee /s/ George C. Sheldon Majority or the Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, Se. October 3, 1966 Then personally appeared the above-named Lincoln P. Cole, jr. , Levi G. Burnell, Robert Cataldo, George C. Sheldon and Irving H. Mabee, known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lex- ington, and severally acknowledged the foregoing instrument to be their free act and deed, before me, /s/ Donald E. Legro Notary .Public My commission expires:March 14, 1970 Mr. Legro said he had a question en a tax title lot the Board voted some time ago to convey to Eugene F. Delfino and Mildred E. Delfino, lot 77 on Reed Street. Tax title He explained this is a small lot having a frontage on Reed Street of 30 33 feet and about 100 feet depth which fronts on Garfield Street. He said in the information given to him it was stated. Mr Delfino also wanted to acquire lot 78 but the title was not clear and this lot I ac N C'] M1- CNa° would be considered later on and offered to him when the title was cleared. He explained lot 78 separates the land he now owns from lot 77 so there can't be any com- bining of lots. He statedalthough it may be impossible to construct on a thirty-foot lot , it creates a problem that confronts the Board of Appeals. As a practical matter, they can' t construct a building because the lot is only thirty feet wide and there is nothing which it can be combined with until lot 78 is clear. Mr. Gray stated the original taking of the land by the Town was not clear on lot 78. At Mr. Delfino' s re- quest, the Board agreed to sell lot 77 and when the title is clear on lot 78, the Board would entertain an offer and then this would be combined with the existing lot. Mr. Sheldon said that would be a condition of sale. Mr. Legro suggested thatthe deed bis written for a period of years, probably ninety-nine years , unless, in the meantime, it is combined with other land of the grantee. 11 Mr. Gray said this is agreeable to Mr Delfino. Mr. Legro said if that is the understanding, the deed will be so drawn. Mr. Gray saidhe had a letter from Mr. Harry E. King, 6 Scotland Road, accepting the Board' s offer of $500 in King settlement for the sewer easement through a 15 foot strip settlement of land along the southwesterly boundary line of lot 46. Mr. Legro is to prepare a confirmatory deed. Mr. Gray said he had a letter from Alfred S. Busa, requesting that the cash bond posted on Circle Road be reduced to $10,000. Mr. Carroll said the figure is correct. Mr. Legro suggested th9t this be cleared with the Busa Bond Planning Board because this portion of Circle Road was to be a second access . He said he knew the Planning Board has relaased lots on that subdivision because the Town has a substantial bond which would provide for the completion of the second access. The Chairman asked Mr. Gray to check with the Planning Board. Mr. Gray said he had a letter from Mr. MacInnes, Administrative Assistant, School Department, regarding additional poles around the Bridge School. He submitted School a plan entitled "PPreliminary Street Lighting Layouts lighting Elementary School Building, Middleby Rd. Lexington" , and indicated the proposed pole locations. The school de- partment approves the location of the poles but requests L 269 underground wiring. There is not sufficient funds in the appropriation to do this . He reporteda conversation with Mr. Crimp and said the cost is at least $70,000 and he does not feel it is necessary. Mr. Gray also mentioned a figure of $2,000. TheChairman said the school committee could find the money or ask for a transfer. Mr. Carroll said this is not a problem for the Board of Selectmen. It was the opinion of the Board this was not a :) matter to be decided upon by the Board of Selectmen, and Mr. Gray was requested to so advise Mr. Maclnnes. Mr. Carroll reported bids on Massachusetts Avenue Chapter 90 construction will be taken tomorrow. Bids Mr. Carroll reported that next Monday -:the State Department of Public ,dorks plans to close off Concord Concord Avenue and Route 2 for a period of about one month. Avenue & This is due to construction involving the construction Route 2 of a sewer main and due to the construction where the present section of Route 2 is being abandoned. He said he would take care of inserting a notice in the paper this week. The Chairman asked what hours the dump is now open. Mr. Carroll replied commencing September 30, the dump is open from eight until five, and this is in the rules and regulations which have been in effect for a couple of years. He explained two years ago, the rules were Dump rules changed so the dump would close at five beginning & regu- September 30. lations The Chairman said there seems to be a substantial amount of the populous that wants to use the dump after five. Mr. Carroll said it is dark, and this procedure has been done for three years, but it is up to the Board, and he would do whatever the Board wanted. He did recommend that the hours remain the way they are now. No member of the Board felt inclined to make a change in the present rules and regulations