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HomeMy WebLinkAbout1965-10-04-min 317 SELECTMEN'S MEETING October LE, 1965 A regular meeting of the Board of Selectmen was held in the Selectmen 's Room, Town Office Building, on Monday, October LF, 1965, at 7:30 P.M. Chairman Cole, Messrs. Cataldo, Sheldon and Mabee were present Mr Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr.Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present . Request was received from Miss McDonough, Town Clerk, that one juror be drawn. Mr. Paul L. Bull, L.7 Liberty Juror Avenue, was drawn for jury duty Mr Gray reported two requests were received for the purchase of tax title lots and referred to the Planning Board One offer was received from Edward E. Domings, 8 Dunham Street, Lexington , for the purchase of lots 3, 8, 52 and 53 as shown on the Assessors ' property map #24. Tax title Mr. Gray readaa letter from Alexander V. Zaleski, V Planning Director , advising thatthe Planning Board has no objection to the sale of these lots for building pur- poses, provided the rchaser agrees to use each pair of 50 foot wide lots ass/I00 foot wide building lot . Lot 53 should not be sold as a separate building lot , but only to be consolidated with either lot 52 or with another ad- jacent lot . Mr. Gray reported that the other request was received from Alfred Iodice, 63 James Street , for the purchase of lots 1 and 2, James Street. The Planning Board has no Tax title objection to the sale of these lots providing they will not be built upon until James Street is constructed either as a subdivision in accordance with the rules of the Plan- ning Board or else as a Town way and that Lots 1 and 2 be used jointly and not as two separate building lots. The Chairman said if those interested are abutters, the Board can negotiate; if they are other than abutters, the Board should advertise. He said, with reference to the abutter, it is the Board' s procedure to notify any other interested abutter and if that person is not inter- ested, then it deals directly with the abutter that is interested. Mr. Gray said there is another lot , 80, on Valleyfield Street Mr. Cataldo sugge ted that Mr. Gray bring in some plans so the Board will be in a better position to make a decision. 318 ar ct Mr . Gray read a letter from James R. Maclnnes, Administrative Assistant , School Department , relative to a law pas ed in 196k wherein towns had tc save harmless teachers involved in a liability suit. It was discussed at the time with the understanding that this was optional as the law read that the town "map" save a teacher harmless and now it reads "shall" save a teacher harmless . Mr. Maclnnes has received a number of calls from concerned teachers as to what the Insurance status now is . Mr. Gray reported that when this was discussed before, he received a list from the School Department of science, industrial arts, physical education, coaches, etc , that the department had as being high risk people. This list was submitted to Mr. Stolz, Brewer & Lord's representative, and because of the cost determined at that time, the Board decided not to take out this cover- ' age He explained if the insurance is taken out, it would probably be charged to the Town's insurance budget. Due to the high cost of this coverage, the Board decided last year not to take the insurance, but to take each case as it came up. Upon motion duly made and seconded, it was voted not to take out the insurance saving harmless a teacher involved in a liability suit , but to have them remain "self-insured" against this possibility. Mr. Legro reported he had a deed from the Town to Manhattan Builders, Inc. , for the parcel of land on Waltham Street between the Bevilaqua land and the parcel Deed to presently owned by the Manhattan Builders, Inc . He ex- land on plained the Town reserved in this deed the sewer, water Waltham St. and drain easements in the ten-foot strip. He said the Superintendent of Public Works thought it would be well to reserve the sewer and water easements and there has been no objection from the owners. Upon motion duly made and seconded, it was voted to execute the deed, as submitted by Town Counsel, in the following form: The Town of Lexington, a municipal corporation in Middlesex County and Commonwealth of Massachusetts, sating by its Board of Selectmen under and by virtue of the power conferred by vote of the Town Meeting held on March 2t1 , 1965, a copy of which is hereto annexed, and every other power, for consideration paid, grants to Manhattan Builders, Inc. , a Massachusetts corporation having a usual place of business in Arlington , Middlesex County, Massachusetts, a certain parcel of land situated in said Lexington shown as Lot D-1 319 on plan entitled "Plan of Lot D-1 Waltham St . Lexingtbn, Mass ", dated February 16, 1965, John J. Carroll, Town Engineer, to be recorded herewith, bounded and described as follows: Southeasterly by Waltham Street , fifty and 36/100 (50.36) feet; Northeasterly by land of Anthony & Rose Bevilaqua on said plan, one hundred twenty-five and 03/100 (125.03) feet; Northwesterly by land of Town of Lexington, Municipal Parking Lot , on said plan, fifty and 73/100 (50.73) feet; and Southwesterly by land of Manhattan Builders, Inc . on said plan, one hundred twenty-five and 02/100 (125.02) feet. Containing, according to said plan, 6,316 square feet of land. Being a part of the premises described in