governing the closing hours of the dump Mr. Carroll referred to a sewer easement on Grove street and a proposed taking, which he said was west of the bridge in conjunction with the sewer mains being put Grove St. in this year. He said in order to sewer this particular sewer section of Grove Street, which he indicated on the plan, he felt it would be better to put the sewer in the rear of the properties shown on the plan. He explained all 270 ca N C, property owners have been contacted and are pleased with the location suggested. He explained a drain easement over property of Royal D. and Lois W. Chandler, and said Mrs. Chandler knows about it. In his opinion, the total damages are nominal. Upon motion duly made and seconded, it was voted to authorize Town Counsel to prepare the necessary Order of Taking for the Board' s signature . Letter was received from Robert V. Ericson, 14.0 Shade Grandview Street, requesting permission to speak before the Board Avenue when the subject of streets comes up for discussion. His request is relative to his petition for construction of street, sewer and water in the remainder of Grandview Avenue. Mr. Donald K. Irwin, Building Inspector, met with the Board. The Chairman referred to Mr. Irwin' s letter of September 21, 1966 to the Appropriation Committee in- quiring about next year' s budget. He asked if Mr. Irwin had anything he wanted to say in regard to an Assistant Building Inspector. Mr. Irwin said he thought it should be verified Assistant just what his capacity will be. He said the Board was Building familiar with the problems regarding Board of Appeals Inspector zoning, etc. He asked if the Assistant would concentrate on that. He said if this person is going to act as a substitute, he should have the qualifications. The Chairman said if Mr. Irwin had, for instance, a master electrician, he would have to be broken in by Mr . Irwin. Mr. Irwin said he did not want to have someone be would have to break in in all aspects. The Chairman said this man would be directly under Mr. Irwin. Mr. Legro advised the Board that the Building By-Law names requirements . The Chairman read Section 2. , Article II, Assistant and Substitute Building Inspectors and said the Board would have to conform to the By-Law. Mr.Irwin said the amendment requires the Assistant to have the same qualifications as the inspector. Mr. Sheldon said he assumed Mr Irwin was preparing his budgets and he would be preparing for this man when he is appointed. The Chairman said Mr. Irwin would need some help from the Board as to the amount and he suggested that Mr. Irwin keep in touch with Mr. Gray. Mr. Irwin explained the necessity for requesting additional funds in his Expenses account and the Chair- man suggested that he get his request in for a transfer111 and the Board would process it. Mr. Irwin retired at 8:10 P.M 271 Notice was received from the Metropolitan District Commission relative to a hearing on October 21, 1966 at 11:00 A.M. on proposed improvements or extensions to the Metropolitan Water Supply System. MDC Hearin Mr. Carroll said he would find out whether it is worthwhile to attend. The Chairman read a letter from James E. Storer, Chairman of the Association for the Preservation of Bowman Park, requesting a hearing with the Board when Emerson it discusses the matter of Emerson Road. Road The Chairman said at such time as this subject is placed on the agenda, he would inform Mr. Storer. The Chairman read a letter from the Chamber of Commerce, dated October 3, 1966, in regard to the Visitors ! Center and the Chamber' s intention of keeping the Infor- mation Square open the year ' round. The Chairman explained this was brought about by various requests the Board has received for the use of the building in the evening, and this opens up for Visitors' discussion on what the ground rules for the Visitors' Center Center will be. Mr. Cataldo said the Board should limit it to Town committees , but until the building is set up , no one should use it. Mr. Sheldon was in favor of going along with Mr. Tarbox' suggestion to run into the winter months until such time as the Chamber of Commerce feels it should not be continued. The Board of Selectmen could then change the policy on this. He said as long as the building is open and manned, he could see no objection to the use requested by Mrs. Morey on behalf of the Lexington Histori- cal Society. Mr. Mabee pointed out that is not a Town Committee. Mr. Cataldo recalled other requests received from other organizations that have been denied, and if this request is granted, the Chamber of Commerce, Rotary and others should be given the same courtesy. Mr. Mabee said the building should be used as much as possible by those committees in Town performing a ser- vice, and he would be in favor of opening it up as mubh as possible as long as the building is going to be open and also having them participate in the cost of keeping it open, custodial care, heat, light, etc. Mr. Cataldo said the requets would be screened and some granted, others denied. Mr. Mabee said he would make a more definitive defi- ' nition of those able to use it, and he wouldgo along with 272 N Town Committees. He would not mind having a service group in Town use it if they paid for the heat, light and custodian care. The Chairman asked if there would be a schedule of rental fees similar to those used in renting Cary Hall and Mr. Mabee replied in the affirmative. Mr. Burnell said he did not think Town committees have been given the opportunity to use this yet. As far as he knew, there is no furniture in the two upper rooms and there is nothing to invite such people to meet there . He said there are committees working for town government who would use these rooms if they had the equipment to make it convenient for them to use the rooms . He said the first step is to get some furniture in there. He said it is a good building, anveniently located, and should be used as much as possible. Mr. Sheldon said until there is some furniture, the issue is academic as far as the upper floor is concerned. In the meantime, as far as h3 was concerned, the Board could defer the summer rules and regulations. The Historical Society request is not going to be permanent. It has a job to do and when it is done , it won't Want the space any more Mr. Burnell said he would be in favor of letting the Historical Society use the basement for this purpose under the direction of Mr. Carroll He said there may be a lot of sand involved in this washing business and dumping sand in sewer lines could block the sewer. The Chairman said the Board is in agreement that it maintain the winter hours 10:00 A.M. to_,4:00 F.M. Mr. Sheldonaid it is also agreed that the upper rooms should be ftaBitable. The Chairman said the surplus chairs in the Select- men' s Room were going to be used there Mr. York said there are a few dollars left in the building account, $700 or $800. The item for furniture was $1,000. Mr. Cataldo said some of the remaining funds should be reserved for the purpose of fixing the base on the diorama and this is something that should be done . The Chairman said he would sit down with Mr. Gray this coling week and prepare some rules for the Boa . to consider for the use of the building, and at this time, take up the request of the Historical Society. Motion was made to grant the use of the basement for this purpose to March 1, 1967, provided the Society pays for the custodian. Mr. Carroll questioned if a custodian was necessary. He did not think it necessary for a small committee . The Chairman said he would leave it up to Mr. Carroll to work this out with the Society. �7 ig Mr. York said there are quite a few things in the Information Center Mr. Burnell said the Society was going to use the rear entrance Mr. Cataldo said the Board would still be granting something now that it is basically opposed to . He said he could not see granting permission to do something the Board is not going to allow once the rules and regulations are established. He said the Board would be committing itself to things tt knew it was not going to allow at a later date. Mr. Sheldon said there are no rules and regulations yet and this request would be granted before they are set up. Mr. Carroll said if the Board is going to require a custodian, he suggested strongly that it be done on a flat fee basis because people argue about the cost of a custodian. He said the Board should arrive at a schedule of fees that would cover light, heat, etc. , plus the cus- todian fees . If it is $10.00 an hour, it is $10.00 an hour. The Chairman said the suggestion was germane to the overall problem, and at thts point, the Board is considering only the request of the Historical Society. Upon motion duly made and seconded, it was voted that the Lexington Historical Society be granted the use of the Visitors? Center for two nights a week during the month of October and one night a week during the remaining winter months. They shall pay the janitorts fee for the number of hours the building is used until such time as the Board es- tablishes regular rates Mr Legro recommended that the Board, in allowing the use of any such building, require the users to provide insurance coverage for personal injury and property damage and provide certificates. He said for the benefit of private organizations , the Town subjects itself to the risk of liability for personal injury. The Chairman said Mr. Legro was suggesting a major policy change affecting all public buildings under the jurisdiction of tlletBoaBd of Selectmen . Mr. Sheldon said he would like to know what the cost is for such a policy. The Chairman said the Town does have liability policies on all its buildings, and Mr. Legro said not on the infor- mation given to him. Mr Gray statedit does not cover all buildings. Mr. Sheldon suggested that Mr Gray get some conclusive costsand also how many buildings are not covered. Messrs . Legro and Carroll retired at 8:35 P.M. X74 CI The Chairman read a letter from Nathan T. Sidley, President of the Lexington Democratic Club, requesting permission to maintain an election campaign headquarters on the property of the Depositors Trust Company and to post a sign