an Order of Taking adopted by the Board of Selectmen of the Town of Lexington dated September 12, 1955, recorded in Middlesex South District Registry of Deeds, Book 8564, Page 190. The grantor hereby reserves in said lot D-1 the per- ' petual rights and easements as follows: A. The perpetual rights and easements to construct, inspect, repair, renew, replace, operate and forever main- tain (1) a sanitary sewer or sewers, with any manholes, pipes, conduits or other appurtenances, (2) pipes, conduits, and their appurtenances for the conveyance of water, and (3) a covered surface and ground water drain or drains with any manholes, pipes, culverts, conduits and their appurtenances, and to do all other acts incidental to the foregoing, in- cluding the right to pass along and over the land for the aforesaid purposes, in, through and under a strip of land bounded southwesterly by the southwesterly boundary line of said lot D-1, said strip having a uniform width of ten (10) feet as measured at right angles between side lines and extending the dntire depth of said lot D-1 from Waltham Street to land of the Town of Lexington, Municipal Parking Lot, all as shown and marked "10' Easement" on said plan . B. The perpetual rights andeasements for use by the public, in common with others entitled thereto, to pass and repass on foot over th7 strip of land hereinabove described in paragraph A C. The perpetual rights and easements for use by the 111 public, in common with others entitled thereto, to pass and repass on foot over a strip of land having a uniform width of four (4) feet as measured at ight angles between side lines and extending southeasterly from land of the Town of Lexington, Municipal Parking Lot, a distance of fifty (50) co ot :i20 Cr feet along the northeasterly boundary line of said LotD-1, all as shown and marked "41 Easement" on said plan. The aforesaid easements set forth in paragraphs A, B and C hereof are subject to the right of the grantee and its successors and assigns to construct ,maintain and repair over said easements, in compliance with the require- ments of the Building and Zoning By-Laws of the Town of Lexington, an extension or extensions of any building erected or to be erected on the portion of said Lot D-1 that is not subject to the aforesaid easements, provided that no part of any such extension shall be erected, placed or maintained at a height of less than twelve (12 ) feet from the finished surface of said easements , and subject also to the right of the grantee and its successors and assigns, after approval in writing of the Board of Selectmen, to close such easements temporarily frcm time to time for such periods and at such times as the Board of Selectmen shall deem reasonably neces- sary or expedient for the purpose of construction, maintenance, repair or demolition ®f buildings ar replacements thereof on the portion of said Lot D-1 that is not subject to the afore- said easements, or of any extension or extensions thereof over said easements as permitted herein. In consideration of the conveyance to it of the premises hereinabove described, the grantee hereby agrees for itself and its successors and assigns: (1) That it will promptly erect andforever maintain, in accordance with the provisions of the Lexington Building By-Law from time to time in effect and in accordance with the provisions of any laws or by-laws enacted or adopted in 4 place thereof, a roof or roofs over all portionsoof the "10 Easement" described in paragraph A hereof that are not covered by any extension of building permitted under the preceding paragraph hereof. Such roof or roofs shall be subject to the same height limitations as specified herein for the aforesaid extension or extensions; (2) That it will at its expense install, maintain and operate electrical equipment , and furnish electric power therefor, for lighting said "101 Easement" in a manner acceptable to the Board of Selectmen, and will keep the same lighted and operating during such hours of every day as the Selectmen shall determine; (3) That there shall be no obligation upon the grantor to construct , maintain, repair or drain the durface of the "41 ;easement" described in paragraph C hereof, or to remove snow and ice therefrom, and that the same shall be the 321 the obligation of the grantee, its successors and assigns; and (4) That for breach of any of the grantee' s aforesaid agreements, the grantor, acting by its Board of Selectmen, may, at any time and without prior notice, enter upon the granted premises and any structure thereon and perform anything required to be done under the aforesaid agreements, and, in the event of such entry and performance, the grantee will save the grantor harmless and indemnified from and against all costs, expenses and damages incurred by the grantor. There h s been full compliance with the provisions of Section 63A of Chapter 44 of the General Laws, as inserted by Chapter 247 of the Acts of 1955. IN WITNESS WHEREOF, the name of the Town of Lexington has been hereto affixed, and this instrument has been execu- ted in its name and on its behalf by a majority of the Board of Selectmen and countersigned by the Treasurer of the Town of Lexington and sealed with the Town seal, and the Manhattan Builders, Inc. has caused its corporate seal to be affixed and this instrument to be signed and delivered in its name and on its behalf by George H. Matheson, Jr. , its President, hereunto duly autaorized, both this 4th day of October, 1965 TOWN OF LEXINGTON By /s/ Lincoln P. Cole, Jr. /s/ Robert Cataldo /8/ George C. Sheldon /8/ I. H. Mabee Majority of the hoard of Countersigned Selectmen Is/ Mary R. McDonough Town Treasurer MANHATTAN BUILDERS, INC. By /s/George H. Matehson, Jr. President (Affix corporate seal) co 322 cr C, Aw COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. October 4, 1965 Then personally appeared Lincoln P. Cole, Jr. , Robert Cataldo, George C. Sheldon and Irving H. Mabee, known to hm to be the duly elected, qualified and acting Selectmen of the Town of Lex- ington, and acknowledged the foregoing instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me, /s/ Donald E. Legro Notary Public My commission expires: March 14, 1970 CERTIFICATE OF VOTE I, Mary R. McDonough, Town Clerk of the Town of Lex- ington, hereby certify that at the Annual Town Meeting duly called, warned and held on the 1st day of March, 1965, in ac- cordanee with the provisions of law applicable thereto, to wit : at the adjourned session thereof duly held on March 2L , 1965, the following vote was unanimously adopted: "VOTED: That the Selectmen be and they hereby are authorized in the name and on behalf of the Town to sell and convey, subject to such existing easements, reserving to theTown such additional easements and upon such other terms and conditions, as the Selectmen may determine, all or any past or parts of a certain parcel of land on Waltham Street that was acquired in 1955 from Herman B MacKay and Margaret R. MacKay as a part of the off-street parking area situated between Waltham Street and Muzzey Street , and is no longer ‘, needed by the Tow ; and that the minimum amount to be paid for such conveyance or conveyances shall be 30,000.00; and that the deed or deeds of conveyance shall be in such form as the Selectmen, by their execu- tion thereof, shall approve." A true copy. Attest: /s/ Mary R . McDonough Town Clerk 323 CLERK CERTIFICATE I, Edith F. Matehson hereby certify that I am the duly elected Clerk of Manhattan Builders, Inc. and that at a meeting of the Directors of said Corporation duly called and held on October 5, 1965, at the offices of Corporation, at which all of the Directors were present and voting, the following vote was unanimously adopted: "VOTED: That this corporation purchase from the Town of Lexington a certain parcel of land on Waltham Street for a price of $31,200, said conveyance to be subject to certain rights and easements and subject to certain ✓ oblications imposed on the Corporation, as set forth in a proposed deed which was read to the meeting, and that the President be and he hereby is authorized on behalf of the Corporation to sign and affix the corporate seal to the dead from the Town, and said deed may contain such further terms and conditions as he shall approve. I further certify that George H. Matheson, Jr. is the President of the Corporation, and that the foregoing Vote has not been amended or rescinded and is now in full force and effect . /s/ Edith F. Matheson Clerk Dated: October 5, 1965 Mr. Legro reported he had two tax title deeds conveying one half of Lot 217 Spring Street to Minute ✓' Man Realty, Inc . , rid the other half to Sane M. Doherty Tax title and John P. Doherty. Upon motion duly made and seconded, it was voted to execute deed, prepared by Town Counsel, conveying one half of Lot 217 Spring Street to the Minute Man Realty, Inc. Upon motion duly made and seconded, it was voted to execute deed, prepared by Town Counsel, conveying one half of Lot 217 Spring Street to Jane M. Doherty and John F. Doherty. co 32 4 cat ata• Mr. Legro reported he received a further request from Mr. Kobrick, relative to the parcel of land at the corner of Woburn Street and Lowell Street , that the Laconia agreement between the Board of Selec -men and the Planning Street Board be extended to some time in January. He said the Planning Board did not have a meeting last week so he was unable to report to that Board but he did report to Mr Zaleski who will take this up with the Planning Board this evening. Upon moticn duly made and seconded, it was voted to extend the agreement between the Board of Selectmen, Planning Board and the principals of the parcel of land at the corner of Woburn Street and Lowell Street to January 15, 1966 contingent upon the Planning Board's approval. Mr. Carroll referred to the parcel of land located on Laconia Street, owned by Diran M. & Rebecca E. Semonian, upon which a water betterment in the amount of $450 has been assessed. Mrs. Semonian came into the Selectmen's Office and said she wanted this betterment , which had Semonian been deferred in 1961 for three years, abated. Mr Carroll water submitted a plan and indicated the property owned by the betterment Semonians and pointed out the parcel upon which the betterment has been levied He said he could see no justification in abating this assessment but did think it could be deferred again. He said there is no question in his mind but that this is a usable parcel of land It was agreed to advise Mr. and Mrs. Semonian that the Board will consider another three-year deferment if they will request it in writing. Notice was received from the Metropolitan District Commission advising the Board of a hearing to be held MDC Water at the Commissioner 's Office, October 22, 1965, at 11:00 hearing A.M. , on the subject of Proposed Improvements or