on a light pole at the corner of Massachusetts Avenue and Depot Square Circle. The Chairman said the Board could vote legally if it has no objection to the trailer but the signs would have to go before the Historic Districts Commission. Mr. Cataldo pointed out that the poles belong to the Town and permission would have to be obtained from the Board of Selectmen. He said he did not think the Board could even grant permission to park the trailer. The Chairman said he would like to state the Board's position, that it is not against election headquarters for either party. Mr. Sheldon added, providing these things conform with existing by-laws and other regulations . , The Chairman saidthey needed some directions on these and if they have to go before the Board of Appeals , they would never get the trailer there because it would. not be approved until after election. He said if the bank wants ;bo give them permission, that is between the bank and this group. The Chairman asked Mr. Gray ito call Mr Sidley and explain to him that the Board can give them permission to place a sign approved by the Historic Districts Com- mission at such location as the Histrri6 District Com- mission approves; this Board has no objection to an approved sign. At 8:45 P.M. , Mr William Hamilton, 46 Asbury Street, met with the Board The Chairman read a letter from Mr Hamilton, dated September 30, 1966, stating the Town drains a tremendous Hamilton amount of water on his lot at the corner of Worthen Road drainage and Massachusetts Avenue and requesting that funds be in- cluded in the budget to lay adequate drainage pipe. Mr. Carroll said there is a question in his mind whether the Town has any specific rights into the pro- perty, and it has been doing this for many years . He said Mr. Hamilton asked if the Town wad pipe this and divide the cost. Mr. Carroll said he would like the Board to defer action on this for one week so he will have an opportuhity to get some information upon which the Board could base its decision. Mr. Hamilton had no objection. The Chairman said. if Mr. Carroll checks this out, and is in touch with Mr. Hamilton on whatever he presents to the Board, it may eliminate another meeting with the Board. 275 Mr. Hamilton saidthat would be all right and he retired at 8:45 P.M. Letter was received from Mr. Jerry Halprin, Vice President of Ruder & Finn, New York, on behalf of Tyrex, Inc. relative to a proposed proclamation designating October 9-15 as Tire Safety Week. Procla- The Board felt that the State' s safety inspection mation is adequate without any such proclamation. Upon motion duly made and seconded, it was voted to appoint the following individuals to serve as a Town Office Building Committee: Committee Mr. Robert Cataldo - Board of Selectmen Mr. John H. Blaisdell - Appropriation Committee Mr.Hugh Chapin - Capital Expenditures Committee John J. Carroll - Superintendent of Public Works Albert Gray, Jr. - Executive Assistant, Selectmen 0tie S. Brown, Jr. - TMMA Upon motion duly made and seconded, it was voted to grant a Taxi Driver License to Norton P. Snow, 4 Hayden License Lane, Bedford, satisfactory character references having been received from the Chief of Police . Upon motion duly made andseconded, it was voted to sign sewer orders for Robinson Road from Grove Street easterly todistance of 1165 feet, more or less, to Sewer Turning Mill Road; Grove Street from Route 128 northerly Orders to House number 106; Demar Road from Turning Mill Road a distance of 1008 feet , more or less, northerly to Jeffrey Terrace. Mr. Cataldo said he and the Chairman met some time ago with the Department of Public Works on landscaping D.P.W. of the maintenance center. The State has taken the Maintenance Board' s recommendation and is landscaping. He suggested Area that a letter of thanks be sent to Commissioner Hibbs. Mr. Cataldo said, with reference to the Department of Public Works and 4orthen Road, that Governor Volpe Worthen spoke last Saturday and in his speech included his Road position on Worthen Road and instructed the Commissioner to answer the Board' s question and take into consideration Worthen Road . Mr. Cataldo said he felt the Board should make another appointment with Commissioner Hibbs. He suggested that the first meeting should be attended by the Board of Selectmen only. He reported receipt of a II telephone call this evening from the Belmont Board of Tui N CI Selectmen.o That Board does not want a large interchange at Watertown Street. 11 Upon motiohnduly made and seconded, it was voted to go into Executive Session for the purpose of discussing deliberating or voting on matters which, if made public , Executive might adversely affect the public security, the financial Session interest of the Town, or the reputation of any person. Following discussion with Mr. Gray relative to de- partmental matters, and with Mr. Legro on legal matters, it was voted to resume the open meeting No further business to come before the Board, upon motion duly made and seconded, it was voted to adjourn at 9:55 P.M. A true record, Attest : ec iv /Clerlk, Select f.n 1