Extensions to the Metropolitan Water Supply System Mr. Carroll stated he planned to attend or send a representative . Notice was received from the Metropolitan District Commission advising the Board of a hearing to be held at MDC Sewer the Commissiondr ' s Office, October 19, 1965 at 11:00 A.M. MDC Sewer- Nearing on the subject of Proposed Improvements or Extensions to Hearing the Metropolitan Sewerage System. Mr. Carroll stated he planned to attend or send a a representative 325 Letter was received from Mr. Carroll together with letters from Whitman & Howard pertaining to recent Acts enacted by Congress from which Lexington might Acts benefit . He suggested that the Board follow the enacted by advice offered in each letter as a preliminary step Congress to gaining further information. Mr. Carroll said he thought the Board should write for the information suggested by Whitman & Howard. The Chairman asked if the proper action, at this time, wouldn 't be to authorize Mr Carroll or the Execu- tive Assistant, Mr. Gray , to follow this up so the Board could act intelligently on it . Upon motion duly made and seconded, it was voted to authorize Mr Carroll and Mr. Gray to work on this together The Cjairman read a letter from Graphics, Andover, asking that the Board consider them in seeking a new concept in the desi„n of the Annual Town Report It was agreed to advise the concern that Mr. Gray Town Report would arrange a meeting with Mr. Kenneth Jones, the firm1s representative, to explore the subject further to see just what might be done without incurring any obligation at the present time . The Chairman read a letter from the State Com- mission on Aging, advising it is now arranging meetings with Selectmen to discuss development of local Councils Council on The Chairman suggested, and the Board agreed, that Aged Mr. Gray contact Mr. William E. Neth, Community Co-ordi- nator, and have a meeting with him. Then if it is neces- sary for Mr. Neth to meet with the Board, make an appoint- ment for Monday, October 18. Letter was received from Lieutenant James F. Corr, Acting Chief, submitting the name of Officer Carl A. Carlson for appointment to the position of Dog Officer. Dog Officer Upon motion duly made and seconded, it was voted to appoint Officer Carl A. Carlson, Dog Officer, to fill the vacancy caused by the death of Officer Shaughnessy, effective immediately, for a term expiring March 31, 1966. Lette from Mr. and Mrs Anthony Colella, 337 Woburn Street , requesting a hearing relative to a dog owned by Dog Clarence Marshall, 11 Appletree Lane, was referred to the complaint Dog Officer for investigation and report. 326 ct Comparative Date - Schemes A, B & C, received from the Economic Development Associates, Inc . , was held over from the last meeting of the Board. The Chairman mentioned a meeting scheduled in Esta- brook Hall this evening by the merchants, property owners , and the Committee for Revitalization of Lexington Center, and suggested if the Board finished its meeting in time, it could attend that meeting rather than discuss this report now. Mr. Gray reported that Lieutenant Corr, in his present position, receives a base salary of $7,759.00, $365 for Inspector and $50. per month for Acting Chief. He explained on an annual base this totals $8724.00. Chief of Mr. Cataldo pointed out, as a Lieutenant , Officer Police Corr would receive holiday pay, and as Chief he wouldn't . salary He said he received $8724.00, plus the holidays. Upon motion duly made and seconded, it was voted to establish the salary of the Chief of Police at the rate of $9130.00 per year effective October 15, 1965, the date Lieutenant Corr assumes the duties of Chief of Police . Upon motion duly made and seconded, it was voted to grant the Lexington Chapter, Daughters of the Ameri- Use of can Revolution, the use of Estabrook Hall on February 6, hall 1966, for an open meeting with guests from the Lexington Historical Society and the Lexington Minute Men, subject to the established policy for the use of the hall. Upon motion duly made and seconded, it was voted to grant the Lexington Pre-School P.T.A. the use of Use of Cary Memorial Hall on November 6, 1965 and November 13, hall 1965, for a Pre-School Eye Clinic, subject to the estab- lishad policy for the use of the hall. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen' s Meeting held on September 27, 1965 Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, Executive deliberating or voting on matters which if made public, Session might adversely affect the public security, the financial interest of the Town, or the reputation of any person. Following discussion with Town Counsel pertaining to a sewer easement , Longfellow Road and Red Coat Lane, it was voted to resume the open meeting . 327 The Chairman read a letter from Miss Mary McDonough, Town Treasurer, advisinE; that she is in the process of borrowing $50,000.00, authorized under Article 7 of the Borrowing Special Town Meeting held November 23, 1961 , for con- struction of the Moreland Avenue School Upon motion duly made and seconded, it was voted to approve the bid of 2.25% submil;ted by the New England Merchants National Bank of Boston . Upon motion duly made andseconded, it was voted to sign Note #3367, Certificate of Town Clerk and delivery authorization. Upon motion duly made and seconded, it was voted to adjourn at 8:45 P.M. A true record, Att.,st : 1c/Ctliveilefrr , Salec en